Loading...
4.1. DRAFT MINUTES (2 SETS) 05-02-2016 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, April 4, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Planner Manager Zack Carlton, Parks and Recreation Director Michael Hecker,Engineer Justin Femrite, City Attorney Peter Beck, and Senior Administrative Assistant/Recording Secretary Jennifer Johnson I. Call Meeting to Order Pursuant to due call and notice thereo;. e meeting of the Elk River City Council was called to order at 6:32 p.m. by Mayor Dietz. .= 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 04/04/2016 Agenda`", Mayor Dietz added items 8.6 Pinewood Stipulation of Settlement and 6.1 Volunteer Recognition Day to the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the April 4, 2016, agenda, with the addition of items 8.6 Pinewood Stipulation of Settlement and 6.1 Volunteer Recognition Day. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 Minutes ■ March 21, 2016, Closed ■ March 21, 2016, Regular ■ March 30, 2016, Closed 4.2 Check register, check numbers 9845-9846 and 96372-96510 as outlined in the staff report. City Council Minutes Page 2 April 4,2016 ----------------------------- 4.3.A. Special Event Permit for Zylstra Harley-Davidson for events scheduled throughout 2016 as outlined in the staff report with the following conditions: 1. The event planner is required to notify surrounding businesses, residents, and organizations. The city will provide a template of the notice that must be distributed and a list of property owners to notify. The event planner must submit an affidavit that the notice was distributed. 2. Inspection of the outside area will take place prior to each outside event when there is a tent.Applicant must contact the fire marshal at 763.635.1110 during business hours for an inspection after the tent area has been set up. 3. The tent shall be removed within one day of the event and the site returned to its previous condition. 4. Event parking may not obstruct public roadways or render them unsafe for vehicle or pedestrian traffic. 5. If traffic becomes a problem around the temporary site, the area shall be delineated with a barrier to restrict traffic. 6. No electrical services shall be across any drive or walking surface. 7. All temporary signs shall receive a permit prior to display. 8. Alcohol sales/service must comply with all applicable local and state laws. 4.3.B. Special Event Permit for the Officer Besser Memorial Sunshine 5K scheduled for May 14, 2016, with the following conditions: 1. The event planner is required to notify all property owners abutting the race route. The city will provide a template of the notice that must be distributed. The city will also provide a list of the property owners who must be notified. Event planner must submit an affidavit that the notice was distributed. 2. Walkers/runners are to utilize sidewalks, trail systems, or road shoulders throughout the entire route. No road closures will be permitted. It is each runner's responsibility to ensure the streets/intersections are safe prior to closing. The applicant shall designate race marshals to monitor the race route and participants. Race marshals shall staff the following intersections: ■ Mississippi Road and Boston Street ■ Mississippi Road and Concord Street ■ Mississippi Road and Denver Street ■ Mississippi Road and Fresno Street ■ Gary Street crosswalk to Orono Park 3. ERPD will provide two reserve Police officers/ community service officers to assist with traffic control for the race. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least three weeks in advance to arrange for police reserves. Those officers will be at Orono Road and otmaA UREJ City Council Minutes Page 3 April 4,2016 ----------------------------- Mississippi Road,Joplin Street and Business Center Drive, and at the end of the race City Hall complex crosswalk. 4. The race staging area is the '/2 circle in front of the Police Department/Fire Department (see map). Everything must be removed from the staging area by the end of the day. ■ Participants are to gather in the staging area. ■ Vendors to be in staging area on black top. ■ Participants are not to block the main City Hall complex entrance near Officer Besser's tree. ■ Participants are not to block the Police or Fire entrances. ■ Participants are not to park in the Library parking lot. Participants may park in the City Hall complex parking lot or on Orono Parkway. ■ The city will provide orange cones to block off the staging area. 5. Portable toilets will be allowed behind city hall near the trail/lake but must not block the trail and must be removed the day of the event. 6. Applicant shall be responsible for garbage clean-up immediately following the race. Applicant may bring in additional trash receptacles to the park and city hall campus but they must be removed no later than Monday morning. 7. No paint allowed anywhere on trails. Chalk or cones may be used. 4.4. Tobacco Related Products License to Elk River Vape Shop Inc., 13493 Business Center Drive,valid through December 31, 2016, with the following condition: ■ No smoking shall be allowed in the Elk River Vape Shop unless city staff verifies the ventilation requirements outlined in the city code have been met. 4.5. Approve Additional Professional Service Fee Requests for additional engineering services as outlined in the staff report for the following amounts: ■ 2015 Street Improvements - $20,233 ■ Eastern Area Trail and Mobility Improvements - $3,677 4.6. Cost Share Agreement between the City of Elk River and County of Sherburne for Election hardware, Software, and Related Services as outlined in the staff report. Motion carried 5-0. S. Open Forum Troy Bondy,Area Director at Timber Bay,introduced himself and the organization and distributed information regarding the Timber Bay mission,program, and camp offerings. UREJ City Council Minutes Page 4 April 4,2016 ----------------------------- 6.1 Volunteer Recognition Day Mayor Dietz announced that April 5, 2016,was Mayor and County Recognition Day for National Service. He wished to publically acknowledge and thank all volunteers working in Elk River for giving their time and service, noting without them,the city would not have achieved everything they have without the work of volunteers. 7.1. Paxmar- Miske Meadows ■ Conditional Use Permit to Establish Planned Unit Development ■ Preliminary Plat for Miske Meadows Mr. Carlton presented the staff report. He requested the Council open and continue the public hearing for the Conditional Use Permit and Preliminary Plat to May 2, 2016. Mayor Dietz opened the public hearing. There was no one present to speak to this item. Moved by Councilmember Wagner and seconded by Councilmember Olsen to continue the public hearing for Paxmar's request for a Conditional Use Permit and Preliminary Plat for Miske Meadows to May 2, 2016. Motion carried 5-0. 