05-15-2017 CCMMembers Present:
Members Absent:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, May 15, 2017
Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner
None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Planner BrieAnna Simon, Planner Chris Leeseberg, City Attorney
Peter Beck, Communications Coordinator RaeAnn Gardner,
Economic Development Director Amanda Othoudt, 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 6:14 p.m. by Mayor Dietz.
2.
3.
4.
Pledge of Allegiance
The Pledge of Allegiance was recited.
Consider 05/15/17 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve the May 15, 2017, agenda. Motion carried 5-0.
Consider Consent Agenda
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
approve the following consent agenda:
4.1 May 1, 2017, minutes.
4.2 Check register, check numbers 101481-101662 as outlined in the staff
report.
4.3 Pay estimates as outlined in the staff report.
4.4 A temporary on -sale liquor license to the Davis Darrow Meyer
American Legion Post 112 for June 9 and 10, 2017, with the condition
alcohol must be confined to an area enclosed by a fence with a
secured, controlled access and limited to the beer garden and
grandstand areas. Age verification is required and wrist band control is
recommended.
4.5.A Special Event Permit for the American Truck Historical Society
Minnesota Metro Chapter to hold a truck show on Saturday, June 17,
2017, subject to the following conditions:
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May 15, 2017
Page 2
1. On -street parking for customers only. All display vehicles must be
confined to GATR property.
2. No parking permitted on 171st Avenue.
3. Exterior sound systems/music must comply with the city noise
ordinance.
4. Applicant must notify area businesses of event and anticipated
increase in street parking. The city will provide a template of the
notice that must be distributed. The city will also provide a fist of
property owners who shall be notified. The event planner must
submit an affidavit showing the notice was distributed.
5. Prior to display, all temporary signage shall receive the appropriate
permit.
6. Applicant must contact Fire Marshal Cliff Anderson (763.635.1110)
(763.238-3489) during event set up for a walk-thru inspection of the
property to ensure proper accessibility to the buildings and
adjacent properties is maintained during the event.
4.5.B Special Event Permit for Broadway Bar and Pizza to hold a car show
on Sunday, June 11, 2017, subject to the following conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of property owners to
notify. The event planner shall provide an affidavit showing the
notice was distributed. The notification must address the
anticipated increase in street parking.
2. On -street parking is used for customers only. All display vehicles
must be confined to Broadway Bar and Pizza property.
3. Applicant must receive permission for use of any private property.
4. 167th Avenue must remain open to two-way traffic.
5. Liquor is only permitted inside the building and on the patio, and
must be strictly enforced by bar staff.
6. Exterior sound systems/music must comply with city noise
ordinance.
7. Applicant must contact Fire Marshal Cliff Anderson at 763.635.1110
(during regular City Hall business hours) prior to or during event
set up for walk-through inspection of the property to ensure proper
accessibility to the buildings and adjacent properties is maintained
during the event.
8. Applicant is responsible for garbage clean-up immediately
following the event.
4.5.0 A Special Event Permit for Zylstra Harley Davidson to hold special
events in 2017 as shown on Exhibit A, subject to the following
conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of property owners to
notify. The event planner shall submit an affidavit showing the
notice was distributed.
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May 15, 2017
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2. Inspection of the outside area shall take place prior to each outside
event when there is a tent. Applicant must contact Fire Marshal
Cliff Anderson at 763.635.1110 during business hours for an
inspection after the tent area has been set up.
3. The tent shall be removed within one day of the event and the site
returned to its previous condition.
4. Event parking shall not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
5. If traffic becomes a problem around the temporary site, the area
shall be delineated with a barrier to restrict traffic.
6. No electrical services shall be across any drive or walking surface.
7. All temporary signs shall receive a permit prior to display.
8. Alcohol sales/service must comply with all applicable local and
state laws.
4.6 Resolution 17-22 approving a State of Minnesota and Minnesota
Department of Transportation Limited Use Permit for a Non -
Motorized Recreational Trail.
Resolution 17-23 authorizing Agreement No. 1027153 with State of
Minnesota, Department of Transportation for Signal System Revisions.
4.7 Hire Melanie Crayford for position of Office Assistant in the Fire and
Building Safety Division effective May 31, 2017.
Motion carried 5-0.
Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to May Volunteer of the
Month Jennifer Meuller. He noted the following volunteering accomplishments:
■ Served two terms as Board of Director for Elk River Area Chamber
of Commerce.
■ Served on Three Rivers Community Foundation Board of Directors
■ Trout Brook Association board member.
■ Elk River Relay for Life volunteer.
■ Elk River Dugout Club active member.
■ Adopt -a -Park program volunteer.
■ Models for United Way annual fashion show.
■ Collects perishable food for CAER and CROSS.
