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11-21-2016 CCMMeeting of the Elk River City Council ver Held at the Ok River City Hall Monday, November 21, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaatd, and Wagner Members Absent: None Staff Present: City Administrator Calvin Pormer, Planning Manager Zack Carlton, Chief of Police Ron Nierenhausen, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Parks Superintendent Tim Sevcik, Economic Development Specialist Colleen Eddy, Director of Economic Development Amanda Othoudt, Building Official Bob Ruprecht, Park Planner Chris Leeseberg, City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk Jessica Miller Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:03 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 11/2112016 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the November 21, 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 ■ October 17, 2016, Regular ■ November 14, 2016, Canvassing Board 4.2 Check register, check numbers 99161-99368 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Resolution 16-74 adopting and levying special assessments for unpaid water utility services as of September 30, 2016. 4.5 Resolution 16-75 adopting and levying special assessments for unpaid garbage collection as of September 30, 2016. and Resolution 16-76 City Council Minutes November 21, 2016 Page 2 adopting and levying assessment for unpaid sewer service as of September 30, 2016. 4.6 Resolution 16-77 adopting and levying assessment for unpaid electric services as of September 30, 2016. 4.7 Resolution 16-78 adopting and levying special assessments for unpaid storm water utility fees as of September 30, 2016. 4.8 Resolution 16-79 adopting and levying assessment for abatement of city code violations. 4.9 Resolution 16-80 adopting and levying special assessments for costs incurred to connect to city water and sanitary sewer lines. 4.10 Trail easement in favor of the city on Lot 1, Block 7, Lafayette Woods (19496 Vernon Street NW). 4.11 Resolution 16-81 authorizing an agreement to purchase the release of state highway easements located at the intersection of U.S. Highway 10 and Joplin Street NW. 4.12 Planned Unit Development for Elk River Machine as outlined in the staff report. 4.13 Separation agreement with Park Maintenance Worker Amy Borst as outlined in the staff report. Motion carried 5-0 Mayor Dietz noted the downtown tree lighting ceremony has been rescheduled to Saturday, December 3, 2016, at 5:00 p.m. due to Elk River High School playing in the state football tournament this Saturday. S. Open Forum Deb and Roger Whiteoak, 20927 Elk Lake Road NW - indicated when their final plat request was approved by the City Council in October they were unaware it contained recommendations from the Parks and Recreation Cormilission for Park Dedication Fees and an easement. The VAincoaks stated they are confused on why the easement is being requested because the Parks Master Plan does not include a trail on their side of the road. They outlined their position as described in their handout this evening. Mr. Carlton explained 20 -feet is the standard trail easement width but this property has slopes which creates an unknown on how much easement will be necessary to complete the trail. He stated this request has already been approved by the Parks and Recreation Commission and City Council and suggested the Whiteoaks submit a new application and go back through the process if they are unhappy with the conditions. Mr. and Mrs. Whiteoak indicated they would be willing to submit a new application if necessary. Council consensus was to waive the application fee. Mayor Dietz informed the Whiteoaks it would be helpful for them to attend the Parks and Recreation Commission meeting when this is discussed. Ms. Whiteoak admitted they were naive to the process but have learned a lot. roe[et1 ei hVIATUR� City Council Minutes Page 3 November 21, 2016 6.1 City of Elk Mver Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Katie Shatusky, Volunteer of the Month for November. He noted the following volunteering accomplishments: • Elk River Boys and Girls Club remodel project (Beneficial Finance Company event) • St. Paul Boys and Girls Club remodel project (HSBC Company event) • junior Achievement classroom volunteer • Big Brothers Big Sisters "Big Sister" • ISD #728 Curriculum Educational Program Advisory Board ■ Thumbs Up High 5K (non-profit) 6.2 Manufacturing Video The Council viewed a portion of the Student to Career Manufacturing video. 7.1. Setback Variance: Michael & Rosie Reger — 19538 Xhany Street NW Mr. Leesberg presented the staff report. Mayor Dietz opened the public hearing. Rosie and Mike Reger, 19538 Albany Street NW — stated they are requesting a side yard setback variance for a deck. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Westgaard explained these types of requests are tough because the homeowner isn't always aware of setback requirements. He noted in this case there is an alternative presented and although it may not be ideal, he is leaning towards denying this request so as to not impact neighbors or set a precedent for this type of request. Mayor Dietz concurred adding it is important to maintain setbacks due to the potential impact of neighboring houses. Councilmember Westgaard also concurred the variance request could have a huge impact on the neighboring property. Attorney Beck stated Council should direct staff to prepare a Resolution of Denial and bring it back for formal adoption. PUC.'EAE0 BY ATURE City Council Minutes November 21, 2016 Page 4 Moved by Councilmember Westgaard and seconded by Councilmember Wagner to direct staff to prepare a Resolution of Denial of the request by Michael and Rosie Reger for a side yard setback variance at 19538 Albany Street NW. Motion carried 5-0. 7.2 Ordinance Amendment: City of Elk River to ANow Decks in Wetland Buffer Setback 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 Burandt and seconded by Councilmember Olsen to adopt Ordinance 16-24 amending Section 30-1852, Performance Standards of the Elk River City Code. Motion carried 5-0. 7.3 Sprint/Veteran Signworks — 19179 Freeport Street NW ■ Conditional Use Permit: Amend Elk Park Center Planned Unit Development Agreement Relating to Signage 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. Councilmember Wagner questioned how this would affect businesses along Highway 10. Mr. Carlton explained this request only affects the Elk Park Center Planned Unit Development Agreement. Attorney Beck added this request is consistent with all properties zoned C3. Moved by Councilmember Burandt and seconded by Councilmember Westgaard to approve the Conditional Use Permit to amend the Elk Park Center Planned Unit Development language to be consistent with the wall sign regulations of the C-3 zoning district. Motion carried 5-0. 7.4 Pauline Clark — 611 Xenia Avenue NW Zone Change: R-Ic (Single Family Residential) to R -2b (Two - Family Residential) 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. llp-r C'Efl®lt UP, City Council Minutes November 21, 2016 Page 5 Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt Ordinance 16-25 rezoning certain property from R -lc to R -2b. Motion carried 5-0. 7.5 Spectrum High School — 11044 Industrial Circle NW • Conditional Use Permit: Expansion of Institutional Use Mr. Carlton stated the applicant submitted significant changes to the request after the site plan review meeting and after the public hearing was noticed. He indicated staff and the applicant agreed to delay this request for a month to ensure proper review. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to December 19, 2016 Moved by Councilmember Wagner and seconded by Councilmember Olsen to continue the public hearing for the Conditional Use Permit request by Spectrum High School until December 19, 2016. Motion carried 5-0. 7.6 City of Elk River • Ordinance Amendment: Define Outdoor Storage 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 Burandt and seconded by Councilmember Olsen to adopt ordinance 16-26 amending Chapter 30 defining outdoor storage. Motion carried 5-0. 8.1. Westwood Subdivision Eagle Scout Project Mr. Hecker recognized Parks and Recreation Commissioner/volunteer coordinator Dave Anderson for overseeing the Eagle Scout projects. Mr. Hecker introduced Eagle Scout Tyler Hamilton. Mr. Hecker presented the staff report. He explained there are many encroachments including sheds, docks, dilapidated boats, snowmobiles, and other junk located on the property. Mayor Dietz questioned how sheds, docks, etc. in the public right-of-way will be handled. Mr. Hecker explained staff will send letters including a timeline for the items to be removed. He added staff will work with Mr. Anderson and Mr. Hamilton to figure out an appropriate timeframe. He stated staff will attempt to locate the owners of the boats and snowmobiles. P0ISA/�1RI1 0T i URN. City Council Minutes November 21, 2016 Page 6 Mayor Dietz questioned if the city has liability if the owner of a shed in the right-of- way doesn't respond. Attorney Beck indicated the city can enter into an agreement with Mr. Hamilton to remove the junk. He added the city may wish to enter into agreements with property owners who have docks and sheds in the city right-of-way if they are kept there. He stated this is a great project but cautioned it will raise the issue of private property in the public right-of-way. Mayor Dietz questioned if property lines will be determined prior to property owner notification of clean up. Mr. Anderson stated yes, a survey will be conducted before proceeding with the project. Mayor Dietz stated he would prefer staff meet personally with owners of sheds and docks in the right-of-way. Councilmember Westgaard stated he does not want Mr. Hamilton out dealing with upset homeowners. Council concurred. Lavina Hoselton, 12964 Meadowvale Road NW — stated she hates all the junk on this property and believes this could be a great neighborhood gathering place. She indicated there are natural springs along the right-of-way so a trail may be difficult. She added the potential trail could be very close to her house and she worries about snowmobiles, noise, and parties if it's opened up to the public. She suggested having a meeting to inform the neighborhood of the project. Councilmember Wagner stated the area will look great once the project is complete and questioned the long term maintenance plan. Mr. Hecker explained the hope is to get volunteer park stewards, but if not, it will be maintained by staff. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Eagle Scout project proposed by Tyler Hamilton as outlined. Motion carried 5-0. 