8.1. Multipurpose Community Center Progress Update Adam Barnett with JLG Architects representing the design team working with the steering committee for a multipurpose community center feasibility study provided an update with a PowerPoint. He outlined the results from weekly steering committee meetings for potential site layouts and current building remodel options for a multipurpose community center. He indicated the next steps are developing the design of the new facility and finalize financial models for the options presented, along with generating a report of estimated operating and maintenance costs for each site including utilities and staff. Mayor Dietz asked questions regarding the site location near Hales Field and if the school district has been contacted regarding field displacement. Mr. Barnett indicated the school district has not been contacted yet as the site location is still undetermined but costs regarding replacement would be included in the overall budget cost. Mayor Dietz asked about the soil conditions at Lions Park Center. Mr. Barnett indicated they used soil data taken previously at Lions Park Center and based on that information, they recognize the costs would be higher to build there. POWERED 9r UREJ City Council Minutes Page 5 April 4,2016 ----------------------------- Mayor Dietz asked if the playground would be affected by the site being located at Lake Orono. Mr. Barnett stated the playground at Lake Orono would not be affected but the four softball fields would be affected. Mayor Dietz indicated a business came forward to propose building a banquet facility and if that becomes a reality,it may change the outcome and focus of this project. Mr. Barnett indicated the steering committed discussed this possibility, noting the proposal brought forth from this business owner would seat up to 200 people. He stated the city's project would likely accommodate up to 400 people,providing a different scope and target audience for larger events such as conventions and weddings. Councilmember Wagner stated the steering committee was not ready to make any recommendation for a site or a remodel of a current site, noting the information presented tonight was conceptual. She asked when considering a site that consideration be given to its impact on boosting economic development in Elk River. She asked to consider if the proposed location would revitalize an area or bring in more development to the community, or would a banquet facility bring others into the community and find profit off its potential. 8.2. Resolution for Findings of Fact — Interim Use Permit Request by The Briggs Companies Mr. Carlton presented the staff report. Moved by Councilmember Burandt and seconded by Councilmember Westgaard to approve Resolution #16-20 approving the request for a three year interim use permit allowing operation of an extended stay hotel on the property located at 17432 Zane Street NW with the following conditions: 1. The applicant shall cooperate with, and not object to, a city initiated rezoning of the property from C-3 Highway Commercial to R-4 Multiple Family Residential (or similar) which will bring the zoning of the property into consistency with the land use designation of the property as identified in the City of Elk River Comprehensive Plan. 2. The Applicant shall, by May 4, 2016, apply to the city for a rental license for the property and shall promptly complete all necessary repairs and other requirements for issuance of a rental license. This IUP shall expire, by its terms, if a rental license is not in place for the property on July 5, 2016. The rental license shall be maintained continually during the duration of the IUP. UREJ City Council Minutes Page 6 April 4,2016 ----------------------------- 3. The applicant shall, by April 4, 2017, submit a complete application for all approvals required to convert the property to a multi-family use allowed in the R-4 (or similar) zoning district. This IUP shall expire, by its terms, if such a complete application is not received by April 4, 2017. 4. The applicant shall, by April 4, 2019, complete all improvements necessary to use the property for a use allowed in the zoning district and shall have been issued a certificate of occupancy for a use allowed in the R-4 (or similar) district by April 4, 2019. 5. This Interim Use Permit is good for three years and, if it is still in effect on April 4, 2019, shall expire on that date without any further action of the city. 6. The front desk shall be staffed Monday through Friday from gam to 4pm. 7. Outside storage is not permitted. 8. The Interim Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before any construction may begin. 9. The property shall meet all current fire, building, and international property maintenance codes. 10. The property must be licensed by all appropriate state and local agencies for the duration of the Interim Use Permit. This Interim Use Permit shall also expire,without any further action by the city, if the use authorized here in ceases for more than six months. Motion carried 5-0. 8.3. Quiet Zone Project Update and Plan Approval Mr. Femrite presented the staff report. He requested direction from the council on installing supplemental safety measures (SSMs) at County State Aid Highway (CSAR) 1 or continuing with the previous option of installing wayside horns. The options presented for SSMs at this intersection included installation of a 4-quad gate system or the widening of the roadway and construction of a raised median. Mr. Femrite indicated he had a positive meeting with the property owners who would be most affected if widening the roadway and constructing raised medians were to be selected. He requested property assessed values from the county and should receive those later in the week and would contact the other affected property owners. Mayor Dietz asked if the county wanted to make improvements this year and if so was there an urgency to get this completed. Mr. Femrite indicated the modifications of this roadway,which would include road widening work and resurfacing,were estimated to be completed by 2018. He discussed the Highway 10 bridge project taking place in 2017,which will add additional construction traffic in this area. He stated based upon the work already P 0 W I R I D 9 Y otmaA UREJ City Council Minutes Page 7 April 4,2016 ----------------------------- taking place at some of the peripheral crossings he would approach BNSF and request a partial quiet zone status when those locations are completed. Mayor Dietz asked about the financing options to Mr. Simon,who reviewed the 10- year and 4-year note options. Mayor Dietz asked when he needed the council to make a decision. Mr. Femrite indicated a decision sooner than later would be best. He stated he could set into motion what needs to be requested specifically from BNSF so the appropriate agreements be drafted. He asked the council if they would like the SSMs to be considered