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4.1. DRAFT MINUTES 05-01-2017 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, April 17, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Senior Planner Zack Carlton, Park Planner Chris Leeseberg, City Attorney Peter Beck, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Arena Manager Rich Czech, and Executive Secretary/Deputy City Clerk Jessica Miller 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 6:32 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 04 /17/2017 Agenda Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve the April 17, 2017, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the following consent agenda: 4.1 Minutes  April 3, 2017, Regular  April 10, 2017, Board of Appeal and Equalization 4.2 Check register, check numbers 9892 and 101147-101321 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Temporary sales/storage of fireworks license to TNT Fireworks to sell fireworks June 20, 2017, through July 5, 2017, from a tent in the parking lot of Walmart, 18185 Zane Street NW, with the following condition:  Inspection of the outside sales area will take place prior to opening to the public. Applicant is responsible for contacting the fire marshal at 763.635.1110 to schedule an inspection after the tent has been set up. 4.5 Planned Unit Development Agreement for River Park Meadows. City Council Minutes Page 2 April 17, 2017 ----------------------------- 4.6 Accept the low bid and authorize the execution of a contract with North Valley, Inc. for the construction of the 2017 Trail Improvement Project. 4.7 Elect not to waive the statutory tort limits for liability insurance. 4.8 Resolution 17-18 rejecting all bids received for the Wayfinding Signage project and direct the amendment of the plans for re-advertisement. 4.9 Economic Development Authority Microloan Fund Program Policy. 4.10 Economic Development Authority Tax Abatement Policy update. 4.11 Economic Development Authority Jobs Incentive Microloan Program and Policy. 4.12 Approve the construction of a natural surface single-track trail at Hillside City Park. 4.13 Purchase of one Daktronics football scoreboard for the Oak Knoll Athletic Complex and six Daktronics multi-sport scoreboards for the Youth Athletic Complex. 4.14 Execute an easement for stormwater drainage purposes and direct staff to record the easement with Sherburne County. Motion carried 5-0. 5. Open Forum Jim Acers, Executive Board of Boy Scouts of America Central Minnesota Council, th distributed an invitation to the Council for the 14 annual Friends of Scouting Leadership Breakfast. 6.1 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Sandy Leese, Volunteer of the Month for April. He noted the following volunteering accomplishments:  CAER food shelf volunteer for more than four years.  Stocks shelves, packs and weighs special delivery boxes at CAER.  Works all hours CAER is open each week.  Shows care for the well-being and staff at CAER. 7.1. Conditional Use Permit: Automobile Sales, Cheapest Cars Ever LLC, 17242 Ulysses Street NW 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 Westgaard to approve the conditional use permit request for automobile sales City Council Minutes Page 3 April 17, 2017 ----------------------------- by Cheapest Cars Ever LLC, 17242 Ulysses Street NW, with the following conditions: 1.The Conditional Use Permit shall not be recorded until all conditions have been completed. 2.The authorized use shall not begin until the Conditional Use Permit is recorded. 3.The applicant must apply for and receive approval of all required permits before any construction may begin. 4.The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 5.Auto repairs shall not be allowed. 6.Parking stalls shall be striped in accordance with City Ordinance, Section 30-892. 7.The number of dealers shall be limited to one (1). 8.No more than 5 vehicles may be displayed “for sale” on the subject property. Motion carried 5-0. 7.2 Zone Change from R-1c to R-2b: Dale and Anne Beaudry, 617 Xenia Avenue 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 adopt ordinance 17-05 rezoning certain property from R-1c (single- family residential) to R-2b (two-family residential) with the following conditions: 1.A rental license for the existing multi-family building be applied for and approved by May 31, 2017. 2.Prior to issuance of a rental license, the trash containers must be screened and relocated to a point at least 10 feet from the property line. 3. All vehicles must be parked on an approved surface meeting required setbacks. Motion carried 5-0. 7.3 Zone Change, Conditional Use Permit, and Plat: Beaudry Truck Shop, Proctor Avenue Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There was no one to speak to this issue. City Council Minutes Page 4 April 17, 2017 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Ovall to continue the public hearing to May 15, 2017. Motion carried 5-0 7.4 Conditional Use Permit: Agricultural Animals, Michael Swanson, 21310 Brooks Road NW 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. 7.5 Conditional Use Permit: Digital Changeable Copy Sign, Out Front Media, 18050 Zane Street NW 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 Ovall to approve the conditional use permit request by Out Front Media, with the following conditions: 1.The CUP shall not be recorded until conditions three and four have been satisfied. 2.The CUP is not a building permit and all required sign permits must be approved by the building department prior to any construction activities on site. 3.Staff approval of the final survey and sign location. 4.Staff approval of landscaped plans and specifications outlining compliance with the standards set forth in Sec. 30-871(8). Motion carried 5-0. 7.6 Conditional Use Permit: Institutional Use, Spectrum High School, 17823 Industrial Circle NW 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 approve the request by Spectrum High School for a conditional use permit with the following conditions: 1.The applicant must apply for and receive approval for all required permits before any construction may begin. City Council Minutes Page 5 April 17, 2017 ----------------------------- 2.Capacity of the school, combination of all three facilities (17796 Industrial Circle, 11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed 1,000 students. 3.No school related parking shall be permitted on the adjacent public street. 4.Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 5.Fees, as determined by the applicant and city, shall be collected in lieu of taxes for a period of four years. Motion carried 5-0. 7.7 Zone Change and Conditional Use Permit: Apartment Building, Briggs Companies, 6 Street and Jackson Avenue th 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 Westgaard and seconded by Councilmember Wagner to adopt ordinance 17-06 changing the zoning of PID 75-134-2303 from R-4 (multi-family residential) to PUD (planned unit development). Motion carried 5-0. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the request by Briggs Companies for a conditional use permit to establish a planned unit development for a multi-family development with the following conditions: 1.Approval of the CUP does not constitute building permit approval. The applicant must apply for and receive approval of a building permit before construction may begin. 2.The CUP will not be recorded until the Zone Change has been filed with the county. 3.Staff approval of updated landscape, grading, stormwater, site plans, and building elevations. 4.A PUD agreement shall be drafted and approved by the City Council prior to issuance of a building permit. 5.If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP date of issuance, the permit shall expire and become void. Motion carried 5-0. 7.8 Easement Vacation: Pipe Portfolio, 1340 6 Street NW th Mr. Carlton presented the staff report. City Council Minutes Page 6 April 17, 2017 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Attorney Beck explained staff has been dealing with Forterra on this issue but received an email today from Pipe Portfolio indicating they may have concerns with language in the utility easement document. He recommended the City Council approve the requests before them this evening with the understanding the easement document may come back before Council if there are issues. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 17-19 vacating utility easements with the understanding the resolution will not be recorded until a replacement easement document is in place. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 17-20 to quit claim deed a portion of a vacated right-of-way. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the new Grant of Permanent Easements Agreement and authorize staff to make minor changes to legal descriptions as needed. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve the Utility and Ingress Access Easement Agreement connecting Quinn Avenue and the city water tower property and authorizing staff to make minor revisions as needed with substantive changes coming back to Council. Motion carried 5-0. Councilmember Ovall questioned if liability insurance limits are appropriate for use of the city water tower property. Attorney Beck stated he will discuss with Elk River Municipal Utilities staff and increase if necessary. Mr. Beck indicated he would like Council authorization to increase the limits if necessary and bring back to Council if Forterra has an issue. The Council agreed. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the License Agreement granting Forterra (Pipe Portfolio) permission to store materials and park on portions of the city-owned water tower property and direct the city attorney to check with Elk River Municipal Utilities to insure insurance limits in the agreement are appropriate. City Council Minutes Page 7 April 17, 2017 ----------------------------- Motion carried 5-0. 7.9 Simple Plat: John Lenz, Elk River Screw Job Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Jim Neilson, real estate attorney representing Mr. Lenz – provided a history of the property. He stated he believes it was the city’s error the original condition was not complied with and believes the city should overlook the requirement for Mr. Lenz to acquire Outlot B or the city should acquire Outlot B. Attorney Beck explained he does not recommend compounding the issue by approving the plat without meeting the condition requiring direct access to a city street. He noted the conditions of approval are a matter of public record and the applicant should have been aware the condition existed. He recommended continuing this item for a month giving the applicant time to acquire the appropriate frontage. Mayor Dietz asked if Attorney Beck and Mr. Neilson could work the issue out in a month. Mr. Beck indicated he hopes so. There was no one else to speak to this issue Moved by Councilmember Westgaard and seconded by Councilmember Olsen to continue the public hearing to May 15, 2017. Motion carried 5-0. 7.10 Ordinance Amendment: Keeping of Chickens in Residential Areas Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There was no one to speak to this issue. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to continue the public hearing to May 15, 2017. Motion carried 5-0. 7.11 Ordinance Amendment: Wetland Setback Regulations 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. City Council Minutes Page 8 April 17, 2017 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt ordinance 17-07 amending the city’s zoning code to eliminate the wetland setback requirements for fencing and maintained vegetation on parcels platted prior to June 19, 2006. Motion carried 5-0. The City Council recessed at 7:44 p.m. in order to go in to work session. The Council reconvened at 7:50 p.m. 9.1. Concept Review: Trace Heights 2 Addition nd Mr. Leeseberg presented his staff report. Justin Moody, applicant – indicated he is not in favor of constructing a temporary cul-de-sac to full specifications because of the cost. He would prefer to construct a temporary cul-de-sac with barricades as he has done in other communities. The Council discussed concerns with traffic movements (backing up, plowing, etc.) if street C is not made into a cul-de-sac. Mr. Moody stated he would be willing to restrict driveways off of street C. Mr. Leeseberg explained staff’s concern is many times the homeowner wants the driveway oriented to make the backyard larger which would require a driveway off of street C. Mr. Moody indicated he doesn’t even have to stub the street in if not required. He added street C wouldn’t have to be plowed if no driveways are present. Mayor Dietz indicated he would be comfortable with a barricade rather than a cul-de-sac as long as no driveways are on the street. Mr. Moody indicated Outlot A will hold drainage water. Consensus of the Council is for street B to be a cul-de-sac and for staff to work with the applicant on the street C configuration. 9.2 Discussion on Ordinance Amendment Related to Outdoor Storage Mr. Carlton presented his staff report. Mayor Dietz expressed concerns with future ramifications of changing the ordinance and allowing outdoor storage without a principal use. The Council expressed concerns with this parcel’s close proximity and visibility to Highway 10. City Council Minutes Page 9 April 17, 2017 ----------------------------- Ryan Hardin, representing the applicant – explained at this point the applicant is only requesting a zone change and the Council would consider a Conditional Use Permit at a later date in which they could impose conditions the applicant would be required to comply with. He distributed photos showing outdoor storage throughout the city. Attorney Beck indicated the Council doesn’t always have full discretion on approval or denial of Conditional Use Permits. Mr. Beck suggested imposing a super setback requirement on the property. Various options were discussed and it was noted even with a super setback, the applicant would be required to apply for a variance to use more than 50% of their land area for storage. Mr. Carlton indicated staff spoke to the applicant about applying for an Interim Use Permit; however, the applicant was looking for 20-year approval and the city’s Interim Use Permits have typically been five years or less. Council consensus was for staff to discuss the super setback/more stringent screening requirements with the applicant and to bring the request back. 9.3 Chamber of Commerce Building Improvements Representatives from Mitlyng Designs presented proposed plans for the Chamber building as commissioned by Chamber representatives. It was noted the estimated cost for the improvements as proposed is $350,000-$400,000. Mayor Dietz questioned who pays for the improvements. Mr. Portner explained the lease dictates the lessee is responsible for upkeep and maintenance but believes it could be a possible cost-share opportunity. Mayor Dietz questioned if it makes sense to sell the building to the Chamber. Ms. Rydberg explained the Chamber is not in a position to own property and it doesn’t make sense for a Chamber this size to own the building. Mayor Dietz indicated he is not sure how taxpayers would feel about funding the Chamber improvements. He noted he is not downgrading the Chamber but wants to be fair to other entities in the city. Ms. Rydberg explained the Chamber is an economic development tool for the city. She added it’s the first place many people stop when they are looking at Elk River as a potential home. Mr. Portner added it would remain a city-owned facility. Councilmember Wagner suggested improving the building to be an energy showcase. Councilmember Westgaard wanted to explore the possibility of the city funding the improvements and the Chamber reimbursing the city through the lease. Mayor Dietz questioned if the Chamber could afford an increase in their lease payment. Ms. Rydberg explained the Chamber would be looking at a capital campaign, grant options, and in-kind donations to help defray the costs. City Council Minutes Page 10 April 17, 2017 ----------------------------- Mr. Portner explained the plans are just in concept at this point and details will be worked out later. He noted the city has stricter requirements regarding bidding and in-kind services can be difficult to work in to the public bidding process. He noted an option is for the Chamber to make the improvements and request funding from the city. Councilmember Ovall stated this property is the gateway to the city and he would like additional information before proceeding including information on setbacks and the Comprehensive Plan. Councilmember Olsen stated he believes location is important and this is a good investment. Council consensus was to pursue moving forward with the proposed improvements as presented and for the city and the Chamber to work on funding options. 9.4 Recreation Facilities Plans and Cost Estimates Mr. Portner presented the staff report. He stated the discussion this evening is for the Council to decide on how they wish to proceed and funding will be discussed at a later date. Adam Barnett, JLG Architects reviewed facility concerns, improvement options, and community needs for Lions Park Center and the Senior Activity Center. Tom Betti, 292 Design Group reviewed options for the Ice Arena redesign. Discussion took place regarding renovating the current Senior Activity Center, moving senior services to Lions Park Center, or relocating senior services to the YMCA. The Council discussed potential costs with each option. Councilmember Wagner stated she favors relocating senior services to the YMCA. She explained the YMCA is looking for ways to expand on daytime programming and she believes the seniors will fill that gap. She added it has been made clear to the YMCA the city would be expecting the same or improved programming. Mayor Dietz indicated he believes the YMCA may be the most cost effective location as the city’s annual operating costs may be reduced. Councilmember Ovall explained he is not completely sold on a partnership with the YMCA; however, he would be in favor of seeing the current Senior Activity Center put back on the tax roll. He also noted he would like to see an investment in Lions Park. The consensus of the Council was they favored entering into a partnership to relocate senior services at the YMCA. Mr. Portner indicated staff will move forward with discussions with the YMCA; however, the project will depend on funding. Councilmember Olsen concurred. City Council Minutes Page 11 April 17, 2017 ----------------------------- Mayor Dietz noted if senior services are moved to the YMCA he would be in favor of completing the Lion’s Park softball improvements as shown in option 1B. Councilmember Westgaard noted after renovation, the Ice Arena may be a suitable location to relocate the Lions Club if Lions Park Center is no longer maintained. Mr. Portner added the city will find community space for the Lions Club. Mr. Hecker indicated Lions Park Center is used for recreation programming and if the building is no longer maintained portion of programming will need to be relocated or discontinued. Councilmember Westgaard indicated he feels like the senior services portion of the proposal is the only one the Council can move forward with at this point because the Ice Arena and Lions Park proposals hinge on the school district’s plans. Council consensus was approval of the Ice Arena concept as presented contingent upon the school district’s approval of the plan. Mayor Dietz noted the cost to individual tax payers will be a huge factor in his decision. Mr. Portner explained the cost should be less than the estimated referendum. He stated he will work with staff and put together plans and discuss with other stakeholders. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:09 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk