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4.1. DRAFT MINUTES 01-03-2017 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, December 19, 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, Senior Planner Chris Leeseberg, Planner BrieAnna Simon, Planning Manager Zack Carlton, City Attorney Peter Beck, Environmental Technician Kristin Mroz, and City Clerk Tina Allard 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 7:01 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited 3. Consider 12/19/16 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 Minutes  November 7, 2016, Regular  November 17, 2016, Closed  November 21, 2016, Regular  December 5, 2016, Regular 4.2 Check register, check numbers 9878 and 99503-99708 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Annual license renewals as outlined in the staff report. 4.5 Adopt Resolution 16-84 making findings of fact and denying the variance application submitted by Mike Reger and Rosie Menth Reger City Council Minutes Page 2 December 19, 2016 ----------------------------- to allow a deck to encroach 4 feet into the required 10 foot side yard setback, Case No. V16-13. 4.6 Amend Agreement 16-04 a purchase agreement between the City of Elk River and Sherburne County for the purchase of real property located at the intersections of Highway 10, Joplin Avenue, and Business Center Drive. Resolution 16-85 authorizing acquisition of a portion of Old Highway 10 from Sherburne County 4.7 An amendment to a purchase agreement between the City of Elk River and E&R Investments, LLC for the purchase of real property located at the intersections of Highway 10, Joplin Avenue, and Business Center Drive. Resolution 16-86 authorizing conveyance of several properties located at southeast corner of US Highway 10 and Joplin Street. 4.8 Council appointments as outlined in the staff report. 4.9 Resolution 16-87 of the City of Elk River adopting the 2017 Compensation Plan for Non-Organized Employees. 4.10 Resolution 16-88 of the City of Elk River removing commitment of general fund balance for OPEB obligation. 4.11 Resolution 16-89 acknowledging contributions to the fire department. 4.12 Proclaim December 30, 2016 as Fae Jacobs Day in Elk River. Motion carried 5-0. 5. Open Forum Larry Toth, Housing and Redevelopment Authority (HRA) Chair, stated he was at the meeting on behalf of the HRA to thank outgoing Councilmember Burandt for her service on the HRA. 6.1 Proclamation: December 20, 2016, as Elk River Football Team 125 Day Mayor Dietz discussed the level respect he has observed from the football team for their coaches, teachers, each other, and for the game. He stated they are tremendous representatives of the Elk River community. He stated he was amazed by the Elk River crowd that attended the game and how the team instills pride and community. He stated the Council is proud of them and they should be proud of themselves. He read and presented a plaque to the coach. Council congratulated each team member and distributed city pins. 6.2 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to December Volunteer of the Month Tim Dolan. He noted the following volunteering accomplishments:  Community Aid Elk River (CAER) food shelf volunteer City Council Minutes Page 3 December 19, 2016 -----------------------------  YMCA board of directors  Elk River youth football board of directors  Elk River youth football and baseball coach  Feed My Starving Children volunteer  Friends of the Sherburne National Wildlife Refuge  Along with many other contributions 6.3 Recognition of Barb Burandt as Councilmember Council recognized outgoing member Burandt and thanked her for her service. The mayor read and presented her with a plaque. 6.4 Climate Adaption: Historical Perspectives, Presented by University of St. Thomas History Class Ms. Mroz presented the staff report. University of St. Thomas students presented a summary of their findings covering four themes: precipitation, temperature, disease, and migration. 7.1. ERX Properties – 21591 U.S. Highway 169 NW Mr. Leeseberg presented the staff report for both Item a) and b). a)Preliminary Plat: Aggregate Commercial Fifth Addition b)Conditional Use Permit: Off-Road Racing Facilities Mayor Dietz opened the public hearings for both items. There being no one to speak to these issues, Mayor Dietz continued the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the public hearing for both these item to January 17, 2017. Motion carried 5-0. 7.2 David Stiegler, 821 Upland Avenue Conditional Use Permit: Home Occupation (Woodworking)  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 Burandt to approve Conditional Use Permit, Case No. CU 16-31 with the following conditions: City Council Minutes Page 4 December 19, 2016 ----------------------------- 1.The city’s building official and fire marshal shall inspect the building for compliance with all state and local building codes. 