on CSAH 1. Mayor Dietz and Councilmember Wagner asked for clarification on the 4-quad gate system,which Mr. Femrite provided. Councilmember Westgaard stated the 4-quad gate system ensures a better safety than wayside horn and an incremental step for a safer intersection and believes it would be less expensive than originally proposed. Mr. Femrite agreed, stating he is comfortable saying the cost for SSM installation at the CSAH 1 crossing would be under $1 million dollars. Councilmember Westgaard stated his preference would be to provide the same precautions on CSAH 1 as the six other city crossings, noting vehicles and pedestrians make this a heavily traveled intersection. He stated he supports adding a SSM to a city-wide quiet zone. Councilmember Burandt stated she agreed with Councilmember Westgaard. Mayor Dietz indicated he was nervous if an accident were to occur at the heavily traveled CSAH 1 intersection if there was only a wayside horn and not an additional 4-quad gate system or a raised median installed. He stated that Federal Rail could take away the city's quiet zone designation. He noted the benefit of having the funds from the State of Minnesota pay for the 4-quad gate system at Main Street and Jackson Street and because of those cost savings,it did not make sense to him to take a cheaper route and assume nothing else would happen in the future. He supports the supplemental safety measures on CSAH 1. Direction was given to pursue a SSM for the CSAH 1 crossing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Grade Crossing Signal Installation Agreement between the city and BNSF Railway Company for improvements at Main Street and Jackson Street as outlined in the staff report. Motion carried 5-0. UREJ City Council Minutes Page 8 April 4,2016 ----------------------------- 8.4. Rivers Edge Commons Park Expansion Bids Mr. Hecker presented the staff report and presented a PowerPoint. HKGi representative Paul Paige was available to answer questions. Councilmember Westgaard asked for clarification if the alley would remain next to Sunshine Depot. He also stated he did not think there would be any loss of parking spots. Mr. Hecker indicated the alley would remain, allowing traffic into the back lot behind Sunshine Depot. He stated the concept plans were not able to specifically determine how many parking spots would be lost,and although they are losing five, two parking spots would be added on the other side of the lot, as indicated in the parking lot study. Councilmember Westgaard explained that the engineers estimate for this project was $428,700 and with planning and design fees spent, $382,000 remains for this park expansion and asked what could be constructed for that amount. He stated he was trying to understand what pieces and parts of what was already submitted and he was trying to follow Mr. Paige stated the scope of the project changed during the construction meetings and staff determined the west staircase would be an important park expansion piece to include,which would greatly assist pedestrian movement in the park. Mr. Paige suggested asking for two sets of alternative bids; a price on the west staircase as an alternate bid, and a price for future electrical and lighting components. He indicated they received figures that are more competitive by bidding it the way they did, and stated the base bid did include the west staircase plaza. Also,Mr. Paige was concerned with the $82,000 figure received for a set of lighted handrails and found the apparent low bidder had checked with one handrail supplier; therefore,he felt they could exclude that item from the original bid and find on their own a more competitive price for handrails. Councilmember Westgaard asked why the city would purchase the stone versus including it in the contract. Mr. Paige stated in his experience there could be concerns when trying to match items like stone and because they had a good relationship with their stone supplier, they would provide the same type of stone as they provided the stone when the park was originally constructed. The supplier would refine the steps and provide a flatter surface to the tops of the stones, as they will be cut top and bottom. The new stones will be placed in the center of the park, reusing the older stones to the east and west of the park,providing a more rustic look on the ends but more refined for seating in the center of the park. Councilmember Westgaard asked Mr. Simon about the differences in fund allocations. UREJ City Council Minutes Page 9 April 4,2016 ----------------------------- Mr. Simon explained the original allocation was based upon HKGi's estimates and now the amounts are based upon the bids that came in as they relate to the work. Councilmember Burandt expressed her concerns with the expansion's effect on the church parking spaces and asked questions about the parking lot and space relocation, and Mr. Paige clarified the parking changes. Councilmember Wagner and Westgaard asked for clarification on what was included in each line item and where the additional funds will be coming from. Mr. Hecker and Mr. Paige outlined the base bid amounts,Alternate 1 and Alternate 2 amounts. Mr. Simon explained the internal loan funding. Mayor Dietz stated he was in favor of approving the base bid amount plus Alternate 1 and felt Alternate 2 was less important, stating the stairway and upper plaza were important items. Councilmember Westgaard asked what the staff and commission felt was their priority and asked if the electrical work could be added in the future. Mr. Hecker indicated staff felt the priority was in favor of the base bid and Alternate 1. Mr. Paige indicated for a minor amount that you could add conduit costs to allow for future work. Councilmember Westgaard asked how long the contractor's bid amount number is valid and would that violate state statute. Counselor Beck indicated it would be problematical if the council did not act on the bids at this time but indicated by not accepting the alternative bids wouldn't preclude them from moving ahead with this or any other contractor. Councilmember Westgaard stated his preference would be to proceed with base bid and Alternate 1. He stated it would be an injustice to the project not to include the west stairway and other amenities that are provided by Alternative 1. Councilmember Wagner indicated she would like to stick to their budgeted number by possibly eliminating the upper plaza work but still include a simple green space to allow for more use during the year and not just during the concerts as well as retain parking spaces. Mr. Paige felt leaving the area a green space may cause safety concerns due to the slope but stated not including the upper plaza would take away from the original park experience,which provided a popular overlook. He indicated it could be done and would like to receive council direction on how to proceed if they did want the upper plaza work removed. He stated a large cost is the ornamental railing. UREJ City Council Minutes Page 10 April 4,2016 ----------------------------- Councilmember Wagner stated at one point it was discussed the electrical boxes be removed and asked is there would be a disruption to the downtown businesses. Mr. Hecker stated there would not be any disruptions to the downtown businesses and Elk River Municipal Utilities has already done some work with electrical boxes. Councilmember Wagner asked about general construction traffic. Mr. Paige does not anticipate any affect to the downtown businesses other than general construction . Moved by Councilmember Olsen and seconded by Mayor Dietz to award the contract of the Rivers Edge Commons Park Expansion to Sunram Construction Inc. for the base bid amount of$255,610 and authorize staff to purchase stone for $50,000 for a total amount of$305,610 as outlined in the staff report. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Mayor Dietz to accept Alternate 1,which includes the addition of the west staircase and upper plaza for the contract amount of$46,244 and an additional $35,000 to purchase handrail and an 8% contingency for a total project cost of$87,744 as outlined in the staff report. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Burandt to reject Alternate 2, which includes the addition of site and parking lot lighting, wifi and other electrical upgrades, for the contract amount of$75,345 and an 8% contingency for a total project cost of$81,373. Motion carried 5-0. 8.5. Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Burandt asked if there was a street sign program for posting animal crossing signs. Mr. Portner stated he would check with staff and provide an update to the council. 8.6. Pinewood Golf Course Litigation Tom Scott, the attorney appointed by the LMC Insurance Trust and representing the city in regards to Pinewood Golf Course,provided a proposed stipulation of p 0 W I R I D 0Y NREI ATU City Council Minutes Page 11 April 4,2016 ----------------------------- settlement and a letter from him outlining the details of this case to the Council. He indicated the matter was scheduled for trial on the following day. In anticipation of trial,Mr. Scott stated he met with it the Council and as a result of those closed meeting discussions, he was directed to initiate settlement discussions with the Krause's, the result of which was before them this evening. He indicated the proposed stipulation of settlement outlines the city paying$1,550,000 to the Krause's,paying off the contract for deed and conveying the warranty deed, and the dismissal of the lawsuit. He indicated this would place the city in the same position as they were in when the lawsuit was filed in 2013, and if the case were to go to trial, the city would face a potential judgment in an amount between$1.2 million and $1.5 million. This would include the possibility of the contract for deed being cancelled and the property being returned to the Krause's. Mr. Scott indicated a Minnesota Court of Appeals could throw the judgment out but the city would still lose the money. He recommended the Council approve the settlement. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Pinewood Golf Course stipulation settlement as presented in the handouts. Motion carried 5-0. Mayor Dietz stated the city was currently in litigation in a separate but related matter and the city is anticipating receiving a settlement from that litigation. He stated the council has not had discussions with regard to the future of the Pinewood property. 10. Council Liaison Updates The Council provided updates of the work of the various boards/commissions. The council adjourned to work session at 8:35 p.m. and the meeting reopened at 8:40 p.m. 9.1 Dock at Rivers Edge Commons Park Mr. Portner presented the staff report. Annie Deckert representing the Decklan Group, and Fred McCoy representing McCoy's Pub,presented a PowerPoint proposing a portable floating dock manufactured by MINNCOR placed on the Mississippi River in conjunction with the improvements this fall to the Rivers Edge Commons Park. He indicated they would like to have the city install a 6' square pedestal that would go over the river, and some aluminum steps that would go down to the dock. He suggested the approximately cost of$25,000 for the dock be split between private fundraising and the city. He indicated both Chris Carlson of Sportech, the Decklan Group, and the Downtown River's Edge Business Association favors the idea, as well as the DNR Hydrologist Roger Stradal,who visited the area and identified the site as ideal for a dock and supported the increased access opportunities to the river. POWERED 9r UREJ City Council Minutes Page 12 April 4,2016 ----------------------------- Mr. McCoy provided the benefits of adding a dock to the area, stating they felt it would increase recreational opportunities,public access, and benefit the downtown businesses by providing the residents and visitors alike to enjoy the river and downtown. Ms. Deckert provided comments that were received on the Downtown Elk River Facebook page with people voicing their support for the dock. Discussion was held regarding the total cost of the entire project,which included initial preparation and grading of the land, shrub and tree removal to provide river access, and the actual platform landing. DNR permits may be required, and the council asked for the costs of staff time installing and removing the dock each year, annual maintenance,upkeep and storage of the dock, and where these funds would be obtained. Mayor Dietz and Councilmember Westgaard indicated they wouldn't be opposed to allowing some staff time to look into their proposal but stressed the concern with how much staff time is required and what would the city's liability to adding this to the park, as well as where the funds would need to suddenly appear. It was the consensus of the council to allow staff to work with the Downtown Group to answer these questions and provide input. Mr. Portner indicated he could identify which staff would be able to assist. Ms. Deckert indicated they have identified funds sources such as grants and donations to help cover the cost of this project but the struggle is the land in question is owned by the city and would like to receive consensus of the council to allow them the opportunity to apply for these fund sources. II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:20 p.m. Minutes prepared by Jennifer Johnson. John J. Dietz,Mayor Tina Allard, City Clerk UREJ VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, April 18, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Fire Chief T.John Cunningham,Park Planner Chris Leeseberg, Planning Manager Zack Carlton,Parks and Recreation Director Michael Hecker, Economic Development Director Amanda Othoudt, Recreation Manager Steve Benoit, Street Superintendent Mark Thompson, City Attorney Peter Beck, Environmental Technician Kristin Mroz, Park Maintenance Superintendent Tim Sevick, Building Official Bob Ruprecht, and City Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereof, the meetin of the Elk River City Council was called to order at 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegi, ce The Pledge... Allegiance was recrted. '`: 3. Consider 4/18/16 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the April 18, 2016, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 April 11, 2016, Board of Appeal Minutes. 