Loading...
07-18-2016 CCMMeeting of the Elk River City Council Ver Held at the Elk River City Hall Monday, July 18, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: , City Administrator Calvin Pormer, Interim Finance Director Lori Ziemer, Fire Chief John Cunningham, Planning Manager Zack Carlton, City Engineer Justin Femrite, City Attorney Peter Beck, Planner BrieAnna Simon, Recreation Manager Steve Benoit, Parks Maintenance Supervisor Tim Sevick, Patrol Captain Darren McKernan, and City Clerk Tina Allard 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 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 07/18/16 Agenda Moved by Councilmember Westgaard and seconded by Councihnember Olsen to approve the July 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 Minutes. ■ June 20, 2016, Closed. ■ June 20, 2016, Regular. ■ July 5, 2016, Regular. 4.2 Check register, check numbers 9859 and 97575-97745 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Solicitor licenses to Gregory Bess and Colton Jacobs valid through Decembet 31, 2016. 4.5 Authorization for staff to apply for Board of Water and Soil Resources Clean Water Fund Competitive Grant. City Council Minutes July 18, 2016 Page 2 4.6 Change Order #2 for a contract time extension for the Wastewater Treatment Facility Improvement Project and increase in engineering fees. 4.7 Resolution 16-42 granting Final Plat for West Oaks Ninth Addition, Case No. P 16-12, with the following conditions: 1. All necessary permits must be acquired before any work in the right-of- way begins. 2. Building permits for homes in this addition will not be released until the unused public utilities identified on the attached development plans are abandoned. 3. Costs associated with relocation of utilities shall be paid for by the developer. 4. The 25 foot wetland buffer shall be signed in accordance with city ordinances. 5. Prepare a homeowners association agreement per Section 30-944 for review and approval by the City Attorney. 6. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 4.8 Landowners Agreement No. 2016-23 between the City of Elk River and the US Fish and Wildlife. 4.9 Continue the Franklin Outdoor Advertising plats and conditional use permit to August 15, 2016. 4.10 Direct staff to begin formal process of opting out of the temporary healthcare dwelling law. 4.11 Grading permit for Miske Meadows with the following conditions: 1. Comments from the City Engineer in the email dated June 29, 2016, shall be incorporated into required plans. 2. Staff approval of updated grading, erosion control, and all other required plans. 3. Approval of the grading permit does not constitute approval of lot configuration, size, alignment, or location. 4. Grading south of a line generally 200 feet north of the electrical utility easement shall be considered preliminary and shall not be considered final approval. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month — Mayor Dietz eutEeEo er t �ATUR E City Council Minutes July 18, 2076 Page 3 Mayor Dietz introduced, read, and presented a plaque to John Anderson, Volunteer of the Month for July. He noted the following volunteering accomplishments: • Family Promise homeless shelter • Group leader in Emotions Anonymous • Open Doors for Youth • Food Pantry delivery in Princeton • Transportation provider 7.1. City of Elk River Ordinance Amendment for Extreme Commercial Recreation (XCR) Zoning District 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 Councihnember Wagner and seconded by Councilmember Olsen to adopt Ordinance 16-15 Amending Section 30-1041, Principal Structures of the City of Elk River, Minnesota, City Code. Motion carried 5-0. 7.2 ERX Tech Shops, 21591 US Highway 169 ■ Preliminary Plan, Aggregate Commercial Fourth Addition ■ Resolution for Final Plat 7.3 ERX Tech Shops, 21591 US Highway 169 • Conditional Use Permit for Active Use Storage Mr. Leeseberg presented the staff reports Mayor Dietz opened the public hearing for all three items. There being no one to speak to these issues, Mayor Dietz closed the public hearing. Councilmember Wagner asked if the applicant was okay with the proposed conditions of the applications. Todd Plaisted, owner — Stated he would like flexibility in working with staff for the curbing ingress/egress because they are considering another access point. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Preliminary Plat, Case No. P 16-09 for Aggregate Commercial 4th Addition. Motion carried 5-0. earlelo er 'N"ArURE City Council Minutes July 18, 2016 Page 4 Moved by Councilmember Wagner and seconded by Councilmember Burandt to adopt Resolution 16-43 for the Final Plat, Case No. P16-09, for Aggregate Commercial 4th Addition with the following conditions: 1. Surface Water Management Fee be paid in the amount required by the city prior to releasing the Final Plat for recording (currently $1,326/acte). 2. Park Dedication shall be paid for 7.59 acres at the rate applicable when the subdivision is released for recording (currently $6,502). 3. All comments in the Environmental Memo dated June 14, 2016, shall be addressed. 4. All comments in the Stormwater Coordinator Memo dated June 8, 2016, shall be addressed. 5. Failure of the subdivider to submit the final plat within one year, unless a written request for extension has been submitted and for good cause granted by the council, shall cause the preliminary plat to become null and void. However, the subdivider may continue to final plat a phase of the approved preliminary plat within one year of each phase in order to extend valid approval of the preliminary plat. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU 16-18 to ERX Tech Shops, Case No. 16-18 and that the applicant and staff work together on curbing with the following conditions: 1. The authorized Conditional Use Permit shall not be recorded until all conditions have been completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. The use shall fully comply with all other requirements of the City Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. 5. 46 striped parking stalls shall be provided. 6. An approved site plan showing 42 -proof of parking stalls shall be provided to the city. 7. The level of noise from the building shall not exceed city ordinance levels. 8. No car, truck, trailer, snowmobile, ATV, or other motor vehicle parts may be stored on site. 9. There shall be no outdoor storage. 10. Used oil, general waste, tires, or other materials must be disposed of in accordance with the city ordinance. 11. B612 concrete curb and gutter shall be installed per the phasing plan. All curbing and gutter shall be completed with the final structure. PANEAE((O�� At City Council Minutes Page 5 July 18, 2016 Motion carried 5-0. 7.4 Lakes State Recycling, 19131 Industrial Blvd. Conditional Use Permit to Amend CUP Mr. Leeseberg presented the staff report. He reviewed the differences between what the applicant wants, Planning Commission's recommendation, and what staff wants to see in regards to fencing and landscaping. He stated the purpose of the fencing was to define the property and prevent creep. It had previously been recommended for privacy purposes. He stated, per city ordinance, 10 trees are required for the site. He stated staff is recommending that no vehicles be allowed to be stored at the site, per the current city ordinance. He reviewed the defuution of junkyards. Mr. Leeseberg stated if the Council wants to allow the storage of vehicles at a recycling center they'll need to amend the ordinance. He stated staff is recommending approval of the conditional use permit. He noted the conditions in the staff report are the recommendations of the Planning Commission, but staff would recommend the following changes to the conditions: 1. Condition #9 changed to reflect the 4 foot high fence on the east side. 2. Remove Condition #11 Mayor Dietz opened the public hearing. Harley Hanson, 21073 Landor Street - Stated fencing is not needed because they have a lot of natural screening. He stated he was okay with a fence on the west side of the property. He stated a fence on the south and east side would not be a good use of his resources. He stated they would have to complete major logging to get a fence installed. He noted there is a defined trench easement on the east side. Mr. Hanson stated he met with Gina Hugo from the Soil and Water Conservation District to evaluate the site. He stated she gave them a plan with a 5 tree recommendation in order to maintain the health of the current trees. He explained that the vehicles don't sit at their site long, noting they weigh them, then scrap them. He stated the maximum amount of vehicles on the site at one time would be up to 10. Chris Baumgardt 20167 West Ford Brook Drive, Nowthen MN- Stated their neighbors have been allowed chain link fence with privacy slats and the city requirement of not allowing slats for them doesn't fit with the neighborhood. He discussed other issues such as costs and access. Mayor Dietz closed the public hearing. Council asked for clarification on the purpose for the fence. Mr. Leeseberg stated initially the fencing was for the privacy of the whole site. After further review of the existing businesses in the area, it was determined that privacy was not a concern, staff changed the type of fencing required, which is required due P0KI0I0 0f 'N'A T U R 4 City Council Minutes July 18, 2016 Page 6 to the outdoor storage request. He further stated vegetation can act as screening for today, but the trees may not always be there in the future due to storms, disease, etc. Council questioned why staff doesn't recommend chain link fencing with vinyl slats. Mr. Leeseberg stated this was a recently -adopted change in order to create better aesthetics in the city. He discussed the problematic issues common with slat fencing. He stated this recommendation is not in city ordinance but is a policy decision of Council that could be changed. Councilmember Wagner stated she understands staffs view of beautification but felt if the rest of this industrial park was allowed the vinyl slat chain link fencing, then the applicant should be allowed to have it. She further expressed concerns with the fencing costs of the other types of fencing versus the chain link, which can be difficult to make an applicant pay. Councilmember Wagner stated other properties in the area also didn't have required fencing along the ditch easement. Staff stated the other properties don't have outdoor storage so the fencing is not required for them. Mayor Dietz stated because someone doesn't want to pay for something doesn't mean the city shouldn't do it. He sated the city would then have everyone not wanting to do anything. Councilmember Wagner stated this particular situation is unique due to the neighborhood and the lot. She stated not everything fits into the same policy. Mayor Dietz expressed concern about the city being inconsistent. He questioned how we can justify an allowance for one but then not to the next one. He stated Council can't pick and choose what they want to do and he doesn't want to be placed in that position. Councilmember Westgaard stated the purpose of providing screening is to contain negative visual impacts from neighboring businesses and this applicant does have a neighboring business. He stated if designated as a privacy fence for outdoor storage, then the city needs to be consistent in applying this rule to everyone. He stated if the fencing is for containment of outdoor storage, then why wouldn't the Class IV area be enough to designate the containment area. Mr. Leeseberg stated many times there can be creep with a product like Class IV and staff spends countless hours following up on these types of issues throughout the city. He stated the fencing adds another layer of protection from this happening. He also noted how Class IV can wash out and allow weeds to grow throughout. He stated it is easy to push the limit on extending the outdoor storage when there is no barrier. �AAA P e E 'A$'�E[ AV� R8 E 1 City Council Minutes July 18, 2016 Page 7 Councilmember Westgaard stated if the city is applying it consistently (for containment of outdoor storage) from here on, then it is putting an undue burden on business owners when perhaps only 5% of all applicants will push the creep limit versus the 95% who are most likely following the rules. He questioned the fair balance. Council questioned how towing companies are defined in ordinance. Mr. Leeseberg stated towing is allowed in the I3 District, which does allow for junkyards. Councilmember Westgaard suggested a review of the definition. He stated he wouldn't consider a recycling center a junkyard yard. He stated he likes the idea of people bringing their junk cars to a recycling center versus them sitting in a junkyard. Mayor Dietz stated he has no issues with reviewing the ordinance but feels 10 vehicles is too many and maybe it should be capped at six. Councilmember Wagner concurred with an ordinance review. Councilmember Wagner stated she is not sure what is used to define trees. She suggested a work session to discuss the ordinance including allowing the applicant other options if they have a heavily wooded lot and other encumbrances. Councilmember Westgaard noted many businesses want visibility to their customers and questioned the city's recommendation of tree placement. He asked if is it reasonable to think five trees would work better than 10 for this particular lot. Mr. Leeseberg stated Council will need to amend the ordinance if they want to allow fewer trees. He stated staff is following Council policy. Councilmember Olsen stepped out (7:10 pm) Attorney Beck stated an applicant always has an option to request a variance from an ordinance and it would not be out of the ordinary to have one for landscaping requirements. He stated the city has not gone overboard on tree requirements and this is not an unreasonable ordinance. He stated the ordinance could be amended and it can be variable or require certain performance standards. He farther noted there is a history for the current language dating back to the 1980's with wanting to clean up the Highway 10 corridor/gateway entrance. Councilmember Olsen returned at 7:15 pm Mayor Dietz concurred with the Planning Commission's recommendation regarding fencing on the east and west sides. t'��r�opr[Ar'e[` o� e t U City Council Minutes Page 8 July 18, 2016 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue this item to September 19, 2016. Motion carried 5-0. 7.5 Venture Pass Partners, LLC (Pet Smart) — 18050 Zane Street NW • Preliminary Plat — ER Ventures Addition ■ Final Plat Resolution Ms. Simon 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 Preliminary Plat, Case No. P16-07, for ER Ventures Addition with the following conditions: 1. All comments in the staff comment letter dated June 14, 2016, shall be addressed. 2. A minimum 30 -feet easement along the railroad on the south side of Oudot A shall be provided for future trail connections. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 16-44 granting Final Plat, Case No. P16-07, for ER Ventures Addition with the following conditions: 1. Park Dedication shall be paid for 5.52 acres at the rate applicable when the subdivision is released for recording. The current rate is 8% of the county assessed value ($28,858). 2. A 30 -foot trail easement be provided on the south end of Outlot A parallel to the rail line right-of-way. 3. Surface Water Management Impact Fee be paid in the amount required by the city at the time the Final Plat is released for recording (currently $1,326/acre). 4. The Final Plat will not be recorded until a right-of-way vacation has been approved by City Council, and the plat has been updated to reflect the new easement and right-of-way. Motion carried 5-0. 7.6 Elk River Machine, 828 4th Street • Simple Plat Mr. Carlton presented the staff report. NATURE City Council Minutes July 18, 2016 Page 9 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 Resolution 16-45 Granting Final Plat to Elk River Machine, Case No. P 16-14. Motion carried 5-0. 7.7 City of Elk River Ordinance Amendment Relating to Distilleries in Industrial and Commercial Zoning Districts Mr. Carlton 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 Wagner and seconded by Councilmember Burandt to adopt Ordinance 16-16 Amending Chapter 30 of the City of Elk River, Minnesota, City Code of Ordinances to Permit Micro distilleries and Cocktail Room Uses. Motion carried 5-0. 7.8 Focus Area Study Rezoning Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing. Council asked if any feedback was received from the public since this item was last reviewed. Staff stated no. Moved by Councilmember Wagner and seconded by Councihnember Burandt to continue the public hearing to August 15, 2016, Council meeting. Motion carried 5-0. 8.1. Community Center Adam Barnett, with JLG Architects, presented the feasibility study. He was detailed in his discussions on the following: • Project phasing ■ Project planning process to date • Assessment of existing facilities • Community engagement • Program of needs P U W I A 1 0V 8 Y 'NW[� E City Council Minutes Page 10 July 18, 2016 • Addition/renovation options ■ New facility concept plan • Site analysis ■ Cost estimates Council questioned funding sources for phases 2 and 3. Mr. Barnett stated it is typical for users, such as youth hockey, to contribute some, but not all funding. There was discussion on how costs of a community center would affect individual tax payers based on the value of their property. It was noted, with very preliminary numbers, that a home valued at $200,000 would pay $201 per year, based on a $35 million bond over 20 years. The committee would recommend payment be spread out over 30 years. This detail hasn't been worked out yet and would come back at a future meeting for further discussion. Mayor Dietz questioned if staff could calculate the rate of future growth in order for Council to be able to provide an estimate of how the rate for this bond could decrease the taxes as time goes by and the city grows. Staff noted the numbers can be compiled but there could be many variables affecting them. Mayor Dietz felt the dome would be the key to get the bond passed because it appeals to more sports users. He suggested it be moved to Phase 2. He believed there would not be enough hockey people to pass the bond based on ice sheets alone. Mayor Dietz questioned how this bond/vote would be marketed Staff noted the city can't market for a "yes" vote for a ballot question but an independent community group could form and promote the center. Councilmember Wagner stated she has been contacted by business owners offering to help. Mayor Dietz expressed concern for the narrow timeframe to get the word out before November. There was discussion about the land purchased by the Wastewater Treatment Division and whether the city was obligated to pay them back. Staff was asked to research this issue so Council can evaluate it. Council would like more refined numbers so they can talk to taxpayers about costs. '4ATVRE City Council Minutes July 18, 2016 Page 11 Mayor Dietz stated he would like two questions answered by Council: whether they want to bond for a community center and how much money they want to ask from taxpayers. Council concurred they are all in favor of moving forward with a bond. Mr. Pormer noted Council had directed staff to look at other funding sources in order to offset future losses from park dedication funds due to the formula change recently approved by Council. He stated this would be an opportunity to include those needs into this bond. He further discussed the Parks Master Plan and some of the trail needs of the city. Councilmember Wagner discussed the needs of the Parks and Recreation Commission. She stated their top priorities are the youth athletic complex and the community center with some added amenities such as a splash pad, restrooms, concession stands, park shelters. She stated the final plan will be coming before the Council at a future meeting. She stated these additional amenities were estimated at about $4.6 million but each amenity can be individually based on where the funding numbers fall. Mayor Dietz questioned what the city should be requesting for a dollar amount in the bond. Mr. Pormer stated the taskforce was tasked with developing a concept plan for the existing facilities/community center and was not involved with the additional amenities discussed by the Commission. He stated the Council will decide on the funding amount. He stated the Council can pick a number they are comfortable with but would know that the priorities discussed may change depending on final costs and sponsorships, and other funding options, such as liquor store funds. There was discussion about what would happen with current facilities such as Lions Park Center (LPC). Mayor Dietz stated he wouldn't support any more funding to the LPC. Councilmember Olsen expressed the need to support the people near Lions Park. Council noted the new community center facility will fill this need. Mr. Benoit explained park programming would still remain in Lions Park. Council noted it would be helpful to review the tax impacts. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to accept the Multipurpose Community Center Plan. Motion carried 5-0. ru[r[e[[0e1 W RE City Council Minutes July 18, 2016 Page 12 Moved by Councilmember Burandt and seconded by Councilmember Wagner to direct staff to prepare notice to the county auditor for a general election ballot referendum. Motion carried 5-0. 8.2 Woodland Trails Master Plan Mr. Sevick introduced Paul Paige with Hoisington Koegler Group, Inc. (HKGi) Mr. Paige discussed how the master plan and how the commission arrived at the fmal plan. Council questioned grant funding chances for the park. Mr. Paige stated it is high. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to accept the master plan. Motion carried 5-0. 8.3 Select Towing Services for Police Department Captain McKernan presented Chief Nierenhausen's staff report. He reviewed the performance standards required and how the scoring of each company was determined. Councilmember Olsen questioned the pros/cons of having a single source versus multiple sources to handle towing needs. He questioned if the department benchmarked other communities. He questioned if having one towing service is adequate to cover the 44 square miles of the city. Captain McKernan reviewed how other cities handle their towing services and noted many are going toward a single company. He further stated having one service keeps the process simpler for staff for tracking and accounting purposes. He stated one service can handle all of Elk River and would be cheaper with Collins Brothers. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve a towing agreement with Collins Brothers Towing. Motion carried 4-1. Councilmember Olsen opposed. Council recessed at 9:13 p.m. in order to go into worksession. Council reconvened at 9:21 p.m. 9.1 Line Avenue Traffic Study Mr. Femrite introduced Bryant Ficek and Max Morland with Spark Consulting. Mr. Ficek reviewed the science of traffic studies. He then outlined the 6 intersections that were studied by his firm. He provided an overview of the Levels of Service P OKEAlt 61 NATURE City Council Minutes July 18, 2016 Page 13 model. He reviewed cul-de-sac options and how they forecasted out the Levels of Service for the differing options. He noted where the Levels of Service are considered acceptable from an engineering standard. Council discussed the pros and cons they perceived for the cul-de-sac options proposed. There was discussion on the current Transportation Plan and a planned connection from Highway 169 to Twin Lakes Road via Elk Hills Drive. Council consensus was to add a cul-de-sac at Option B (between 3'd and 5d' streets) and for the consultant to review a roundabout at Intersection #3 (Twin Lakes Road and Line Avenue) to mitigate the expected decline in Level of Service for that intersection. Mr. Ficek stated, his initial reaction to the idea of a roundabout at this location, was that Line Avenue would potentially move better but there may be more pressure/delay on Twin Lakes Road. He stated they would need to evaluate this idea further, at it wasn't in the original review. Council questioned the possibility of a signal at 181st Avenue and Twin Lakes Road. Mr. Femrite stated this would be a county decision and currently the warrants are not met for this to happen. He further noted there would be a better chance once the homes planned for the east side of the city are built. Mr. Ficek noted one red flag with the Option B cul-de-sac as there could be some traffic cutting through 3.d Street to avoid the longer route in order to get down to the Main Street/Line Avenue area (Walmart). Council felt 3`d Street was too narrow of a route for traffic to want to utilize. Mr. Femrite discussed some sidewalk trail connections that may be worth considering along 5d' Street and Line Avenue should everything move forward as a project. Council noted there are no continuous sidewalks for kids to get to the school area and that 5th Street is not safe due to the traffic. 9.2 2017 Budget Ms. Ziemer presented the staff report. Departments reviewed their goals and budgets. Wetland Banking Mayor Dietz suggested the funding for the study come from capital outlay. Commercial Recycling City Council Minutes Page 14 July 18, 2016 ----------------------------- Council asked the status of offering commercial recycling. Ms. Mroz noted it is not typical in Minnesota but she checking other states and will be working with St. Thomas students on the project. 9.3 Pinewood Golf Course Request for Proposal Review This item moved to a special meeting on Wednesday, July 27. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:55 p.m. Tina Allard, City Clerk P`�B,BRW yE R1 9 B ��q/i'