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4.1. DRAFT MINUTES (1 SET) 10-03-2016 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, September 16, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Fire Chief T.John Cunningham, Park Planner Chris Leeseberg, City Attorney Peter Beck, Planning Meager Zack Carlton, and City Clerk Tina Allard I. Call Meeting to Order A# Pursuant to due call and notice thereof;the meeting of the Elk"ffiver City Council was called to order at 6:20 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. .; 3. Consider 9/16/2016 Agenda Councilmember Wagner requested to ral of Item" .5.B from the consent agenda. Moved by Councilmember Westgaard and seconded by Councilmember Olson to a_prove the Se tember 16, 2016, agenda as amended. Motion carried 5-0. 4. `Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 September 6, 2016, and September 12, 2016, minutes. 4.2 Check register, check numbers 98347-98531 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Resolution 16-55 authorizing the filing of the application and commitment to execute the grant agreement if funds are awarded. (Mighty Ducks) 4.5.A Special event permit for Broadway Bar and Pizza to hold a car show on Sunday, October 2, 2016, subject to the following conditions: City Council Minutes Page 2 September 19,2016 ----------------------------- 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 provide an affidavit that the notice was distributed. The notification must address the anticipated increase in street parking. 2. Applicant must contact the Fire Marshal Cliff Anderson (763.238.3489) during event set up for walk-through inspection of the property to ensure property accessibility to the buildings and adjacent properties is maintained during the event. 3. Liquor is only permitted inside the building and on the patio, and must be strictly enforced by bar staff. 4. On-street parking to be used for customers only.All display vehicles must be confined to Broadway Bar and Pizza property. 5. 167`h Avenue must remain open to two-way traffic. 4.5.0 Special event permit for the Elk River High School homecoming parade on Friday, September 30, 2016, subject to the following conditions: 1. The event planner is required to notify all property owners abutting the parade route. The city will provide a template of the notice that shall be distributed and a list of the properties to be notified. The event planner shall submit an affidavit showing the notice was distributed. 2. Garbage clean up shall be completed immediately following the parade. 3. Signs shall be installed at the following locations no later than September 23, 2016: ■ School Street 50- feet west of Freeport Street (alerting westbound traffic) ■ School Street 100- feet east of Proctor Avenue ( alerting eastbound traffic) ■ Jackson Avenue at 7t1i Street (alerting northbound traffic) ■ Jackson Avenue at the north high school parking lot entrance (alerting southbound traffic) The signs shall state: School Street Closed 4:00 p.m. —6: 00 p.m. Friday, September 30 Parade Upon completion of the parade, all signs shall be immediately removed. The sign sheeting shall be orange with black lettering, reflective, and mounted on a 30x30 aluminum plate. The signs shall be mounted in a Type 3 barricade, or approved equal. The barricades shall be secured with sandbags or tied to an existing pole to prevent them from being removed or tipped over. 4. The Elk River Police Department will provide police and reserve support for traffic control. UREJ City Council Minutes Page 3 September 19,2016 ----------------------------- 5. Candy may be handed out at the parade but is not allowed to be thrown from moving objects. 4.6 Temporary 3.2% on- sale malt liquor license to the Elk River Lions Club for October 1, 2016, with the following conditions: ■ Alcohol must be limited to an area enclosed by fence with a secured, controlled access. Age verification is required and wrist band control is recommended. 4.7 Resolution 16-56 to reconvey a parcel to the State of Minnesota. (Cleveland/Cty 40 right-of-way). 4.8 Resolution 16-57 authorizing execution of agreement. (Toward Zero Death). 4.9 Resolution 16-58 amending the Authority to acquire by eminent domain and approving amended appraised values for certain properties located at the SE corner of US Highway 10 &Joplin Street NW. 4.10 Execution of towing agreement between City of Elk River and Collins Brothers Towing, Inc. Motion carried 5-0. 4.5B Special Event Permit: ERX/Three Rivers Community Foundation Concert Councilmember Wagner stated she is part of the Three Rivers Foundation and assisted with planning this event. She recused herself from voting. Moved by Councilmember Westgaard and seconded by Councilmember Olson to approve a special event permit to ERX/ Three Rivers Community Foundation for an outdoor concert on Saturday, October 8, 2016, subject to the following conditions: 1. The event planner is required to notify surrounding businesses, residents, and organizations. The city will provide template of the notice that must be distributed and a list of the properties to be notified. The event planner must submit an affidavit that the notice was distributed. 2. Event planner must coordinate traffic control with MnDOT. 3. Inspection of the outside area will take place prior to each outside event when there is a tent. Applicant must contact Fire Marshal Cliff Anderson at 763. 635. 