04-17-2017 CCMMeeting of the Elk Kiver City Councii
Held at the Elk River City Hall
Monday, April 17, 2017
Members Prescrit: M.ayor Dietz, Councili-neinbers 01scii, Ovall, \X`estgaard, aml \Va-igncr
Members Absent: Noiic
Staff Preselm City Adni-Mistraior C"alviri Pormcr, Scnior Planticrt- Zaclk Carltoii., P Irk
Planner. (."Dins Leeseberg, City Attomcy Pctcr Beck, Ilarks atid
Iiccreatlon Director Michael Hecker, Recreation NI-an-ager :etc,, c
Benoit, Arem -Nlariager Rich Czech, and Secretary /Dcl-niti-
Ciry, Ocrk.jessica Miller
Pursuant: to due call aiid noticc thereof,, ffic: mectirig of the FIlk River CIt), ("'okincil
,xas called tea order at 6:32 p.m. bV Mavor Dietz.
f
Pledge of Allegianes
Tlic 111cdge of %IlcgI,,.mcc was reciied.
Emz��
Moved by Councilmemlicr Wagner avid seconded by Councilinember, Ovall to
approve the April 17, 2017, agenda. Motion carried 5-0.
4. Consider Consent Agen4m
Moved by Councilmernbet West acrd and seconded by Councilmember Ovall
to approve the following consent agenda.-
4.1 Minutes
City Council Nfirmtes Page 2
April 17, 2017
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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.
91002.1��
Jim Acers, I �Accutive Board of Boy Scouts of America Central Minnesota Council,
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
tlicMonth. for April. 1-1c noted the following N,olunteering,,tccomplishi-ntints;
10 (A FR food shelf volunteer for more than four years.
• Stocks shelves, packs and weighs special delivery boxes at CA F'A
• Works all hours CAI,"R is open cachxeck.
• Sho,ws care for the well- being acid staff at CAE',R.
7. 1. Conditional Use Permit: Automobile Sales, Cheapest Cars, Ever LLC.
172,4,2, Ulysses Street NW
Mr..Lecsel.)crg 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
I X
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&NAWTURE
Pagv 3
%pnd 17, 201-
Motion carried 5-0.
1.2 Zone Change from R- I c to R-2b: Dale and Anne Beaudry, 617 Xenia
Avenue
I
1r. Lceseberg presented the staff report.
Nlayor Dietz opcncd HIC INANIC 11CRI-Iflg' ThCfe beln�Y no olle to speak [o tjrj"s jSStle,
Ntqot Dietz closed flic public hearaig,
Moved by Councilmember Westgaard and seconded by Councilmembet
Olsen to adopt ordinance 17-05 rezoning certain property from R-Ic (single-
family residential) to R- 2b (two-family residential) with the following
conditions:
1. A rental license for the existing inulti-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.
I 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
NIrd J,e.cs'cI)erg presetited the staff report.
NbYor D1"CfZ frlaeraccl OIC INANIC ht,arltig, There w..is r one to speah to this ISSLIC.
City Council 'Nfinutes Page 4
.,kpill 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 Uls,e Permit: Agricultural Animals, Michael Swanson,
213 10 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, 1805;0 Zane Street NW
Mt. Ixesebcrg 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.'I'llere being no one to speak to this issue,
Ma��or 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.
p 0 X V R I I I I
NAWTURE
Cil� Councfl Nfimacs
pril 17, 20 7
PIge 5
Motion carried 5-0.
7.7 Zone: Change and Conditional Use Permit: Apartment Building, Brig
Companies,, 6" Street and Jackson Avenue i
Nir, C'arltoiq. preset-ited the staff report.
Mayor Dietz ()PCIrled the 1-)Lll:)IiC hearin?, There beiiig tio mie to spcal< tci this 1'�ISLJCI
Nlayor Dietz closod the public hearifig.
Moved by Councilmember West are and seconded by Councilffiernber
Wagner to adopt ordinance 17-06 changing the zoning of PID 75-134-2303
from R-4 (multi-family residential) to PUD (planned unit developinent).
Motion carried 5-0.
Motion carried 5-0.
7.8 Easement Vacation: Pipe Portfolio, 1340 61h Street NNa
Nir, Carlton prcseiited the staff report.
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NAIVRE
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City Council Minutes
April 17, 2017
Page 6
Mayor Dietz, opened the public hearing. 'there being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Attorneys Beck explained staff has been dealing with F'orterra on this issue but
received an crnail 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 easenient
document may come back before Council if there are issues.
Moved by Councih-nember 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 Counciftnember 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 Civall questioned if liability insurance limits are appropriate for Use
of the city water tower property, Attorney Beck stated lie will discuss with F."Ilk 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 Councibnember Westgaard and seconded by Counciftnember 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.
C'lq ( 'ouncil Minales Page
Pril IT, 20 1
Motion carried 5-0.