4.2 Check register, check numbers 96511-96688 as outlined in the staff report. 4.4 Pay estimates as outlined in the staff report. 4.4 Special event permit to Salk Middle School for a 5K walk/run scheduled for Saturday, May 7, 2016, subject to the following conditions: 1. The event planner is required to notify property owners abutting the route. The city will provide a template of the notice that must be distributed. The city will also provide a list of the property City Council Minutes Page 2 April 18,2016 ----------------------------- owners who must be notified. Event planner must submit an affidavit that the notice was distributed. 2. Walkers/runners are to utilize sidewalks, trail systems, or road shoulders throughout the entire route. No road closures will be permitted. It is each runner's responsibility to ensure the streets and intersections are safe prior to crossing. 3. Applicant shall be responsible for garbage clean-up immediately following the event. 4. No paint allowed anywhere on trails. Chalk or cones may be used. 5. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least three weeks prior to event to arrange for police services. 4.5 Peddler license to Faysal Hasan, Blaine/Anoka Ice Cream truck valid through December 31, 2016. 4.6 Set Special meetings of the Canvassing Board for Primary Election, Friday,August 12, 2016, at 8:00 a.m. and General Election: Monday, November 14, 2016, at 8:00 a.m. 4.7 Transient merchant license for Allen Pantelis to sell kites, ground spinners, wood carvings, etc., from the parking lot of Wash-n-Fill, 18296 Zane Street NW, weekends May through September, subject to the following conditions: 1. One 24-square foot sign shall be allowed.A temporary sign permit must be obtained prior to display of the sign. Contact the Planning Department at 763.635.1000. 2. The merchandise displayed shall not occupy more than 100 square feet [Section 38-414 (6)]. 3. Applicant must remain on the asphalt surface and no product shall be displayed in the grassy areas. 4. No electrical services shall be across any drive or waking surface. 5. If traffic becomes a problem around the temporary site, the sales area shall be delineated with a barrier to restrict traffic. 6. The area shall be maintained free of debris and kept in an orderly condition. 7. Trailer shall be no larger than 8x12. 8. No signage may be posted on the trailer. 9. Trailer to be parked overnight as shown on the site plan. Overnight parking is limited to Friday through Sunday of the sales weekends. 4.8 Reaffirm Resolution 13-34 electing not to waive the statutory tort limits for liability insurance. 4.9 Financial Policies Update as outlined in the staff report. 4.10 Planned Unit Development and Development Agreements for Heritage Maples Senior Living. Motion carried 5-0. S. Open Forum UREJ City Council Minutes Page 3 April 18,2016 ----------------------------- 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 April Volunteer of the Month Marilyn Bina. He noted the following volunteering accomplishments: ■ Chamber of Commerce Board of Directors ■ Holy Trinity Church Council ■ Marketing for Holy Trinity Church ■ Time for CAER ■ Open doors for youth ■ Guardian Angels Board of Director ■ Guardian Angels Gala Committee member 6.2 Ambassador Program Coronations Mr. Portner presented the staff report. Elizabeth Lies,Ambassador,discussed the program's mission and purpose and noted this is the first coronation. The winning candidates spoke about their experiences, their likes, and school. Mayor Dietz crowned the 2016 royalty and Council presented certificates and sashes. 6.3 Oath of Office - Firefighters Fire Chief Cunningham presented the staff report. He discussed the first graduating class of recruits and the time commitment required for the academy. Mayor Dietz performed the Oath of Office to the following on-call firefighters: ■ Trent Collins ■ Michael Kaden ■ Michael Kelleher ■ Philip Luitjens ■ Justin Ryti ■ Anthony Seibert ■ Kenneth Tietz Family members pinned firefighters with their badges. Kecognition of Finance Director Tim Simon UREJ City Council Minutes Page 4 April 18,2016 ----------------------------- Chief Cunningham recognized Mr. Simon for his work with the Fire Relief Association. He thanked Tim for his assistance throughout the years and presented a plaque on behalf of the association. Mayor Dietz stated people don't realize the work Tim put into his job as finance director. He did a tremendous job at giving Council advice. He stated Tim is a very nice person and great with citizen. He stated he would like to convince him to stay but Tim is expanding his career and will be leaving big shoes to fill. Councilmember Westgaard agreed and stated it was a pleasure to work with Tim and he will be missed. Councilmember Burandt stated Tim can explain money issues in an easy to understand manner for everyone and she wished him well. Councilmember Wagner stated she doesn't know how she could've gotten through her first year as Councilmember without Tim. She commented on his integrity and wished him the best. Councilmember Olsen stated Tim was a great help in helping him to learn about city finances and was very helpful with resident's questions. Mr. Simon stated he is surprised and felt Elk River is a great place to work. He stated the Finance Department is in great shape,it has been fun working here, and he further thanked all the staff. 6.4 Introduction of New Employee: Planner BrieAnna Simon Mr. Carlton introduced BrieAnna to the Council. He discussed her background and what her current work would entail. Ms. Simon thanked Council for the opportunity to work at the city. Council welcomed Ms. Simon. 7.1. Kristin Pearo, 14239 190" Avenue, Conditional Use Permit for Private Kennel Mr. 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 Conditional Use Permit, Case No. CU 16-08 for a private kennel with the following conditions: POWERED 0Y UREJ City Council Minutes Page 5 April 18,2016 ----------------------------- 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been 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 private kennel shall be limited to five (5) animals over the age of 6 months. Additional animals will require an amendment to the Conditional Use Permit. 7. Animal waste, on or off site, shall be disposed of per City Ordinance Section 10-9. 