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4.1. DRAFT MINUTES (2 SETS) 04-17-2017 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, April 3, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Fire Chief T.John Cunningham, Recreation Manager Steve Benoit, Building Official Bob Ruprecht, Planning Manager Zack Carlton, and City Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recit 3. Consider 04/03/2017, Agen' a Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the April 3, 2017, agenda. Motion carried 5-0. 4. Consider Consent Agenda " , , % Moved by Councilmember Westgaard and seconded by Councilmember N4.2 n to approve the following consent agenda: March 6 and March 20, 2017 minutes. Check register, check numbers 9889-9891 and 101006-101146 as outlined in the staff report. 4.3 Special event permit for the Officer Besser Memorial 5K scheduled for Saturday, May 13, 217, with the following conditions: 1. The event planner is required to notify all property owners abutting the race route. The city will provide a template of the notice that must be distributed. The city will also provide a list of the property owners who must be notified. Event planner must submit an affidavit that the notice was distributed. 2. Walkers/runners are to utilize sidewalks, trail systems, or road shoulders throughout the entire route. No road closures will be permitted. It is each runner's responsibility to ensure the streets/intersections are safe prior to crossing. The applicant shall designate race marshals to monitor the race route and participants. City Council Minutes Page 2 April 3,2017 ----------------------------- Race marshals shall staff the following intersections: ■ Mississippi Road and Boston Street ■ Mississippi Road and Concord Street ■ Mississippi Road and Denver Street ■ Mississippi Road and Fresno Street ■ Gary Street crosswalk to Orono Park 3. ERPD will provide two reserve police officers/community service officers to assist with traffic control for the race. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least three weeks in advance to arrange for police services. Those officers will be at Orono Road and Mississippi Road,Joplin Street and Business Center Drive, and at the end of the race near the City Hall complex crosswalk. 4. The race staging area is the half circle in front of the Police Department/Fire Department (see map). Everything must be removed from the staging area by the end of the day. ■ Participants are to gather in the staging area. ■ Vendors are to be in the staging area on black top. ■ Participants are not to block the main City Hall complex entrance near Officer Besser's memorial tree. ■ Participants are not to block the Police or Fire entrances. ■ Participants are not to park in the Library parking lot. Participants may park in the City Hall complex parking lot or on Orono Parkway. ■ The city will provide orange cones to block off the staging areas. 5. Portable toilets will be allowed behind City Hall near the trail/lake but must not block the trail and must be removed no later than Monday morning. 6. Applicant shall be responsible for garbage clean-up immediately following the race. Applicant may bring in additional trash receptacles to the City Hall campus. The location must be approved by staff and the receptacles must be removed no later than Monday morning. 7. No paint allowed anywhere on trails. Chalk or cones may be used. 4.4 Library Master Agreement Contact 17-04 with Great River Regional Library as outlined in the staff report. 4.5 Transient merchant license to Allen Pantelis to sell kites, ground spinners, wood carvings, etc. from the parking lot of Wash-n- Fill, 18296 Zane Street MW,weekends May through September, subject to the following conditions: 1. One 24- square foot sign shall be allowed. A temporary sign permit must be obtained prior to display of the sign. Contract the Planning Department at 763. 635. 1000. 2. The merchandise displayed shall not occupy more than 100 square feet [Section 38- 414 (6)]. P 0 W I R I D 9 Y otmaA UREI City Council Minutes Page 3 April 3,2017 ----------------------------- 3. Applicant must remain on the asphalt surface and no product shall be displayed in landscaped areas. 4. No electrical services shall be across any drive of walking surface. 5. If traffic becomes a problem around the temporary site, the sales area shall be delineated with a barrier to restrict traffic. 6. The area shall be maintained free of debris and kept in an orderly condition. 7. Trailer shall be no larger than 8x12. 8. No signage may be posted on the trailer. 9. Trailer to be parked overnight only as shown on the site plan. Overnight parking is limited to Friday through Sunday of the sales weekends. 4.6 Public improvements constructed as part of the development known as Prestigious Woodland Hills Third Addition. 4.7 Resolution 17-14 Acknowledging Contributions from the Friends of the Library. 4.8 Agreement Contract 17-06 with BNSF for concrete plank extension at the Main Street Crossing. (Crossing Surface Installation Agreement) 4.9 The low bid and authorize the execution of a contract with North Valley, Inc. for the construction of the 2017 Street Improvement Project. 4.10 Resolution 17-15 authorizing an Interfund Loan for Pinewood Golf Course Startup Funds. 4.11 On-Sale and Sunday Liquor License to 54 Inc. DBA Sammy Perrella's Pizza & Restaurant, valid until June 30, 2017, contingent upon receipt of a food establishment license. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Acknowledge Contribution by The Bank of Elk River Mr. Hecker presented the staff report and introduced Bill LaVigne and Julie Schreifels,The Bank of Elk River representatives. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt Resolution 17-16 acknowledging contributions from The Bank of Elk River. Motion carried 5-0. Councilmember thanked the bank for their contribution. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve Contract 17-05 with The Bank of Elk River. Motion carried 5-0. p 0 W I R 1 9 ® r NATURE] City Council Minutes Page 4 April 3,2017 ----------------------------- Mayor Dietz presented the proclamation to Mr. LaVigne and Ms. Schreifels. 6.2 Proclamation: National Mayor's Day of Recognition for National Service Mayor Dietz read a proclamation regarding National Service. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to proclaim April 4, 2017, as National Mayor's Day of Recognition for National Service in the City of Elk River. Motion carried 5-0. 6.3 Proclaim April 5, 2017, as Elk River Girls' Basketball State Championship Day Mayor Dietz read and presented a proclamation to the Elk River High School girls' basketball team. Council handed out city pins. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to designate April 5, 2017, as Elk River Girls' Basketball State Championship Day in the City of Elk River. Motion carried 5-0. 8.1. Resolution Supporting Local Decision-making Authority Mr. Portner presented the staff report. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to adopt Resolution 17-17 supporting local decision-making authority. Motion carried 5-0. 8.2 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Olsen requested a discussion with the Lake Orono Association Mr. Portner noted future staff meetings are set up with the Association before a Council work session will be scheduled. 9. Council Liaison Updates Mayor Dietz questioned when the bollard work in the library parking lot would be completed. It was noted Mr. Femrite was following up with parks staff. Council recessed at 6:59 p.m. in order to go into work session and reconvened at 7:04 p.m. NATURE] City Council Minutes Page 5 April 3,2017 ----------------------------- 10.1 Northern Tiny Home Builders Concept Review Mr. Carlton presented the staff report. He noted staff is looking for Council's thoughts regarding the variety of uses requested. Mr. Carlton further stated the applicant is requesting to live on the site in a tiny home but city ordinance states a single-family residential dwelling on an I3 (General Industrial) zoned lot must be located within a building serving the principal use of the property which is no less than 10,000 square feet in size. He noted the applicant is proposing a 2,160 square foot building. Council questioned why the city requires a building to be greater than 10,000 square feet in order for someone to live in it. Council questioned if there are other examples in the city where people are living in spaces that don't currently meet the requirement. Mr. Carlton stated there are some legal non-conforming uses in the city because the ordinance was created after they had already been living in their facilities. Mr. Ruprecht stated he doesn't know the history for the requirement but notes per the building code it triggers a sprinkler system requirement in certain uses. He stated if you change the ordinance to allow a living space next to a non-sprinkled building there could be potential issues regarding separate living spaces and firewalls. He stated if it is changed it would need to be reviewed from a safety aspect. Council asked the applicant if landscaping materials would be stored on the site. Jay Hagelberg, applicant representative, stated no,because the materials would go directly to a