• Donates gift certificates to elementary school carnivals and
graduation parties.
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May 15, 2017
6.2 Elk River High School Culinary Team Championship
Councilmember Westgaard introduced Coach Monique Sabby.
Coach Sabby provided a summary of the successes of the culinary team and is very
proud of the team.
Mayor Dietz read and presented a proclamation to the team. Council handed out Elk
River pins.
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to proclaim May 16, 2017, as Elk River High School Culinary Program Day in
the City of Elk River. Motion carried 5-0.
7.1. Zone Change, Conditional Use Permit, and Plat, Beaudry Truck Shop,
Proctor Avenue
Mr. Leeseberg presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to continue the public hearing to June 19, 2017. Motion carried 5-0.
7.2 Conditional Use Permit for Vehicle Sales, MJ Micek Transport, 522
Dodge 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.
Council questioned if Condition #3 should have the word "not" before
"substantially". The correction is noted in the motion.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve Conditional Use Permit, Case No. CU 17-10 with the following
conditions:
1. The authorized use shall not begin until all conditions are completed and
the CUP is recorded.
2. The city building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
3. If the proposed work described in the application and CUP is not
substantially completed within two years after the CUP's date of issuance,
the permit shall expire and become void.
4. If the authorized use ceases for more than six months, the CUP shall
expire.
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May 15, 2017
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5. The applicant must apply for and receive approval for all required permits
before any construction may begin.
6. The number of dealers shall be limited to one (1).
7. No more than 5 vehicles may be displayed "for sale" on the subject
property.
8. Auto repairs shall not be allowed.
Motion carried 5-0.
7.3 Simple Plat: John Lenz, Elk River Screw Job
Mr. Carlton presented the staff report.
Attorney Beck stated there is someone in the audience who would like to speak on
this matter.
Mayor Dietz reopened the public hearing.
Jim Nielson, 118 East Main Street — stated he is an attorney. He stated in 1990 the
city required two parcels to be combined with no authority to do so. He stated John
Lenz sold a piece of property to a developer who then platted the property. He
stated, for an unknown reason, they made a road within 3 feet of the south line of
one of Mr. Lenz's lots. He stated the city caught this but didn't have the surveyor
change the plat and instead had the developer deed Outlot B, which could have been
used as a public park. He stated this is an issue because instead of fulfilling the
requirement, the plat was put on record and a deed wasn't given. He stated he
believes the city didn't obtain a developer agreement. He stated a developer's
agreement, per city ordinance, requires the developer to agree to pay for all public
requirements, such as the road. He stated he assumes the city didn't get the
agreement and the developer didn't install the road. He stated the developer then
sold the property to a new party (Montgomery) who decided he wasn't going to pay
for the road. Mr. Nielson stated his client had to go to court to force the road
improvement by Montgomery. He stated the whole road was not installed. He stated
Mr. Lenz has a lot sold but the buyer may walk away because there is no plat. He
stated if the buyer walks, the city will have a lawsuit on their hands. Mr. Nielson
stated he has made proposals to the city attorney. He discussed an Easement in
Gross and a Pertinent Easement. He discussed differences between a public and
private road. He stated he can give an easement to the city for park, driveway and
utility and it is all the city needs to have the public easement
Mayor Dietz continued the public hearing.
Attorney Beck stated this matter has been deferred to the city's real estate attorney
and the city is doing its best to work out the situation. He stated the best solution is
to get Outlot B conveyed for public street purposes, like it should have been
previously. He stated the adjacent property owner was approached but is unwilling to
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deed it over due to previous litigation with Mr. Lenz. He noted the city is still within
the 120 day statutory deadline fox required action.
Council questioned the city's legal right to require the outlot be deeded when city
documentation, such as minutes, clearly state it is required.
Attorney Beck agreed with Mr. Nielson in that the outlot wasn't conveyed as it
should have been but, unfortunately, there is now a new owner attached to the
property.
Moved by Councihnember Westgaard and seconded by Councilmember
Wagner to continue the public hearing to June 19, 2017. Motion carried 5-0.
7.4 Preliminary Plat update: Miske Meadows, Paxmar LLC
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing.
Moved by Councihnember Wagner and seconded by Councihnember
Westgaard to continue the public hearing to June 5, 2017. Motion carried 5-0.
7.5 Ordinance Amendment: Outdoor Storage in the 1-3 District, Satellite
Shelters
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing.
Moved by Councihnember Westgaard and seconded by Councihnember
Olsen to continue the public hearing to June 19, 2017. Motion carried 5-0.
7.6 Ordinance Amendment: Keeping of Chickens
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.
Council discussed the public outreach for this item.