8. The applicant shall receive a private kennel license from the city. 9. All animals must be licensed and vaccinated. 10. No dogs shall be allowed to run at large as outlined in Section 10-2. 11. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 12. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 13. No dogs designated as dangerous or potentially dangerous are allowed to be kept at the kennel and keeping of a dangerous or potentially dangerous dog shall be grounds for revocation. Motion carried 5-0. 7.2 Rick Haugland, 21475 Highway 169 Rezone Property from CRT (Commercial Reserve Transition) to C3 (Highway Commercial) Conditional Use Permit for Auto Body Repair Facility Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing for both the rezoning and the conditional use permit. There being no one to speak to these issues,Mayor Dietz closed the public hearing. Councilmember Westgaard questioned if the applicant is aware of the legal non- conforming use and how it can cease to exist and the 13 conditions outlined in the report. The applicant indicated yes. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-06 amending the City of Elk River Zoning Map p 0 W I R I D 0Y NREI ATU City Council Minutes Page 6 April 18,2016 ----------------------------- to rezone certain property from Commercial Reserve Transition (CRT) to Highway Commercial (C3). Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU 16-09 with the following conditions: 1. The CUP shall not be recorded until all applicable conditions have been 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 building shall be inspected by the city's Building Official and Fire Marshal to verify compliance with all building and fire codes. 7. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 8. The outdoor parking area shall be completely enclosed with a six foot tall privacy fence. Chain link fencing with vinyl slats are not permitted. 9. All operations must occur within the 2,407 square foot building. There shall be no repair or maintenance of vehicles outside of the building. 10. All comments in the Environmental Memo dated 3-11-16 shall be considered. 11. All comments in the Engineering Division memo dated March 15, 2016 shall be addressed. 12. All comments in the Minnesota Department of Transportation District 3 memo dated March 15, 2016, shall be addressed. 13. Car, truck, RV, and marine sales shall not be allowed. Motion carried 5-0. 7.3 ER Crossing Properties, LLC - 18200 Zane Street NW, Ordinance Amendment to Allow Additional Menu Board Signs in Drive-thru Lanes Mr. Leeseberg presented the staff report. He discussed the language proposed by the applicant and the difference in the proposed language suggested by staff. NATURE City Council Minutes Page 7 April 18,2016 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-07 amending Sections, 30-869 (b), C-1 central business district; 30-871 (b), C-3 highway commercial district; 30-1584 (e), MU-ERP mixed use Elk River Plaza district; 30-880 (b), XCR extreme commercial recreation district. Motion carried 5-0. 7.4 Meadows of Elk River Second Addition Resolution for Final Plat Resolution for Easement Vacation Mr. Leeseberg presented the staff report. He discussed the revised plat. Mayor Dietz opened the public hearing for both the final plat and the easement vacation. There being no one to speak to these issues,Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 16-21 granting final plat for Elk River Crossing, LLC. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Burandt to adopt Resolution 16-22 vacating an easement for Elk River Crossing, LLC. Motion carried 5-0. 7.5 Conditional Use Permit to Establish Planned Unit Development for Multi-use Building, Modern Construction, Lot 4, Block I, Mississippi Ridge 2nd Addition Mr. Carlton stated the applicant withdrew his application. No action was needed. 7.6 City of Elk River Ordinance Amendment Relating to Solar Energy Ms. Mroz presented the staff report. She reviewed the ordinance as noted in her presentation. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz questioned how the relationship would work between Elk River Municipal Utilities (ERMU) and the city. Ms. Mroz stated staff is still working on the process and will be collaborating with ERMU. NATUREI City Council Minutes Page 8 April 18,2016 ----------------------------- Councilmember Westgaard questioned how this ordinance would work in the C3 District where the city requires screening of rooftop mechanicals and could create issues with setback requirements. Ms. Mroz stated no setback requirements were changed and will still be required to be met but an applicant could apply for a variance. Councilmember Wagner concurred with Councilmember Westgaard's comments. Ms. Mroz stated, as Energy City,this is something the city should want to promote and not hide. She stated the ordinance, as currently written,doesn't address this matter either way. Attorney Beck, stated,as the ordinance is written,the screening requirements would apply and this is currently the best way to handle the installations. He further stated the city could look at the commercial setback requirements on a case-by-case basis through the variance process. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-08 amending Section, 30-01, Definitions, and Adding Section 30-805, Solar Energy Systems. Motion carried 5-0. 7.7 Die Concepts Microloan Ms. Othoudt presented the staff report. Mayor Dietz opened the public hearing for both the microloan application and the jobs incentive microloan and blighted properties forgivable loan. There being no one to speak to these issues,Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 16-23 approving loan agreement for Die Concepts Project. Motion carried 5-0. (EDA) Moved by Councilmember Burandt and seconded by Councilmember Westgaard to adopt Resolution 16-24 approving loan agreement for Die Concepts Project. Motion carried 5-0. (HRA) 8.1 Boys & Girls Club of Elk River Commercial Real Estate Loan Support Request Mr. Portner presented the staff report. He stated staff supports the resolution. Mayor Dietz questioned the city's liability if there is a default in payments. Mr. Portner stated there may be some exposure if there is a default on the initial loan but not on this request. POWERED 9r UREJ City Council Minutes Page 9 April 18,2016 ----------------------------- Attorneys Beck affirmed there would be no additional exposure. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to adopt Resolution 16-25 consenting to a commercial real estate loan by the Boys & Girls Club of Elk River. Motion carried 5-0. 8.2 Resolution for the Reconveyance of Forfeited Lands to the State of MN by City of Elk River Mr. Leeseberg presented the staff report. It was noted the city should continue to maintain the property until it is sold. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 16-26 to reconvey a parcel to the State of Minnesota Motion carried 5-0. 8.3 Houlton Preserve Hunting Plan Mr. Hecker presented the staff report. He noted staff is requesting to remove the action regarding the hours as he'd like to take it back to the planning committee for further discussion. Moved by Councilmember Olsen and seconded by Councilmember Burandt to adopt Ordinance 16-09 amending Chapter 50, Article IV, Division 2, to add new Section 50-119 establishing hunting regulations within the William H. Houlton Conservation Area. Motion carried 5-0. 8.4 Farm Lease Agreement for Houlton Preserve Mr. Hecker presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve an agricultural lease agreement with Shearman Lehn to allow for continued agricultural purposes on the William H. Houlton Conservation Area. Motion carried 5-0. ------------------------------------- Open Forum Pete Kimball, 14357 190`h Lane— Stated many in the audience were late, due to a misunderstanding in the meeting start time, and a representative of the group would Eke to speak at Open Forum regarding Pinewood Golf Course. p 0 W I R 1 9 ® Y NATURE City Council Minutes Page 10 April 18,2016 ----------------------------- Faye Huselid, 14099 182nd Avenue-Discussed a sense of community as it relates to Pinewood. She apologized to Council for previous behavior. She expressed concerns with the development of Pinewood and taking away the shared spaces/community. She noted many retired people use Pinewood. She further stated she understands improvements are needed, clientele has been lost, and golf numbers have gone down. She stated the course is good for kids. She questioned what the Council needs from them and further stated they are willing to help out. Council recessed at 7:34 p.m. in order to go into work session. Council reconvened at 7:35 p.m. 9.1 Planning Commission Interview The Council interviewed Mr. Feinstein. Moved by Councilmember Burandt and seconded by Councilmember Olsen to appoint Alexander Feinstein to the Planning Commission with a term expiration of February 28, 2017. Motion carried 5-0. 9.2 Hillside Mountain Bike Park Plan Mr. Hecker presented the staff report. He gave a presentation about mountain biking and discussed volunteer hours and fees. Mayor Dietz stated he was surprised that the majority of people who utilized Hillside were non-residents. He stated he didn't realize what an expert course it is and why people were drawn to it. He stated the park should be developed for all skill levels and local residents should want to use it too. He stated the city needs to do what is best for a majority of its own citizens. Councilmember Westgaard questioned why there were discussions about not keeping Hillside as a park. Mr. Hecker stated staff and the Parks and Recreation Commission did include it as an option due to the many hours needed to sustain the park based on maintenance records. Parks Commissioner Dave Anderson stated the current trail was designed prior to today's standards for trail design. The Commission considered all options but felt it should stay as a mountain biking park. Councilmember Wagner stated the Parks Commission liked that the trails could be sustainable because it was important to try and cut down hours and to have the park serve a multi-use function for many skill levels and for hikers. She further stated she doesn't have issue with users from out of town because they would visit some the city's businesses. She stated the Commission has learned there is a high school mountain biking team coach,which they didn't know existed and could be a possible P 0 W I R I U 9 Y otmaA UREJ City Council Minutes Page 11 April 18,2016 ----------------------------- partnership. She stated they've had discussions with the coach and he felt it was a great idea to keep the trail and use it for meets. She stated they offered to help maintain the park. Matt Andrews,Minnesota Off-Road Cyclists (MORC) representative—Stated MORC is a non-profit group and one of the first chapters of a larger association, whose focus is sustainable trail design. He stated their organization does well with partnering with land managers and assisting with volunteer coordination. Jay Thompson,MORC representative—Stated Hillside is one of the oldest trails that was most likely designed before sustainable trails were developed. There was discussion on the best way to develop sustainable trails utilizing volunteers and contractors and how best to phase the project. Councilmember Westgaard again questioned why there was an option on the table to consider removing Hillside from park status. Mr. Portner stated all options needed to be considered in order to determine what was best for the city and the park. He stated the park would have needed a lot of manpower to maintain it at its current level and new relationships would need to be established. He stated they didn't know about sustainable trail design. Councilmember Westgaard stated he likes the connection with MORC and they have the knowledge and great ideas. He suggested the Parks and Recreation Commission put together the following: ■ Vision ■ Long-term plan ■ Budget to implement and maintain sustainable trails ■ How volunteer hours will work ■ What does it mean to manage the forest Mayor Dietz stated he'd like to see a formal agreement with MORC. Councilmember Westgaard concurred. Mayor Dietz questioned the current status of the park. Mr. Hecker stated it will remain open with the current volunteer assistance. Tim Sevick stated current volunteers have been very proactive and have the experience to maintain the trails. He stated it can be maintained safely for now. Councilmember Westgaard suggested staff reach out to the Elk River groups who said they were willing to help. POWERED 9r UREJ City Council Minutes Page 12 April 18,2016 ----------------------------- Consensus of the Council was to proceed with the current planning and bring back more formal agreements on a regular agenda. Mayor Dietz stated he appreciated MORC's assistance and thanked the group for coming to the meeting. 9.3 United States Post Office Site Mr. Carlton presented the staff report. Council discussed transportation, site access, and wanted the applicant to be aware of some possible road realignments in the area. They discussed the type of employment this project could bring. Council stated they were in support of the project moving forward. 9.4 Reflective Stop Signs Mr. Thompson presented the staff report. Mayor Dietz liked the reflective panels and how well they worked at night and felt it was a good plan to implement them in certain areas. No Parking Signs Mr. Thompson discussed the school district's request for No Parking signs due to bus access issues. Council consensus was to approve the signage requested. 