client's home. Councilmember Wagner questioned how much trailer repair would be allowed in the I3 district. She expressed concerns with the applicant working on a certain number of trailers and not rotating through them,then the property becoming a junkyard and coming back to Council due to complaints. Mr. Carlton stated the applicant would be refurbishing buses and building tiny home trailers. There would be no maintenance or engine work completed. He stated if the applicant is not currently working on a trailer/bus,he would put it in the outdoor storage area which is proposed to be screened by an 8-10 foot fence. Mr. Hagelberg confirmed Mr. Carlton's comments. Councilmember Westgaard expressed concerns with the location becoming an RV or mobile home park due to certain state laws. He questioned if restrooms would be required at the site and whether the Council wants to allow a person to live at his place of business. He further questioned if the wastewater and drinking water would POWERED 9r UREJ City Council Minutes Page 6 April 3,2017 ----------------------------- be governed the same as an RV,per state laws, or as a business/personal home in a zoning district. Mr. Carlton noted the city would require restrooms for the business so they would need a septic system or be tied into city sewer and water. It was noted the applicant is proposing a rain water collection process and alternative systems as means of providing potable water to the site. This system will need to receive state approval Councilmember Westgaard stated he is not opposed to the concept but would like more information regarding the residential requirement. He further stated it doesn't make sense for every business. He noted examples where it would make sense for residential such as a bait shop or above a pub in the downtown district. Mr. Carlton agreed and questioned why a residential use would be allowed in an industrial district in the first place. Councilmember Wagner expressed concerns with allowing residential use in this zoning district due to unintended consequences that could occur. She expressed concerns with living on the site and effects to surrounding neighbors. She also expressed concerns with the water system. She stated she would be willing to review further. Councilmember Olsen stated fencing should remain in place but questioned why the septic and well couldn't be shared with the models. Mr. Hagelberg stated maintaining a green footprint is important to him. Councilmember Ovall stated he struggles with having the living component in the I3 district due to the different dynamic it would bring to the area. He questioned if the use could be forced to go away if this business sold at a future date. He stated he is undecided but would be willing to review further. Mr. Carlton explained the conditional use process and how it is tied to the property and not the owner so the use would remain with the land if the property sold. He stated if the conditional use were inactive for 6 months, then the use goes away. Councilmember Westgaard noted the Council can set a limit for having one person residing at the site,which may alleviate a concern for suddenly having 15 people living in various tiny homes. Council consensus was to move forward with a review of the ordinance for a possible amendment noting it would be non-binding. 10.2 Blight and Code/Permit Enforcement UREJ City Council Minutes Page 7 April 3,2017 ----------------------------- Chief Cunningham presented the staff report. Mayor discussed further the issue of one concerned homeowner whom he told he would bring this item forward for Council discussion. Councilmember Wagner expressed concerns with the city dictating how someone's house should look and the amount of staff time involved with implementing more stringent policy. She suggested leading by example. Councilmember Ovall concurred. He stated you can't legislate prosperity,this is a cultural matter. He stated the city should be utilizing its plans (comprehensive, etc.). He stated this issue reinforces exploring some Housing and Redevelopment Authority initiatives further. Councilmember Westgaard concurred. Councilmember Olsen expressed concerns with allowing chickens (a future ordinance amendment currently under review) and rental properties,which could create more code enforcement concerns. Council consensus is to leave the current ordinance as it stands. 