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4.1. DRAFT MINUTES (2 SETS) 11-21-2016 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, October 17, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Additional Members of the Energy City Commission: TA Flatland and Jason Hoskins Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Park Planner Chris Leeseberg, Planner BrieAnna Simon, Economic Development Director Amanda Othoudt, City Attorney Peter Beck, City Clerk Tina Allard, and Recording Secretary Jennifer Johnson 1.Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:09 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 10/17/2016 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the October 17, 2016, agenda. 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 October 3, 2016, regular meeting minutes. 4.2 Check register, check numbers 98678-98881 as outlined in the staff report. 4.3 Pay Estimates as outlined in the staff report. 4.4 Final Plat of Miske Meadows Phase I (Paxmar) with the following conditions: 1. Staff approval of updated plans and final plat reflective of changes to the Preliminary Plat. City Council Minutes Page 2 October 17, 2016 ----------------------------- 2. A Development Agreement be prepared and executed outlining the terms and conditions of the plat approval prior to releasing the Final Plat for recording. 3. Deferred assessments from the installation of trunk utilities shall be paid for 12.095 acres. (currently $80,555.98 through November 30, 2016) 4. Park Dedication shall be paid with a combination on land and cash. The land will be dedicated with a future addition, and the cash is due at the time of final plat recording. 5. 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 $226/ lot) 6. Water Availability Charge shall be paid in the amount required by the city at the time the Final Plat is released for recording. (currently $335/ plumbing unit) 7. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 8. Upon completing all of the improvements, and following city acceptance, a security or warranty in a form acceptable to the City Engineer will be secured. 9. A development plan shall be approved by the City Engineer prior to the issuance of building permits. 10. 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. 4.5 Grade Crossing Resurfacing Agreement 2016-31 with BNSF as outlined in the staff report. 4.6 Line Avenue Professional Engineering Services agreement with Hakanson Anderson, Inc., as outlined in the staff report. Motion carried 5-0. 5. Open Forum rd Brandon Hanson, 11820 193 Avenue NW, Elk River, representing Elk River Rotary, requested Council to consider the installation of Rotary International signs at the entrance of the city to promote Elk River as a Rotary community. Mr. Portner indicated that with Council consent, MnDOT could install the proposed signage. He will have staff put together some information for Council to approve at a future meeting to direct MnDOT to install the signs. Council consensus is to allow the signage. City Council Minutes Page 3 October 17, 2016 ----------------------------- 6.1 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Anne Hove as Volunteer of the Month of October. He noted the following volunteering accomplishments:  Works in Retired Seniors Volunteer Program (RSVP)  Serves as reader, moderator and confirmation coordinator for ISD 728 Book Ends program  Assists in preschool classrooms for speech/language  Volunteer at Discovery Learning Preschool classroom  Part of an adult English as a Second Language conversation group  Meals on Wheels volunteer  Elk River Lutheran Church community outreach volunteer  Past member of Elk River Community Education Advisory Board and Elk River Early Childhood Initiative Board  Facilitated Word Weaver’s Writers group at Senior Activity Center 7.1. Apex Embroidery & Design, Inc. – Microloan - Tax Abatement Ms. Othoudt 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. Mayor Dietz asked some questions regarding the forgivable loan fund balance. Ms. Othoudt explained this loan request would deplete the forgivable loan fund, which was utilized from a federal government program called Minnesota Investment Funds. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 16-68 approving a $200,000 forgivable loan and a 12-year pay-as-you-go property tax abatement in the amount of $85,164 for Apex Embroidery & Design, Inc., as outlined in the staff report. Motion carried 5-0. 7.2. Shelly Liestman – 19776 Gary Street NW – 19776 Gary Street NW – Conditional Use Permit for Home Occupation (Dog Grooming) Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. City Council Minutes Page 4 October 17, 2016 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU 16-23 for a home occupation to Shelly Liestman to operate a dog grooming business at 19776 Gary Street NW with the following conditions: 1. Prior to recording the Conditional Use Permit, the city’s Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. The inspection and abatement of all concerns must be completed by December 17, 2016. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 4. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval of all required permits before any construction may begin. 6. The hours of operation shall be 8 a.m. – 4 p.m. Tuesday-Saturday. 7. Signage shall not exceed four square feet. 8. There shall be no customer parking on the street. 9. No more than four customer vehicles shall be parked in the driveway. 10. With the exception of transferring from a vehicle to the facility, customer’s dogs (or other) shall not be allowed outside. 11. All customer’s dogs shall be leashed or kenneled when outside. 12. If a dog is barking, all facility windows must be closed. Motion carried 5-0. 7.3. UNA Stamus Fitness – 13467 Business Center Drive NW – Conditional Use Permit (Fitness Facility) 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. Councilmember Olsen stated she felt this business would be a great fit and add some vibrancy to the area. Mayor Dietz and Councilmember Wagner agreed. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve Conditional Use Permit, Case No. CU 16-26 to operate the commercial recreational facility UNA Stamus Fitness, 13467 Business Center Drive NW, with the following conditions: City Council Minutes Page 5 October 17, 2016 ----------------------------- 1. Prior to recording the Conditional Use Permit, the city’s Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. The inspection and abatement of all concerns must be completed by December 17, 2016. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 4. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval of all required permits before any construction may begin. Motion carried 5-0. 7.4. Gateway Church – Variance 75 Foot Sign, Case No. V 16-09 Ms. Simon presented the staff report. Mayor Dietz opened the public hearing. Shirley Tuttle residing at 18513 Queen Street, lives adjacent to the church property and presented a petition with the names of eight residents opposing the request for the construction of the Gateway Church advertising sign. She stated the petitioners are asking the city to enforce and stay within the parameters of the city ordinance. She indicated the petitioners feel construction of this sign will interfere with the property owner’s rights to enjoy their property as intended at the time of purchase, could decrease the value of their homes in the River Place Development, and interfere with future property sales. Adam Holmes, President, VanMan Architects and Builders, spoke on behalf of Gateway Church. He questioned the definition of a sign as laid out in Elk River City Code Section 30-852, subsection b, regarding religious symbols. He stated the sign being requested is a cross, which he felt falls under the classification of a religious symbol and wondered if the ordinance definition needed to be revised or clarified. Attorney Beck stated this request falls under the definition of a sign under Section 30-852. He stated the applicable definition of a sign means any device, fixture, structure, placard using graphics, symbols and/or written copies. He stated the intent of the ordinance is not to regulate the content of the sign but rather regulate the dimensional and height requirements. There being no one else to speak, Mayor Dietz closed the public hearing. City Council Minutes Page 6 October 17, 2016 ----------------------------- Councilmember Burandt commented staff report photos show some church steeples as being 6’ above the roof of the church. She stated the Planning Commission meeting discussed that there are no set standards or ordinance language requirements for religious symbols in various other cities. She proposed the ordinance be re- written to allow religious symbols or other art, or write separate language for religious symbols, and not limit the signs to a certain height requirement based upon the height requirements of the building. Councilmember Westgaard stated the applicant’s request is for a variance for a second freestanding sign, and the applicant’s request calls this a sign request. He stated the sign request is excessive for this zoning district. He further clarified this is not about a religious symbol but more about the height of the sign. Mr. Holmes asked for clarification with Councilmember Westgaard’s comments. He stated the paper application received from city staff was presented as a sign application, not a religious symbol application. Ms. Simon stated the request was presented as a sign permit and the applicant’s narrative describes the religious symbol as a sign. She stated the applicant didn’t have an opportunity to fill out a religious symbol permit since we do not have such a permit. Councilmember Wagner stated she felt 75’ too high for the residentially-zoned district and she wouldn’t support it. She also stated she appreciated staff options presented and felt a 40’ addition to the existing building would be a better fit based upon current zoning. Councilmember Olsen stated he felt this could be considered a large sculpture or a piece of art but there is no ordinance for art or sculpture that he’s aware of. He talked about how churches used to build large steeples and wonders if there’s still a need for building large structures. He stated this should be part of the structure and not freestanding. He stated there should be limits for spiritual signs. Mayor Dietz stated this was a difficult issue but this instance is different when residents present a petition asking the city to follow current ordinance. He noted, after reading through the applicant’s request, there were some key statements they made which made him feel the church is using the symbol as advertising to attract new practitioners to the church. He wonders about the sense of fairness with other churches a few blocks away from highways. He would consider a variance to the ordinance if the sign were to be attached to the church but he was not in favor of a lighted sign 75’ in the air as he felt it intrusive to the neighborhood and doesn’t meet the spirit of the ordinance. He suggested seeing what other cities allow relating to signs with religious symbols. He would like to see Council make a decision tonight and then have staff research options or create a religious symbol ordinance. Attorney Beck indicated he has seen ordinances from other cities regarding height limits while allowing a higher limit for steeples or bell towers. City Council Minutes Page 7 October 17, 2016 ----------------------------- Councilmember Burandt asked if Council could continue this item until staff could provide options to the applicant. Mayor Dietz stated it was uncertain the length of time it would take to research and create a new ordinance and suggested voting on what the applicant requested today. He stated the applicant could reapply in the future with no fee charged. Attorney Beck suggested a motion directing staff to prepare a resolution for denial with a findings of fact for the next agenda. Moved by Councilmember Olsen and seconded by Councilmember Wagner to direct staff to prepare a resolution for denial of the variance request by Vanman Architects and Builders to allow a second freestanding sign in a residential district with a 55-foot variance to structure height limit for th Gateway Church, 13913 185 Ave. NW. Motion carried 4-1 with Councilmember Burandt opposing. It was the consensus of Council to direct staff to research other cities in the area for ordinance regulations of religious symbols, structures, and public art. 7.5. Roger White – Simple Plat, Case No. P 16-18 Ms. Simon presented staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 16-67 approving Final Plat of Whiteoak with the following conditions: 1. Park Dedication Fee shall be paid for one dwelling unit at the rate applicable when the subdivision is released for recording. The current rate for low density residential is $1,425.93 per dwelling unit. 2. Surface Water Management Impact Fee shall be paid for one dwelling unit at the rate applicable when the subdivision is released for recording. The current rate is $113 per lot. 3. The plat shall not be released until the wetland delineation is approved by the Technical Evaluation Panel and updated as directed. 4. Submittal of written approval from Sherburne County permitting an additional driveway for the new parcel. 5. Staff approval of all required development and grading plans. 6. A trail easement shall be required along the entire western side of the subject property. Motion carried 5-0. City Council Minutes Page 8 October 17, 2016 ----------------------------- 7.6. John Madsen – 503 Jackson Avenue NW – Conditional Use Permit for Dakotah Doggy Daycare and Kennel, Case No. CU 16-24 Ms. Simon presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to continue this item to the November 7, 2016, Council meeting. Motion carried 5-0. 7.7. Conditional Use Permit for Facility Expansion – Menards, Inc. – 19521 Evans Street NW Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Burandt to adopt Conditional Use Permit, Case No, CU 16-25 authorizing an expansion to the existing Menards facility and amending the approved plan for the Menards site with the following conditions: 1. Prior to recording the Conditional Use Permit, the city’s Building Official and Fire Marshal shall inspect the building for compliance with all state and local building codes. The inspection and abatement of all concerns must be completed by December 17, 2016. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the proposed work described in the application and Conditional Use Permit has not been substantially completed within two years of the Conditional Use Permits date of approval, the permit shall expire and become void. 4. The Conditional Use Permit shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval of all required permits before any construction may begin. Motion carried 5-0. 8.1. Mayor Monarch Pledge Ms. Mroz presented the staff report and introduced Lori Buffington and Craig Poorker, representatives from Great River Energy (GRE). They outlined the Mayor’s Monarch Pledge and how this can assist GRE with sharing a commitment City Council Minutes Page 9 October 17, 2016 ----------------------------- to improving the habitat for pollinators like honey bees and butterflies along U.S. Highway 10 and the Mississippi River by establishing native prairie plantings to attract these pollinators. Mayor Dietz thinks the program is great but doesn’t feel prairie grass is appropriate along Highway 10 as he felt the green grass GRE used to maintain provided a tremendous gateway to the city. He stated he will support the pledge but felt there were more appropriate places for prairie grass plantings. Ms. Mroz stated they share concerns regarding public comments and have heard no negative comments regarding the beginning stages of this project. She indicated she attributes this to great public outreach and social media campaign. Mayor Dietz stated he has had people comment to him about prairie grass. Councilmember Westgaard stated the resolution adopting the pledge and the Highway 10 pollinator project are two separate items. He also agrees there is a place for prairie grass. Mayor Dietz stated he has no problem with supporting the pledge but he doesn’t feel the location is appropriate. Councilmember Wagner stated she felt there’s no harm in this pledge but asked if the city has identified the required 3 of the 25 action items outlined in the pledge as there are differing opinions about where prairie grasses are appropriate and requested Council work with staff to provide input on action items. Ms. Mroz stated she felt the city has already completed 3 of the 25 action items but doesn’t want to be limited to just those items and would like to take further action on additional items. Councilmember Olsen indicated the William H. Houlton Conservation Area will be oak savannah and prairie grass in about 5 years and as a committee member and he thinks what they’re doing is great if you allow some time for nurturing. Councilmember Burandt congratulated the program and its members and felt it was a great way to promote pollinators for a number of positive reasons. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 16-68 supporting the Mayor’s Monarch Pledge by the National Wildlife Federation as outlined in the staff report. Motion carried 5-0. The Council recessed at 7:30 p.m. The meeting reconvened at 7:38 p.m. City Council Minutes Page 10 October 17, 2016 ----------------------------- 9.1 Planning Commission Interview Council interviewed Rob Rydberg for an open seat on the Planning Commission. Moved by Councilmember Wagner and seconded by Councilmember Olsen to appoint Rob Rydberg as Planning Commissioner with a term expiration of February 28, 2018. Motion carried 5-0. 9.2 Joint Meeting with Energy City Commission Ms. Mroz presented the staff report. She introduced Ted Redmond with the company paleBluedot, LLC, who outlined the findings from a City Operations Greenhouse Gas Assessment to review usage of energy, water usage, solid waste, and transportation across city and Elk River Municipal Utility facilities. 9.3 Discuss Council Policy for Tobacco Licensing Ms. Allard presented the staff report. Stacy Hollenbeck was present and had recently requested at the October 3, 2016, Open Forum that Council consider amending city ordinance to allow tobacco products shops within 500 feet of school or park property. She explained her request was based upon her recent purchase of the space holding the former Blue Egg Cake building on Main Street and her desire to operate a tobacco shop in the space. She stated the ordinance won’t allow that operation because of its proximity to Rivers Edge Park. She discussed the goals and demographics of her business operations in Big Lake and her hopes to do the same in Elk River. Council discussed their concerns with amending the current distance requirements and why the ordinance was written as it was. It was Council consensus to uphold the current ordinance as it is currently written. 9.4 Social Media Policy/Response Times Mr. Portner presented the staff report. Councilmember Wagner discussed the attention certain topics gain on social media, specifically the local bulletin board page which is not run by city staff but is monitored daily by them. She indicated certain topics can get out of hand quickly and inaccurate statements can be posted. She stated frequently there is misinformation and if the city doesn’t comment on a topic, she feels it then becomes factual to those who see it. She stated because people have changed how they communicate, posts should be timely with factual information, which typically quiets the thread. She stated commenters/readers will believe the information when City Council Minutes Page 11 October 17, 2016 ----------------------------- dispersed by city staff. She wondered if Council should become more involved or if more time should be spent by staff monitoring these posts. Mr. Portner explained his approach to staff monitoring of social media and the time and resources involved to obtain and distribute factual information. He stated in his role as public information officer he is concerned about letting others respond and would prefer information continue to be funneled through him. He recognizes the need for timely posts as this community is Facebook savvy and suggested Council contact him directly when information requires a response. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:11 p.m. Minutes prepared by Jennifer Johnson. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Acting as the Canvassing Board for the City of Elk River Held at Elk River City Hall Monday, November 14, 2016 Members Present: Mayor Dietz, Councilmembers Burandt, Olsen, and Wagner Members Absent: Councilmember Westgaard Staff Present: City Clerk Tina Allard and Executive Secretary/Deputy City Clerk Jessica Miller 1.Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 8:00 a.m. by Mayor Dietz. 2. Canvass Results of November 8, 2016, General Election Canvass Returns and Declare Results Ms. Allard presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Burandt to adopt resolution 16-73 canvassing election returns and declaring the results of the city general election held November 8, 2016. Motion carried 4-0. 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Canvassing Board at 8:04 a.m. John J. Dietz, Mayor Tina Allard, City Clerk