9.5 Rental Dwelling Ordinance Chief Cunningham presented the staff report. Attorney Beck stated the ordinance was reviewed by legal. Mr. Portner noted, as rentals increase in the community,it is important to maintain the minimum housing standards; noting in the long-term when housing is kept in good repair,it's quicker to get the house back on the market and sold. Attorney Beck stated a public hearing is not required but suggested it come back under General Business in order to give landlords a chance to review it. 9.6 Pinewood Golf Course Mr. Portner presented the staff report. He stated if Pinewood is kept it should have a vision or master plan similar to Hillside as noted earlier in the meeting. He stated the UREJ City Council Minutes Page 13 April 18,2016 ----------------------------- Council should consider the needs of all taxpayers or a professional study completed. He discussed subsidizing the course and options Council could consider. Mayor Dietz stated his choice would be to sell Pinewood,but to someone who would maintain it as a golf course. He stated the city should not be in the golf course business. He stated he is aware of someone with an interest in it. He said he is not in favor of operating the course as it was operated in past. He is concerned for continued financial losses. He indicated he would consider leasing it. Mayor Dietz stated his least favorite option would be housing. He stated if the course was to a developer,the city could designate how many homes would be built. He stated if the city wanted the highest and best use of the land it should sell for housing. He suggested staff research all options and the value to the city in various ways. He noted the land could be considered for a community center site. Councilmember Olsen stated he is not in favor of the city operating a golf course and Elk River Country Club may have an interest in running it. He stated the Country Club is pleased with the current condition of the course. He suggested trying a two-year agreement. Mayor Dietz noted the city would need to go through a request for proposal process. He stated if there is a lease, the contract would need to state that the city is actively marketing the course and the lease discontinues when the land is sold. Councilmember Wagner concurred with the Mayor's comments. She suggested a volunteer group may want to take over running the course. She suggested,in the interim having the course operational this summer,incorporating the big cups. She questioned the city's level of subsidy. Councilmember Olsen stated the course would help provides seasonal employment for younger kids. Councilmember Burandt expressed concerns with selling Pinewood as a golf course because the owner may want to sell it at a later date as something different. She stated the main priority of the city should be maintaining Pinewood as a golf course she stated if it is not working revenue wise the city could consider other options. She noted there are a lot of people hoping it stays a golf course. Mr. Portner noted if Pinewood sold as a golf course there could be a contract provision stating it remains a course for a certain number of years but the cost of the course could be impacted. Councilmember Wagner stated she disagreed with the speaker about their being a lack of a sense of community in Elk River because there is no Pinewood and noted some other examples. She stated she would love to see the course open this summer but she knows there is a lot more work needed to figure out. She questioned what POWERED 9r UREJ City Council Minutes Page 14 April 18,2016 ----------------------------- the dollar amount would be that the Council would feel comfortable with spending to maintain a course. She stressed the need for very heavy volunteer commitment. Councilmember Olsen expressed concerns with debating what to do with the course all summer. He noted the show of people at open forum expressing (by being at the meeting) they wanted a golf course. He suggested a reasonable short-term contract to get the course operational quickly. He stated this would serve two purposes: elevate the course in terms of what the city can receive for it and we might be able to get on board for part of the summer. Mayor Dietz stated the course can't be open in 60 days because the city needs to establish a plan,take time to work out lease language, and put together a request for proposal if it decided to go the lease route. Councilmember Westgaard questioned the involvement of the parks and recreation commission. Mr. Portner noted the course operated as a special revenue fund and the commission was not consulted at the time the course was purchased. He stated the commission typically doesn't get involved with special revenue funds, noting the arena and activity center. Councilmember Westgaard stated he agrees in that there is a lot of information needed and more work sessions to review all options and the ultimate vision. He stated it would be foolish to think they can operate the course as it had been operated in the past. He stated there were not enough rounds of golf played to justify the money spent to maintain the course without the capital investment. He stated if there are options for a company to take over of maintenance and operation with minimal capital planned it would provide an amenity to a certain percentage of the taxpayers of the city. He noted there are the same 40 to 50 people who want Pinewood to remain open but this is a large ticket item for supporting only 40-50 people. He questioned if staff could pull statistics regarding rounds played. Council agreed more research on all options is needed and asked staff to bring back recommendations. Barb Olsen, 18264 Kent Street - Stated Council keeps discussing past issues but have not discussed what they could make of the golf course today. She stated parents spend money on taking their kids to camps and suggested turning the course into a teaching center. She noted the fees for the course were very low. She expressed concerns with development of the course. Stated city-owned courses are for a different type of people than you have at a private business course. She stated she won't play at other courses because she can't play at that skill level. UREJ City Council Minutes Page 15 April 18,2016 ----------------------------- Mayor Dietz noted the city did have classes at the course in the past. He noted the Council will be considering all options. Councilmember Wagner noted the Council has thrown out many ideas; more than selling it as a housing development. She stated it would be great to keep Pinewood as a golf course if it makes sense. She stated there is a limit to what the city can spend to subsidize the course. She noted the city did hold camps,lessons and tournaments at the course in the past. She questioned if the city or a private business should be in the golf course business. 9.7 Succession Planning in Park Maintenance Lead Position Mr. Hecker presented the staff report. Council had no concerns. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 10:18 p.m. John J. Dietz,Mayor Tina Allard, City Clerk UREJ