10.3 Building Permit Process Chief Cunningham presented the staff report. Mr. Ruprecht discussed the building process. He stated if someone calls about current activity at a location, staff will act on the complaint by visiting the site. He stated it is difficult to act on a past permit violation without any other evidence other than a complaint. He stated if a homeowner complains about a contractor who did work incorrectly, and the contractor didn't pull a permit, staff will track down the contractor. He stated code violations are a misdemeanor. He stated he discussed the matter with the State and they typically go after the contractor and not a homeowner. He noted there is a fine line of when you can act on an issue or complaint without evidence. Council noted it can be difficult to determine if a building permit is needed if the city doesn't know what specifically is happening. Mr. Portner stated a building permit fee is based on the work being completed but the city doesn't know the work or who the responsible party would be in this situation. Mr. Ruprecht noted the property owner has a history of pulling permits. Chief Cunningham stated the city would be required to show a burden of proof to get authorization from a judge to access the home. POWERED 9r UREJ City Council Minutes Page 8 April 3,2017 ----------------------------- Mr. Portner further noted staff can't inspect behind a wall or under a floor to see if work has been completed properly. He stated there is a Mechanic's Lien on the property so staff could send a letter asking for an explanation of the allegations. It was noted staff could make contact with the homeowner to see how open they are to discussing the allegations. Mr. Ruprecht stated staff can review the situation if the homeowner invites the city. He noted if a contractor is not licensed,he is not sure how they could be located. Council directed staff to send a letter to the complainant stating the city is looking into the issue. Mr. Portner stated Council could consider a point of sale type program to catch these types of issues. 10.4 Proctor Avenue Redevelopment Mr. Carlton presented the staff report. He noted he needs direction to solicit appraisals. Mr. Femrite stated this project would allow the city to downsize some of its assets and future work slated for Quinn Avenue would go away. He discussed quiet zone timing and how the county's need for additional right-of-way along Proctor Avenue will pinch the properties. There was discussion regarding access, timing, and quiet zones. Councilmember Westgard stated it makes sense to explore options. Mayor Dietz concurred. Councilmember Wagner expressed concern with properties,highlighted in red on the map,not involved in the discussion at this point. She expressed concern for the impact to the applicant and how long this may hold up his project because the city wants to do something different. Mr. Carlton stated he has talked with the applicant who stated he sees the benefit for the changes. He stated the applicant has been okay with a delay for the time being but knows he can move forward with his current application at any time. JL Brickman,builder for the applicant, stated he,and another consultant counseled the applicant to not wait on his project. He stated the applicant really wants to work on the whole plan the city has envisioned because it will be better for him and the community. He further stated the applicant is under a time crunch and the city needs POWERED 0Y UREJ City Council Minutes Page 9 April 3,2017 ----------------------------- to move as quickly as they can. He stated if it takes too long they will move forward with their application. Annie Deckert, consultant, stated the applicant is concerned with what will happen with the offices and convenience store and their access on the east side of Proctor Avenue. Mr. Femrite stated the county is doing a traffic study. Mr. Carlton stated the county engineer participated in a meeting regarding this project and there is an understanding of wanting to know where the access points will be located on Proctor Avenue and what the applicant would hope to see to his benefit. He stated the reason for the one month delay is to work with the county engineer regarding the location of the east/west connection and to acquire the appraisals. JL Builder stated the applicant liked the original county plan because of the alignment of the access for the applicant and his businesses on the east side. Mr. Femrite stated the city has an opportunity to make this right in order to meet current and future needs. Council consensus was to obtain appraisals for three parcels - 706 Quinn Avenue, 707 Proctor Avenue, and 709 Proctor Avenue. II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:02 p.m. John J. Dietz,Mayor Tina Allard, City Clerk UREJ City of Elk Meeting of the Elk River Board of Appeal and Equalization River Held at Elk River City Hall Monday, April 10, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, and Ovall Members Absent: Councilmember Westgaard and Wagner Staff Present: Deputy City Clerk Jessica Miller and Recording Secretary Jennifer Johnson Also Present: Assistant County Administrator/Commercial Assessor Dan Weber, County Assessor Greg Olson, Residential Appraiser Krista Thoe, Residential Appraiser Beth Boysen,Agricultural Specialist Kristi Botzek, and Appraiser Shelly Maloney I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Board of Appeal and Equalization was called to order at 6:00 p.m. by Mayor Dietz. 2. Board of Appeal and Equalization Greg Olson, Sherburne County Assessor,indicated the purpose of the Board of Appeal and Equalization is to consider and review 2017 estimated market values and property classifications for taxes payable in 2018. Information was presented on the assessment procedures and statistics for the City of Elk River 2017 assessments.__ The Board of Appeal and Equalization heard appeals as outlined below: 1. Marilyn Larsen, Parcel Identification Number 75-710-0034 Ms. Larsen was appealing the 2018 proposed value of her townhome of$145,000. She purchased the unit for$118,000 in 2015 as a foreclosure and replaced the carpet, painted two rooms, and installed two appliances. She currently rents the property. Mr. Olson explained that the average sales in her plat were around $135,000 but based upon the condition of the home when purchased and the fact that the repairs were made before January 2,he would consider lowering the value of the house by 5%,lowering the home from $109,700 to $104,200. Moved by Councilmember Olsen and seconded by Councilmember Ovall to adjust the value of the parcel 75-710-0034 from $109,700 to $104,200 (building) as recommended by the county assessor. Board of Appeal and Equalization Minutes Page 2 April 10,2017 ----------------------------- Motion carried 3-0. 2. Chad Creed, Parcel Identification Number 75-530-0210 Mr. Creed was appealing the proposed property tax for his property for 2018 of $133,400. He had questions regarding the fluctuation in value in 2016 at$129,600 and reduced in 2017 to $124,600. He indicated he replaced the furnace and air conditioner, as well as replaced toilets,but stated the windows and exterior siding of the home are in poor condition and needs to be replaced. Mr. Olson explained Mr. Creed's home received a physical visit from the county on May 14, 2015 and the value was decreased to $124,600 based upon that visit. His property then received the standard 7%increase for 2018 that was applied for Elk River. Mr. Olson didn't recommend lowering the value. Moved by Councilmember Olsen and seconded by Councilmember Ovall to make no change to parcel 75-710-0034. Motion carried 3-0. 3. Smit Family Limited Partnership #3, Parcel Identification Number 75- 129-4400 Mr. Olson distributed a handout on the above parcel. Moved by Councilmember Ovall and seconded by Councilmember Olsen to adjust parcel 75-129-4400 from $47,400 to $25,600 as recommended by the county assessor. Motion carried 3-0. 4. Chad M. and Jacqueline P. Banack, Parcel Identification Number 75-978- 0260 Mr. Olson distributed a handout on the above parcel. Moved by Councilmember Ovall and seconded by Councilmember Olsen to adjust parcel 75-978-0260 from $104,000 to $78,000. Motion carried 3-0. 5. Held, Kathleen A Held Living Trust, Parcel Identification Number 75- 838-0110 Mr. Olson distributed a handout on the above parcel. NATURE] Board of Appeal and Equalization Minutes Page 3 April 10,2017 ----------------------------- Moved by Councilmember Ovall and seconded by Councilmember Olsen to adjust parcel 75-838-0110 from $101,000 to $55,300 as recommended by the county assessor. Motion carried 3-0. 6. Christopher Allen, Parcel Identification Number 75-673-0420 Mr. Olson distributed a handout on the above parcel. Moved by Councilmember Ovall and seconded by Councilmember Olsen to adjust parcel 75-673-0420 from $402,599 to $364,586 (improvements) as recommended by the county assessor. Motion carried 3-0. 7. SBH Properties, LLC, Parcel Identification Number 75-811-0125 Mr. Weber distributed a handout on the above parcel. Moved by Councilmember Olsen and seconded by Councilmember Ovall to adjust the zoning classification of this parcel from agricultural to commercial, as recommended by the county assessor. Motion carried 3-0. 3. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River Board of Appeal and Equalization at 6:38 p.m. Minutes prepared by Jennifer Johnson. John J. Dietz,Mayor Tina Allard, City Clerk POwIHE9 8Y NATURE