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N,fr, Carlton present-eci the staff report.
iNlallor Dietz opened the public hearing.
Jim Neilson, real C'StatC attoruCV representing NJr. Lenz — provided a history of the
property ). I f stated lie befieves it was the cii-Ys error the origfinal condition was not
complied NN71th and believes the cITY should overlook the requirernerit for 1\4r, Lenz to
acquire Oink)t 11, (W the CuT should acquire ( )Ljtlot B.
Attorney Beck explained lie does not recon-itnend corripoundilig the Issue b%,
approving the plat without tricelting the condition requiring direct access to a citi,
street, He. noted the conditions of approval are a inatte• of public record and the
applicant should have been aware the condition evasted. lie rccorninendcol
contininni, this item for a nI giving the applicant tirric lo acquire the appropriate
frontage,
,\Ja��or Dietz asked if'Attornq Beck and Nfi-, Neilson could work the issue out- li'l a
roilonth, !\Jr. Beck indicated lie hopes so,
There %%,-,.1,s no oric else to Speak to this issue
Moved by Councilmernber West acrd and seconded by Councilmernber
Olsen to continue the public hearing to May 15, 2017.
Motion carried 5-0.
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N,lr. Carlion presented the staff repom
-Nlai,,()j- Dietz opened the public hearing. "There was no one [o) spc,,tk to this isslic'.
Moved by Councilmerriber Wagner and seconded by Councilrnembcr
Westgaard to continue the public hearing to May 15, 2017.
Motion carried 5-0.
]\,It-. C"arlton ]-.irescined the staff report.
,,,lea -or Dietz opened the public hearing. J'he•c being, no one to Speak tea this Issue,
)i in
,�Ltvor I ietz closed the public heari
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P 0 V I R I
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City COU1161 Nfinutes
April 1-7, 2017
Page 8
Moved by Councihnembcr Westgaard and seconded by Councilmember
OC lsen 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
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 corrinivini'lles.
The Council discussed concerns with traffic movements (hacking; up, plowing, etc.) if
street C is not made into a cul-de-sac.
Mr, Moody stated lie would be willing to restrict driveways off of street C_ Mr.
Leeseberg explained staff's concern is many times the honicowner wants the
driveway oriented to inake the backyard largcr 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, tie
ylor
added street C wouldn't have to be plowed if no driveways are preset -it, Nfia
I Dietz
indicated he would be comfortable with a barricade rather than a cul-de-sac as long
as no driNTways arc on the street.
Mr. Moody indicated Outlot A will hold drainage water.
Consensus of the Council is for street B to be 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 ofchang; ng the ordinance
arid allowing outdoor storage without a principal use.
The Council expressed concerns with this parcels close proximity and visibility to
fig
ghway 1l1.
P 0 V I R I I I V
I NATUREI
4XWR�
CH OLUld \Iinulcs
April F, 2017
Page 9
Ryan Hard.in, representing the applicant — cxplaflied at this point the ay.)plicant is
only rey,icsting as xone change arld the C.OU1101 WOUld c.(tnsider,;.i ('"'onditional Ulse
1) ertnit at a hater date in which they could impose conditions the applicant WOUld be
required to comply with. He distributed photos shoNN,ing outdo(,)r storage throughout
the cite .
Attorney, Beck indicated the Council doesn't always have full discretion on tipproval
or denial of Conditional U.sc Perinits, Nit. Beck suggested imposing a super setback
requireirient on the pre pert.y. Various Options were discussed and it was noted even
M"ith a super setback, the applicant would be required to applY, for it variance to usc
more than 5W/0 (�:)f theii° land area for storage.
M r. C';
I .1arlton indicated staff spoke to the applicant about applying for an Interim C:se
Permit; lj(ffi"C\rCj-, the applicant wvas loc)lilng for 20--year approval and the citr,`s
Intern-n Uise Permits have. . ty)ically been five years or less.
Council consensus was for staff to discuss the super setback/more stringent
screening reclUtrClIlents v7lth the applicant and to bring the request back.
9.3 Chamber of Commerce Building Improvements
Repr•sentatives frorn Mitlyng Designs presented proj)oSed 1)],
tjrjs for the (.1arriber
building as COMMISSiol)Cd I)V rept"esentatives, It Nk",JS uoted flIC est.
ixti.1jed
cost for the irnj-.)rovctrwnts as proposed is $350,000-$400,000
Mayor Dietz (111('stjoue(ll who pays f'(,)i- the iniprovenients. Mr. Portner explaincd the
lease clict,,iics the lessee Is responsible for upkccp and na.mntcnance but believes it
COUld be "i possible Cost-sharc: OPJ)017111111h'.
Mayor Diets clucstioned if- it makes sense to sell the building, to the Chanlber. Ms.
Rydberg explained the Chamber is not in a position to owri property and it doesnt
tnake sense for a Chanitrwt this size to mvii the [wilding.
Mayor Dietz indicatcd he is not sure how taxlxiyers r xould feel about funding the
(.11arriber iniprovernents. f le notcd he is not do-wng-i-ading the Chamber but wanis to
he fair to other critiries in the city. ills. Rydberg explaffied the Chainber is an
econornic development tool for the city. She added it's the first place many people
SJOI-) VAIC11 die), are looking at L'Ak River as a potcritial home, Mr. Portner added it
Would reirialn a city owned fiacifity,.
W"yj1er suggested 12-11pro-wing flic building to be an energy showcase.
Counctlinernber Wcstgaard wanted to, explorc the possibility of, tlue city ftinding the
iinprovements and the Charnber reimbursing the city through the leasc, Mayor
Dietz, qUCS6011ed if IhC C."liarn[wr could afford an i.ticrease In their lease payinent. Ms.
RYdberg eNplained the (.AiarrA)cr would be looking at a capital carnpakign, gralit
options, and M-kind donations to help defi-aly the costs.
cit1' Council Minutes
April 17, 2017
Page 10
Mr. Portner explained the plans arc: 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
all option is for the Chamber to make the improvements and request funding from
the city.
Councill-netriber OvaU 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.
Counciliuctilber Olsen stated he believes location is important and this is a good
investment.
Cc,,)uncfl consensus was to pursue moving forward with the proposed improvctricuits
as presented and for the city and the Chamber to work can funding options.
1, .' I # 0 7
Mr. Partner presented the staff report, He stated the discussion this evening is for
the Council to decide oil ]low they wish to proceed and funding "vffl be discussed at a
later date.
Adarn Barnett, ILL Architects reviewed facility concerns, irnprovenlent options,
and community needs for Lions Park Center and the Scnior Activity Center,
Tom Betti, 292 Design Group reviewed options for the Ice Arena redesign.
Discussion took place regarding renovating the current Senior Activity (.],cilter,
Moving senior services to Lions Park Center., or relocating senior services to the
YN4CA. The Council discussed potential costs with each option.
Clouncilmerubcr Wagner stated she favors relocating senior sere -ices to the YMCA.
She explained the YM(.".A is looking for ways to expand on daytime prograllin-ling
and she believes the seniors will fill that gap. She added it has been made clear to the
YNICA the city would be expecting the sans or imy.).roved progran-inwilg. Mayor
Dietz jildicated he believes the YMCA nlav be the most cost effective location as the
city's annual operating costs tiloy be reduced,
Councilnicniber Ovall explained lie is not completely sold on a partnership with the
Y-NICA; however, lie would be in favor of seeing the current Senior Activity Center
put back on the tax roll. I le also noted Ile would like to see an. investment 111 ].,lolls
Park.
The consensus of the Council was the), favored entering into a partnership to
relocate senior services at the YTNICA. Mr. Partner indicated staff will move f6rword
with discussions with the YMCA; however, the project will depciad oil fund-ing.
Councfltnember Olsen concurred.
IP' 0 W f X R I I I I
&NAWTURE
CitY COL11161 MIDWCS
prd I ', 201
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Mayor- Metz noted if senior serviu.,s are nwwcd to Ac )TRIA he wyWd be in favor
of comouting the I Arm's INS softball mynn-uments as shomm it option "Ili.
Councill-nernber Nvestgaard rioted Wet renovaticm, the Ice luena max, be a Qtalflc
Wcation a) rehmue the I ions UWj I I-Ims Park Antur is no longer, maintained Mr.
Portriet- added the city will find coninium . t� space for the Lions Club�
Mr. Hecker hdicated Ilms Park Center is used for recreation progranitiving and if
the build ng is no longer nuintained pokon of pirogramming will need to be
relocated or discominued.
C,ouricilinetrtbcr VIest-gaard indicated he feels like the senior sei- ;Aes portion of the
proposal is the only one the Council can nNwe forward With at this I-)Oint IVC,,,ILISC the
Fee A rena and I ions Park proposals hbgc on dw schmA dAtrict' s plams.
C"ouncil consensus mms amnowd of die Ice Arena Concept as presented contingent
upon the school district's approv-al of the plan.
Nl"cw lNem noted the cost to indbidual tai Pa) ergs Will bC 0 hUgC filCtOr in ]'its
n
election, NIn 1)(nuwr exp6hied the cost NMI be As Mn dw estitnatul
reGnenclum. Fie stated he uAl work Adi suffand l')Llt t,0gCthCT Plans and discuss
with other stakeholders.
1][11,111111UTRI , I i,
"l here being no farther Shies, Mayor Dium adnnurred the erecting of the I A
Rhvr City (Amind to I N09 Fixii.
MiTIMCS prepared byjessica Miller,
i J, Y)i,tz, Ni. or'
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Tina �ity Clerk
[F I 17"F-R-F-D -7 T
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