12-19-2016 CCMMaetung of the Elk Mveir Chitty Council
Held at the Eddy River 0ty 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 12119/ 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
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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.
S. 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 Titre Dolan. He noted the following volunteering accomplishments:
■ Community Aid Elk River (CAER) food shelf volunteer
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• 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.
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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.
T. I. 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
fb) Conditiona0 Use Permit: Oft -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:
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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 PersonslSpikes 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 Councihnember
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.
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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. 30-564
(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 and trails 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.
Tim Dolan, 13467 212`h 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
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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.
7.5 Menard, Inc. — 19521 Evans Street NW
■ Preliminary Plat: Menards Second Addition
■ Conditional Use Permit: Amend Hillside Crossing 11 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 11 Planned Unit Development language relating to signage.
Motion carried 5-0.
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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
■ 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 — 1 1044 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.
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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 adopt Resolution 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.
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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 AllovyMg Auto Rating Facilities to Obtain a
Liquor License
Ms. Allard presented the staff report.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to adopt Ordinance 16-31 Amending 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 16-32 Amending 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.
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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
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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
■ 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.
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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 Iong-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. Partner 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.
Counciltnember 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.
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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
-il at 9:41 p.m.
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