1110 or 763.238.3489 to schedule an inspection after the tent area has been set up. 4. No electrical services shall be across any drive or walking surface. Motion carried 4-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month - Mayor Dietz NATURE] City Council Minutes Page 4 September 19,2016 ----------------------------- Mayor Dietz introduced,read, and presented a plaque to September's Volunteer of the Month Sandy Weicht. He noted the following volunteering accomplishments: ■ Program coordinator for women's events at Central Lutheran Church ■ Meals on Wheels ■ Land of Lakes Choirboys ■ Active in Chamber, filling several roles ■ Community theater ■ Assisted in school programs from elementary to senior high ■ Independence Day celebration Ms. Weicht thanked Council. She discussed how the city has been an important part of her family's life. She stated helping others has been a part of her life since childhood and she hopes to continue for many more years. 6.2 Minnesota Manufacturer's Week Proclamation Mayor Dietz read a proclamation recognizing Minnesota Manufacturer's Week. Moved by Councilmember Wagner and seconded by Councilmember Olson to proclaim October 2-8, 2016, as Minnesota Manufacturer's Week. Motion carried 5-0. 7.1. City of Elk River - Ordinance Amendment Relating to Recycling Processing Centers 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 Wagner and seconded by Councilmember Westgaard to adopt Ordinance 16-21 amending Section 30-1, Definitions, of the City of Elk River, Minnesota City Code. Motion carried 5-0. 7.2 City of Elk River - Ordinance Amendment Relating to Tree Ordinance 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 Olson to adopt Ordinance 16-22 amending Section 30-934, Landscaping, of the City of Elk River, Minnesota, City Code. Motion carried 5-0. p 0 W I R I U R r NATUREI City Council Minutes Page 5 September 19,2016 ----------------------------- 7.3 Lakes State Recycling, 19131 Industrial Blvd. - Conditional Use Permit to Amend CUP Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Harley Hanson, 21073 Lander Street- Stated he doesn't agree with Condition#3 disallowing chain link fencing to have vinyl slats. He stated a fancier fence may get destroyed from the type of truck traffic he has accessing his property. Chris Baumgardt,20167 West Ford Brook Drive,Nowthen,MN—Stated he found a company that guarantees vinyl slats for 25 years. He further noted all surrounding businesses have vinyl slats and they would like to be consistent with them. Mayor Dietz questioned if the fencing condition is required by ordinance. Mr. Leeseberg stated no,but the city has been putting them in all conditional use permits in order to be consistent and to meet the city's beautification goal. Mayor Dietz suggested language allowing vinyl slats, but they shall be required to be maintained. Councilmember Westgaard discussed intent of screening versus containment for fencing. He stated he would allow vinyl slats in an industrial park district versus a business park district. Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU 16-09 permitting a recycling processing facility at 19131 Industrial Blvd., NW,with the following conditions: 1. The Building Official and Fire Marshall shall inspect the building for compliance with all state and local building codes and address any concerns identified. 2. All required state and county licenses shall be obtained. 3. A six-foot tall privacy fence shall be installed along the west side of the outdoor storage area. The privacy fence can be chain link fencing with vinyl slats. The vinyl slats must be continually maintained and if they fall into disrepair, it will be a violation of the Conditional Use Permit. The authorized CUP shall not be recorded until the aforementioned conditions have been completed. 4. The authorized use shall not begin until the CUP is recorded. 5. If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP' s date of issuance, the permit shall expire and become void. POWERED 0Y UREJ City Council Minutes Page 6 September 19,2016 ----------------------------- 6. If the authorized use ceases for more than six months, the CUP shall expire. 7. The applicant must apply for and receive approval for all required permits before any construction may begin. 8. Hours of operation shall be limited to 8 a.m. - 10 p.m., Monday through Sunday. 9. With the exception of gas pumps or other products the city deems hazardous, all product breakdown must occur within the building. 10. The outdoor storage area shall be defined with an approved surface. 11. There shall be no storage of any materials and/ or products outside of the permitted outdoor storage area identified in the attached diagram. (Exhibit A- Site Plan for 9-19-16) 12. No more than ten (10) motor vehicles shall be staged for transport at any one time. 13. Material or motor vehicles shall not be stacked higher than six (6) feet in the outdoor storage area unless in an enclosed dry van. 14. If the outdoor storage area is to be expanded beyond 45,000 square feet, an amendment to the CUP shall be required. 15. No more than ten (10) dry vans shall be used for storage. Motion carried 5-0. 7.4 Progressive Builders - River Park ■ Conditional Use Permit -River Park Meadows Planned Unit Development ■ Easement Vacation ■ Preliminary Plat - River Park Meadows ■ Final Plat Resolution Mr. Carlton presented the staff report. He discussed traffic impacts. Mayor Dietz opened the public hearing for all four of these items. There being no one to speak to these issues,Mayor Dietz closed the public hearing. ----------------- Conditional Use Pei-nit Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve a Conditional Use Permit, Case No. CU 16-22 establishing a Planned Unit Development for River Park Meadows with the following conditions: 1. Street lights be installed as required by Elk River Utilities. 2. All mailboxes shall be clustered. 3. Staff approval of all required plans, including landscaping and utility plans. p 0 W I R I D R Y NATUREJ City Council Minutes Page 7 September 19,2016 ----------------------------- 4. A Planned Unit Development agreement shall be drafted by the city, signed by the developer and approved by the City Council. Motion carried 5-0. ------------------- Easement Vacation Moved by Councilmember Westgaard and seconded by Councilmember Olson to adopt Resolution 16-59 approving a petition to vacate drainage and utility easements. Motion carried 5-0. ---------------- Pr eliminaw Plat Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve Preliminary Plat, Case No. P 16-15 with the following conditions: 1. Address all comments in the comment letter dated August 16, 2016. 2. Staff approval of updated Preliminary Plat. Motion carried 5-0. ---------------- Final Plat Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 16-60 granting final plat approval for River Park Meadows, Case No. P 16-15 with the following conditions: 1. Submittal of an updated final plat reflecting the changes required of the preliminary plat. 2. Work required to relocate small utilities (gas, electric, telephone, cable, etc.) is at the sole expense of the applicant/ contractor. 3. The parcel containing the stormwater pond shall be deeded to the city prior to issuance of home building permits. 4. Outlots adjacent to the drives for the existing townhomes shall be deeded to the homeowners association for the River Park Lodges Homeowners Association. 5. Abandonment of required water and sanitary lines must be completed and approved by the City Engineer and Elk River Municipal Utilities prior to issuance of home building permits. 6. Replacement of sidewalks and installation of necessary curb cuts must be completed prior to issuance of home building permits. 7. A development plan must been approved by the City Engineer prior to issuance of home building permits. p 0 W I R I B R r NATUREI City Council Minutes Page 8 September 19,2016 ----------------------------- 8. 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. Motion carried 5-0. 8.1 Set Budget Meeting Date and Adopt 2017 Tax Levy Ms. Ziemer presented the staff report. Moved by Councilmember Olson and seconded by Councilmember Burandt to set the budget meeting for December 15, 2016, at 6:30 p.m. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 16-61 authorizing the preliminary property tax levy for collection in 2017. Motion carried 5-0. 8.2 Tax Forfeitures Ms. Allard presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olson to adopt Resolution 16-62 regarding classification of certain tax forfeited land located within the City of Elk River and specifying the parcels to be sold. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Olson to adopt Resolution 16-63 approving acquisition of real property and dispensing with statutory requirements for review by Planning Commission of acquisition. Motion carried 5-0. 8.3 ERMU Commissioner Appointment Mayor Dietz presented the staff report. Councilmember Westgaard expressed interested in serving on the commission. Council concurred to allow two Councilmembers to serve on the Commission. Council recessed at 6:58 pm in order to go into worksession, then reconvened at 7:04 p.m. p 0 W I R 1 9 ® Y NATURE City Council Minutes Page 9 September 19,2016 ----------------------------- 9.1 Karl Novotny - 17354 Zane St NW (Former Saxon Building) - Concept Review to Modify the Comprehensive Plan and Zoning Map to Allow a Truck Terminal Mr. Carlton presented the staff report. He noted the applicant is currently out-of- state and wasn't able to attend this meeting. The Council was not supportive of the concept and noted the following: ■ The concept proposed is not what the property is guided for in the Focused Area Study and Comprehensive Plan. ■ Other similar issues the city has had with an industrial business near a residential area (Hi-Tech Motorsports referenced). Council discussed other options for the applicant based on his needs and would like staff to continue to work with him. 9.2 Spectrum Charter School Expansion Mr. Portner presented the staff report. He noted Spectrum is applying for a federal grant and has a tight deadline. He underlined their financial challenges and the difficulty of raising funds to build an entirely new campus. He stated they need direction from Council so they are able to move forward with their expansion plans. Mayor Dietz stated comments spoken at the previous Council meeting were not a reflection on the school but more about the school use staying in a business park. He stated when the request for the school to be located in the business park was first approved,he never expected it would grow as it did. He further stated he has no issues with Spectrum staying in the business park. He noted if the business park becomes a school,it is then removed from the tax rolls. He stated the school told him there would be a Payment in Lieu of Taxes. Craig Sturtz, Quality Surplus, a tenant in the business park—Stated the current business tenants are unaware of what is