2.The authorized conditional use permit shall not be recorded until the aforementioned conditions have been completed. 3.The authorized use shall not begin until the conditional use permit is recorded. 4.If the proposed work described in the application and conditional use permit has not been substantially completed within two years after the conditional use permit’s date of issuance, the permit shall expire and become void. 5.If the authorized use ceases for more than six months, the conditional use permit shall expire. 6.The hours of operation shall be limited to 7:00 a.m. to 6:00 p.m. 7.During business hours, all doors and windows shall be kept closed when building, assembling, or finishing activities occur. 8.No machinery shall be in operation while any doors or windows are open. 9.The level of noise from the building shall not exceed city ordinance levels. 10.There shall be no building, assembling, or finishing of products or material outside of the detached accessory structure. 11.All customer vehicles must be parked on site on an approved surface. 12.Paint and other finishes shall be disposed of in accordance with city and state regulations. 13.The building shall be subject to annual inspections of the fire marshal. 14.The applicant must apply for and receive approval for all required permits before any construction may begin. Motion carried 5-0. 7.3 Michael Persons/Spikes Lawn & Garden – 906 U.S. Highway 10 Conditional Use Permit: Two Changeable Copy Signs  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 Olsen to approve Conditional Use Permit, Case No CU 16-33 with the following conditions: 1.The authorized use shall not begin until the conditional use permit is recorded. 2.If the proposed work described in the application and conditional use permit has not been substantially completed within two years after the conditional use permit’s date of issuance, the permit shall expire and become void. City Council Minutes Page 5 December 19, 2016 ----------------------------- 3.If the authorized use ceases for more than six months, the conditional use permit shall expire. 4.The applicant must apply for and receive approval for all required permits before any construction may begin. 5.The signs shall be compliant with the standards set forth in Sec. 30-864 (e). Motion carried 5-0. 7.4 Roger Whiteoak – 20927 Elk Lake Rd Simple Plat  Ms. Simon presented the staff report. Mayor Dietz opened the public hearing. Deb Whiteoak, referred to the Parks and Recreation Master Plan and stated she doesn't feel it makes sense to have a trail on the east side of the road when there is already one on certain parts of the west side. She expressed concern for the 500 pine trees they planted in order to provide privacy from the busy road, which could be torn down at any time if the right-of-way easement is granted. She noted the small frontage of lots on her side of the road compared to the west side. She stated she was told the Master Plan is only conceptual and there is not a definitive plan as to where the trail will actually go. Roger Whiteoak, believes the trail makes more sense for the west side of the road. Dave Kallemeyn, representing the Parks and Recreation Commission, stated the Master Plan is a conceptual document andtrails are shown where it is felt they are valuable. He stated the commission would like to minimize trail crossings because County Road 1 is busy and a safety concern. Ho noted topography challenges with both sides of the road. He stated the Commission originally wanted a 20’ easement but settled for 10 feet. th Tim Dolan, 13467 212 Avenue, stated he is in support of the Whiteoaks. He stated there are 10 houses that are 50 feet from the road, topography is an issue, and the trail would be half the cost if installed on the west side of road. Mayor Dietz closed the public hearing. Councilmember Westgaard stated this is challenging for him because the city spends a lot of money on master plans that are supposed to be followed, but now we’re stating the plan is only conceptual. He stated the plan has failed its objective and it is not responsible of the city, if it doesn’t address where we have trails planned. He stated the Plan clearly shows the proposed trail along the west side of the road. He believes there is an existing trail on the west side of County Road 1 that covers half the distance so why would the city reconstruct it when 50% of the distance is already City Council Minutes Page 6 December 19, 2016 ----------------------------- completed. He stated he has difficulty understanding the rationale of the Commission for the easement and better answers are needed. He stated guiding documents have to be more definitive and not conceptual. He stated he would not support an easement. Councilmember Wagner noted staff and the Commission are not on the same page with regard to the easement. She stated the Commission needs to do a better job up front with applicants and not try and ask for things after the fact. She gave high remarks to staff. She stated a Master Trail Plan should begin in 2017 and would not support an easement. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 16-90 granting final plat for Whiteoak, Case No. P 16-22 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. Motion carried 5-0. 7.5Menard, Inc. – 19521 Evans Street NW Preliminary Plat: Menards Second Addition  Conditional Use Permit: Amend Hillside Crossing II PUD  Agreement Regarding Signage 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 Wagner to approve Conditional Use Permit, Case No. CU 16-32, to amend the Hillside Crossing II Planned Unit Development language relating to signage. Motion carried 5-0. City Council Minutes Page 7 December 19, 2016 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve Preliminary Plat, Case No. P 16-20, for Menards Second Addition. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Oslen to adopt Resolution 16-91 granting final plat for Menards Second Addition, Case No. P 16-06. Motion carried 5-0. 7.6 Briggs Companies – SW Corner of 6 Street and Jackson Avenue th Zone Change: Ordinance Amendment to Rezone Certain Property  from C-2 Office District to R-4 High Density 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. Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt Ordinance 16-28 amending the City of Elk River zoning map to rezone certain property from C-2 to R-4. Motion carried 5-0. 7.7 Spectrum High School – 11044 Industrial Circle NW Conditional Use Permit: Expansion of Institutional Use  Mr. Carlton presented the staff report noting the applicant has withdrawn the application. 7.8 City of Elk River Comprehensive Plan Amendment to City Land Use Map  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 Olsen to adopt Resolution 16-92 amending Figure 5-2, Land Use Map, of the Comprehensive Plan adopted May 19, 2014. Motion carried 5-0. City Council Minutes Page 8 December 19, 2016 ----------------------------- 7.9 City of Elk River Ordinance Amendment Relating to Structures in Right-of-Way  Moved by Councilmember Wagner and seconded by Councilmember Burandt to continue the public hearing to January 17, 2017. Motion carried 5-0. 7.10 Ordinance Amendment Allowing Staff Approval of Tobacco Licenses Ms. Allard 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 adopt Ordinance 16-29 Amending Chapter 26, Health and Sanitation, Article 11, Division 2, regarding tobacco licensing of the City of Elk River, Minnesota, City Code. Motion carried 5-0. 7.11 2017 Master Fee Schedule Ms. Allard 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 Wagner to adopt Ordinance 16-30 amending the 2017 Master Fee Schedule of the City of Elk River, Minnesota, City Code. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adoptResolution 16-93 of the City of Elk River approving Notice of Summary Publication of Ordinance #16-30, an Ordinance adopting the 2017 Master Fee Schedule. Motion carried 5-0. 8.1. 2017-2021 Capital Improvement Plan Ms. Ziemer presented the staff report. City Council Minutes Page 9 December 19, 2016 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt the 2017-2021 Capital Improvement Plan. Motion carried 5-0. 8.2 Ordinance Amendment Allowing Auto Racing Facilities to Obtain a Liquor License Ms. Allard presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt Ordinance 16-31Amending Chapter 6, Relating to Alcoholic Beverages, of the City of Elk River, Minnesota, City Code. Motion carried 5-0. 8.3 Ordinance Amendment Allowing Staff Approval of Solicitor, Peddler, and Transient Merchant Licenses Ms. Allard presented the staff report. Moved by Councilmember Burandt and seconded by Councilmember Wagner to adopt Ordinance 16-32Amending Chapter 38, Article VIII, Peddlers, Solicitors, and Transient Merchants of the City of Elk River, Minnesota, City Code to allow staff approval of licenses. Motion carried 5-0. --------------------------- Council recessed at 8:23 p.m. in order to go into work session. Council reconvened at 8:29 p.m. 9.1 Spectrum High School Mr. Carlton presented the staff report. Rick Peterson, Spectrum representative – Stated they want to work with the city and business owners, but still have a plan feasible for the school. Dan DeBruyn, Spectrum representative – Stated there is a need to find space for growth and the proposed 13 acre site of city-owned property has some benefits. He stated they are open to trying to work out a solution. Mayor Dietz questioned why the Economic Development Authority (EDA) is not interested in offering up the city-owned property to Spectrum. Councilmember Westgaard noted moving Spectrum from the Industrial Park to the Business Park does not solve any issues. He stated concerns were expressed with City Council Minutes Page 10 December 19, 2016 ----------------------------- traffic and interactions with neighboring businesses and, personally, he would prefer to find an alternative location for the school. He stated the city-owned property is a presentable option but he