8.2 Development Agreement for Miske Meadows Mr. Carlton presented the staff report. Mayor Dietz questioned past practice with other developers. Mr. Carlton stated this request would be a deviation from past practice. P 0 1 F A F 1De r NNATU ! City Council Minutes November 21, 2016 Page 7 Councilmember Westgaard questioned why it's critical to have small utilities installed prior to issuance of a building permit. Mr. Ruprecht stated this requirement is outlined as part of the city's standard development agreement. He explained how homes not finished by move in time creates issues for the city and the person who purchased the house. He further explained people are not always aware of the requirements so they may not be aware they won't be able to move in until gas, electric, etc are installed. He added this procedure was established based on past experience. Mayor Dietz concurred with staff's recommendation. He stated the standard development agreement has been good enough in the past and questioned why it is not good enough for this developer. He questioned if this has been an issue with other developers. Mr. Beck indicated he is not aware of any other request to amend this language. Councilmember Westgaard questioned if it has always been this way. Mr. Beck explained the city had bad experiences in the past with the big growth spurt and this condition came from staff addressing those issues. Alan Roessler, Paxmar development team, 3495 Northdale Boulevard, Coon Rapids — stated they are looking for the requirement for the installation of small public utilities to relate to the issuance of the Certificate of Occupancy rather than building permits. He explained developers don't have control over the timing for the installation of small utilities and he feels like waiting could hinder their development. He stated the scenario Mr. Ruprecht is concerned about is the very worst case scenario. Councilmember Wagner stated if the city's only concern is the perception to the buyers if they cannot be issued a Certificate of Occupancy maybe the city could require the developer to notify homeowners they cannot move in until small public utilities are installed. Mr. Roessler indicated they already disclose tist information to the builders but have little control over what information the builders pass on to the homeowners. Mayor Dietz suggested rather than change city policy, have the developer submit exception requests to staff for Council consideration. Mr. Ruprecht stated this could work from his end. Mr. Roessler stated if Council would agree to increase the model home permit limit from five to 8 or 10, they are willing to withdraw their request for building permits to be issued earlier. P0F. iR10'' A1Y IV�N. City Council Minutes November 21, 2016 Page 8 Mr. Carlton indicated the developer was approved for three model home permits with the first development agreement and five with this development agreement. He explained model homes are normally used as a tool to sell homes but he feels like approving more model home permits will move away from the intention of model homes and instead be used as a tool to allow earlier building. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to amend the proposed Development Agreement to allow eight model home permits. Motion carried 5-0. 8.3 Summary of City Administrator coal Portner's Performance Evaluation Mayor Dietz read a statement summarizing Mr. Portner's performance evaluation. 8.4 Summary of Parks Maintenance Worker Amy Borst's Performance Evaluation Mayor Dietz read a statement summarizing Ms. Borst's performance evaluation. Recessed 7:41p.m. to go into work session. Reconvened at 7:49 p.m. 9.1 Downtown Parking, ReguE&Vons, Permitting and Decorative Lighting Mr. Portner presented the staff report. Downtown Parking Regulations and Permitting Mayor Dietz stated he agrees with removing the parking signs, getting rid of fees, and not enforcing. He added it bothers him that employees and some business owners park in the spots that should be for customers but the city has no control over this. He added the city made a good faith effort to enforce parking but employees got wise and figured out ways to avoid the requirements. Fred McCoy, McCoy's Pub — stated the idea isn't to get rid of parking permits but to stop charging for the permits. Councilmember Olsen noted there are costs associated with staff issuance of permits. He agreed there should be a designated employee parking area. Mayor Dietz indicated the cost to issue permits is minimal. He questioned if the permits can be changed to not expire. Chief Nierenhausen stated this would still need to be monitored. Chief explained he is trying to understand why permits would be required when there is no fee and the area is not monitored. He noted all downtown businesses would need to be in agreement to make this work and he is not hearing that agreement. P01E1E1 0Y f ATURE City Council Minutes November 21. 2016 Page 9 Councilmember Wagner indicated she is on the Downtown River's Edge group as a business owner and she has put a lot of thought into this issue. She suggested having the Downtown River's Edge group come up with a permitting process instead of the city taking care of the permitting and enforcement. She feels in order for this to work it would have to be a partnership between the Chamber of Commerce, the EDA, and the Downtown River's Edge group to show the effects on business if no parking is available. She believes if many of the businesses were aware of the economic impact of leaving the front parking spaces for customers they may be deterred from parking there or allowing their employees to park there. Mr. McCoy concurred with Councilmember Wagner. Mr. McCoy requested the city leave the employee parking signs up and the Downtown River's Edge group will inform all businesses of the change in the parking rules. Tim Dolan, downtown business owner — agrees with Councilmember Wagner's idea of the Downtown River's Edge group taking over permitting and enforcement. He added parking is a bigger issue when the city holds large events downtown, such as the Farmer's Market and the concerts. The Council concurred with the Downtown River's Edge group taking over the permitting and enforcement and for staff removing the 2-3 hour parking signs. Downtown Decorative Lights Councihnember Wagner indicated there is no clear understanding on who maintains the decorative lights. Ms. Othoudt indicated the Downtown River's Edge group paid $400 towards the lights and agreed to maintain them for a year, which has expired. Councilmember Wagner stated she gets feedback from people saying they like the lights. She called Rainbow Holiday Design and received a new quote. She explained the quote was approximately $3,000 for 123 light strands (100 for the trees and 23 for the light poles) with maintenance billed at $75/hour as needed. Councilmember Olsen questioned if lights could be eliminated from the trees. Councilmember Wagner indicated she would rather see the light poles wrapped than the trees. Mr. Dolan concurred adding lights on the trees seem to cause issues. Consensus of the Council was to eliminate the lights on the trees. Mr. McCoy stated he seems to recall money set aside for downtown beautification. PP0itEREB8Y bk 19 AJ E City Council Minutes Page 10 November 21, 2016 Ms. Othoudt indicated there is money budgeted to implement a downtown beautification plan. Mr. Pormer added the money is for a one-time purchase and he would prefer for ongoing costs such as lights to come from the General Fund if the Council decides to fund. Mayor Dietz questioned if the Council funds a set amount for the lights and maintenance if the Downtown River's Edge group would be willing to cover the remaining amount. Councilmember Wagner stated she believes the group would be willing to make a financial contribution. Council consensus was for Mr. Pormer to bring back a recommendation to Council to include an amount for lights in the annual budget and work with the Downtown River's Edge group to maintain the lights. Staff time Mr. Pormer stated a large amount of staff time is spent attending and contributing to the Downtown River's Edge group meetings. He explained the city does not provide that level of staff participation for any other group or organization and questioned what level of support the Council is comfortable providing. He suggested one staff member be designated to receive and direct inquiries from the Downtown River's Edge group. Mayor Dietz indicated Ms. Othoudt seems like the natural person to attend the meetings and she can disseminate the information accordingly. He noted he doesn't feel that more than one staff person needs to attend the meetings. Councilmember Wagner explained Ms. Othoudt is definitely an asset to the group but Mr. Benoit is an asset as well since the Downtown River's Edge group has many partnerships with the parks and recreation Department. She suggested having Mr. Benoit and Ms. Othoudt alternate attending meetings. Mr. Pormer stated those two employees will alternate attending based on the agenda and disseminate information as necessary. 9.2 2017 Budget Ms. Ziemer presented the staff report providing updates on the General Fund budget and proposed tax levy. 9.3 Pinewood Proposals Discussion Mr. Pormer presented the staff report. He stated two proposals were received and reviewed both proposals as outlined in the staff report. �vot�tete er City Counci] Minutes November 21, 2016 Page 11 Councilmember Westgaard stated he is leaning towards the Elk River Golf Club proposal because he is familiar with their staff and track record and the proposal allows the city more control. He added he has some concerns regarding the proposal, which could be worked out prior to approval. He noted nothing in the proposal says it has to be a long term contract and both parties have the option to evaluate after two years. He expressed interest in making a decision soon so Pinewood can be operational by spring. Mayor Dietz questioned how equipment maintenance would be handled. Chris Singer, Elk River Golf Club manager, stated there would be a maintenance schedule and repairs would depend on the agreement and the course superintendent. He added the golf course superintendent would take very good care of the city's equipment. The potential of sharing equipment was discussed. Councilmember Burandt stated she is also leaning towards the Golf Club proposal because she isn't in favor of selling the property and has too many questions about the second proposal. Councilmember Wagner indicated she believes the power of the Elk River Golf Club's brand could help get Pinewood operational successful in the future. Elk River Golf Club representatives explained bow Pinewood reopening is a positive for the Elk River Golf Club because it acts as a gateway to the Elk River Golf Course as golfers gain experience. Mayor Dietz indicated he is much more comfortable with the Elk River Golf Club proposal now that some issues have been explained. He understands the city will have to provide some funding but his goal is to minimize city's losses. He concurred the reputation of the Elk River Golf Club could go a long way in helping Pinewood be profitable. He stated he would like to see an agreement in place for potential issues with the equipment, adding he is in no way questioning the integrity of the Golf Club staff. Mayor Dietz indicated there is a golf course in Grantsburg, Wisconsin run by volunteers and questioned if Mr. Singer would be agreeable to using volunteers. Mr. Singer stated he is not opposed to the idea but would want to discuss further. Mayor Dietz indicated volunteers could be run through the city's volunteer coordinator. Mayor Dietz questioned who would set the green fees. City Council Minutes November 21, 2016 Page 12 Mr. Singer indicated this could be discussed. He added he believes it would be beneficial to meet to discuss various issues. Mr. Singer noted liability insurance is included in the proposal but this will also need to be discussed. Council consensus was for the city administrator to meet with the Elk River Golf Club and work out details and get all questions answered moving towards entering into an agreement. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:28 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk I011RtI 11 NALURE