happening in the business park with the school expansion. He expressed concerns with not knowing the timeline for the school expansion. He stated he has 3-5 years remaining on his lease and moving his business isn't easy. He stated he doesn't want to move and has had trouble finding a smaller space with an 18-foot ceiling clearance. Councilmember Westgaard stressed the school needs a long-term strategic plan involving their own campus. He stated Council has heard,three times in seven years that the school is as big as it is going to get. He stated the uses aren't compatible. He commented he is not sure Council can deny the request if they have already supported it in the past. He suggested it would be nice if Spectrum could get a 20- acre site next to their current fields. UREJ City Council Minutes Page 10 September 19,2016 ----------------------------- Mr. Carlton discussed the seven conditions required in Spectrum's current Conditional Use Permit. He stated the Council would have to find fault with a condition in order to deny the permit. Attorney Beck stated Council knew at the time they would be setting a precedent. Councilmember Wagner expressed concerns with the mixed uses. She expressed concerns with the building conversion to school use,and then having to change it back to a business park use if they leave. She asked if there is a way Council can require a guarantee from Spectrum to remain in the building for a certain amount of years. Attorney Beck stated no. Councilmember Westgaard questioned how the school was allowed in the business park district. Mr. Carlton stated Council amended city ordinance to allow institutional uses in business parks as a conditional use when Spectrum first came forward asking for it. Mayor Dietz told staff to communicate back to Spectrum to continue to move forward with their project. 9.3 Miscellaneous Proposed Zoning Ordinance Amendments Mr. Leeseberg presented the staff report. KennelslAnimals Councilmember Burandt noted there can be confusion on whether a kennel is outside or inside and suggested a different definition. Council concurred to: ■ Regulate the number of animals dependent on lot sizes ■ Categorize animals ■ Check with the League of Minnesota Cities ■ Research other city ordinances Chickens Mr. Leeseberg stated chickens are only allowed with a Conditional Use Permit on large parcels. He stated more staff time will be required in code enforcement if chickens are allowed in urban areas. Council was open to allowing chickens in urban areas but language should be specific on how many are allowed based on lot size. Staff is to look at whether they need to be contained. UREJ City Council Minutes Page 11 September 19,2016 ----------------------------- Definitions Council concurred to review. Dumpsters Council questioned liability. Attorney Beck stated the city would get sued. He stated at a minimum the Council would want to require a permit. He noted that even with requiring certain safety precautions, such as reflectors, the city will still get sued. He stated a bigger liability problem could arise when someone has a permit and it's not enforced. Council directed staff to pursue a permitting mechanism. Vetland Setbacks Mr. Leeseberg noted a lot of staff time with board of adjustments on deck variance applications due to the 2006 ordinance adoption of the 20-foot setback from the wetland buffer. He recommended an ordinance amendment for decks only for developments platted prior to 2006. Curt Rekstad—Discussed the process he has been undergoing and the costs of trying to get a deck on his house. Council concurred to allow decks in the 20-foot buffer area. Craig Wensmann,Bogart,Pederson&Associates—Stated he is a land surveyor and designs lots to meet the law requirements at the time of platting. He stated he has two situations where the builders currently can't fit a house on a lot due to the ordinance change. He asked Council to take homes into consideration in the buffer area. City Attorney Beck suggested homes still be required to follow the variance process. Mr. Leeseberg stated the environmental coordinator expressed concerns with allowing housing in the setbacks due to water issues in wet years. He noted the high water levels this year and how close water has been getting to some homes. He stated adding houses to the ordinance adds another level of research for staff to make sure there wouldn't be wetland impact issues. Council concurred to change the ordinance for decks and have environmental staff discuss the housing impact at a future meeting. Advertising in Parking Lots witb hebicle Signs Mayor Dietz stated he has no issues with allowing advertising in private lots but felt they should not be allowed on public property. Councilmember Wagner stated she has no issues with allowing vehicle advertising in parking lots. POWERED 9r UREJ City Council Minutes Page 12 September 19,2016 ----------------------------- Mayor Dietz asked staff to check with surrounding cities. Pennants/Festoons Mr. Leeseberg noted pennants/festoons are currently not allowed per city code. Staff is recommending they be allowed as a Temporary Sign Permit. Council concurred to allow them as a permanent use. Staff further questioned if they are allowed,whether they can be staked anywhere, such as a right of way, etc. Council stated they can be allowed anywhere as long as they are maintained. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:34 p.m. John J. Dietz,Mayor Tina Allard, City Clerk UREJ