would like to continue to look at other options. Councilmember Wagner also noted the following concerns of the EDA:  Traffic st  Truck issues from the 171 Avenue area  Right-in, right-out access on a curve and hill from Tyler Street  Would still have a school located in an industrial or business park Councilmember Wagner questioned if this location would really solve Spectrum’s issue for today and in the future. She noted no one wants to lose the school. Vanessta Spark, Spectrum representative – Stated the school is currently full and has quite a large waiting list. She stated they would consider a two story building for seventh and eighth graders, some green space, and eventually a college and career/technology center. Mr. DeBruyn stated the current site works very well for them. He noted the school only has two peak traffic times. He stated they have $16 million invested in the current location and the city had made the decision to work with Spectrum. He feels the school has been a good investment for the city. He stated he has a really hard time envisioning trying to sell the two schools to move to the business park, for the price they had to pay for them. He questioned who is going to want a gymnasium and classrooms. Councilmember Westgaard commented many times private businesses have to make decisions and investments, but yet, after years of growth, you sometimes have to pick up and move. He stated they would like to find a solution that makes everyone happy. Mayor Dietz expressed concerns with the EDA not wanting to sell the city-owned land. Councilmembers Westgaard and Wagner questioned if there were other better options available and the city should consider them. Councilmember Wagner asked if the MnDOT parcel across the street could be an option. Mr. Carlton stated MnDOT is holding on to the parcel for long-term plans and it is currently utilized for road equipment staging. Mayor Dietz stated the city opened the door for Spectrum to move into the industrial park and it is not fair to now tell them they are done. Mr. Dolan suggested some vacant parcels along Line Avenue and Twin Lakes Road. City Council Minutes Page 11 December 19, 2016 ----------------------------- Mr. Carlton noted the location is zoned for Business Park. Mayor Dietz stated the city-owned property seems like a good fit because it has been a challenge to market due to its odd size and the power line easements. Councilmember Wagner stated she is not ready, at this point, to say okay to sell the city-owned property without further information. She expressed concerns with affects to area businesses, traffic, and future growth. She stated the Council needs to review the long-term vision for this entire area and for Spectrum. Ms. Spark questioned the city’s timetable because they need to make plans soon. Councilmember Wagner stated she understands the school needs some answers but she can’t provide a timeline at this moment without further review. Mr. Portner stated the city Comprehensive Plan lays out the density for this area and for Twin Lakes Parkway. He stated the road is intended for heavy traffic and is where you want to put a large flow of vehicles. He stated we know where the residential will grow where our municipal state aid funding is at. He stated we have the answer for what this is going to look like. Councilmember Wagner stated the challenge for her is that the Comprehensive Plan, when approved may not have included the school at its current location. She noted that things change and don’t always follow the plan. Staff noted the Comprehensive Plan was completed after Spectrum was in place. Councilmember Wagner noted the school wasn’t initially intended to be at its current location and now we are seeing today the consequences and changes as a result. She stated she needs to know what it means is Spectrum continues to grow and wants to be at 2,000 students. Ms. Spark stated the cap in their strategic plan for the next 7 years is 1,000 students. Councilmember Westgaard stated a solution may be to allow the expansion for the 7 years but to change the ordinance so everyone up front knows this is it and any continued growth will have to move offsite. Mr. Peterson noted another challenge with the green space. Councilmember Westgaard stated it might be best for them to stay at their current location and move into the available building to the west, but then Spectrum knows that in the future there needs to be a different plan at a different site. Ms. Othoudt stated they would continue to work with school. City Council Minutes Page 12 December 19, 2016 ----------------------------- Mayor Dietz stated he doesn't see a lot of options available. He stated if we don't want them at these locations we need to figure out other alternatives within Spectrum’s timeline. Council concurred. This item to come back on February 6, 2017. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:41 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk