04-03-2017 CCMMeeting of the Elk River City Council
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 recited.
3. Consider 04/03/2017, Agenda
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
Olsen to approve the following consent agenda:
4.1 March 6 and March 20, 2017 minutes.
4.2 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 owner; 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.
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April 3, 2017
Page 2
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)].
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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 Ells 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.
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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.
B.I. Resolution Supporting Local Decision-making Authority
Mr. Portner presented the staff report.
Moved by Councihnember 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.
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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
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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
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Chief Cunningham presented the staff report.
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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.
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Mr. Portner further noted staff cant 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
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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.
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