Ms. Simon noted the survey on the website was open to anyone, not specifically Elk
River residents. She stated the first survey, which did not discuss lot sizes had a
50/50 response for and against chickens in urban areas. She discussed the concerns
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mentioned in in the survey. She stated the second survey did outline the proposed
amendments to the ordinance.
Council noted this was a good starting point in creating a chicken ordinance, but
expressed concerns with a large population of people who will want chickens on
smaller lots.
Mr. Carlton noted the first survey was indiscriminate in regards to lot size, but
Survey #2 did break down to allowing chickens on different lot sizes. He stated there
was a mix of support when the smaller lot sizes were proposed, noting it was a 60/40
split. He stated 60 % weren't in favor of the smaller lot size. He noted there was
overwhelming opposition to requiring permitting but staff feels if Council decides to
lower the lot size, a permit should be required. He stated staff has concerns with
smaller lot sizes and the impacts to adjacent neighbors.
Councilmember Wagner discussed action at the planning commission. She stated,
based on her own social media outreach, she had posed the question about chickens
and lot sizes and received an overwhelming no to allowing them in residential
neighborhoods. She further questioned compliance with the new ordinance.
Staff noted it would be complaint driven.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Ordinance 17-09 amending Chapter 30, Section 30-803,
Animals, of the City of Elk River, Minnesota, City Code. Motion carried 5-0.
8.1. Wayfinding Master Plan Bids
Ms. Gardner presented the staff report.
Council discussed costs and budget for the next two years. They further discussed
the gateway signage design options. There were questions about whether to accept
the bids, which were completed for more than was budgeted, or to select signage
budgeted in the Capital Improvement Plan.
Ms. Gardner noted the bids covered more work than was included in the budget and
funds would come from the GRE Fund. She stated previous Council consensus was
to utilize this fund.
Mr. Portner stated taking the bids apart changes the phasing, the mobilization, and
costs. He stated the bidders would have a whole different pricing attached when
bidding out fewer items and this option is more beneficial cost -wise to the city.
Mr. Pormer stated there are a few options Council could consider such as:
■ Staff could provide further details about sign costs.
■ Reject the bids and remodel another bid option.
• Continue discussion to another meeting.
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He stated our budget plan is what we plan to spend, but the GRE fund has more
than enough funds available to offset the costs; noting the money is going to be
spent either this year or in any subsequent year.
Attorney Beck further stated the Council can't pick and choose signage options from
the bid specifications. He stated if they don't want to award the contract for all the
signage, they'll need to reject the bids. He suggests Council provide direction on
gateway design options and whether to use natural or fabricated stone.
Council consensus was to select the one tier natural stone for the gateway entrance
signs and for staff to bring more detailed information regarding the bids to the next
meeting.
8.2 Beaudry Redevelopment Project
Ms. Othoudt presented the staff report.
Mayor Dietz stated the Council appreciates the applicant taking the time to work
with the city on this project.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 17-24 calling for a public hearing on a
modification to the development program for Development District No. 1, the
establishment of a Tax Increment Financing District, No. 24, and the
adoption of a Tax Increment Financing Plan therefor. Motion carried 5-0.
Joplin Street Trail
Mayor Dietz stated the city installed a paved trail north of Mississippi River Road
near Joplin Street. He stated he was under the understanding, from the county
commission, that the county would pay for future maintenance of this trail. He
stated the trail is in poor shape, but via Commissioner Barb Burandt and the county
engineer, the county has said they don't pay for this type of work. He stated he asked
Commissioner Burandt if this is a formal policy of the commission or an internal
staff policy, but he hasn't gotten a response back yet. Mayor Dietz stated it doesn't
make sense for the city to pay for a trail on a county road. He stated the city would
need deeded access to the property if they were to maintain it.
Feeding Feral/Wild Animals
Mayor Dietz stated he received a complaint about residents in the Ridgewood/
Lafayette Woods area feeding feral and wild animals. He noted the City of Blaine
recently adopted an ordinance preventing the feeding of such animals. He asked the
city consider an ordinance. He expressed concerns for the high deer population in
the area and how an ordinance would be enforced. Council consensus was for staff
to review this issue and bring it back to the Planning Commission and Council.
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May 15, 2017
Council recessed at 7:43 p.m and reconvened at 7:49 p.m.
9.1 Policy for Over/Under-Billed Utility Accounts
Mr. Portner presented the staff report.
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Council discussed various options and policy standards of other cities and utilities.
Councilmember Ovall discussed the standards for how a homeowner's association
governs itself. He expressed concerns with a look -back for adjustments in under -
billing. He suggested it may be prudent to do audit's on a regular schedule. He stated
a core value of the city is to be welcoming and suggested a six year look back for
over billing and one year for under billing.
Mayor Dietz disagreed. He stated he would like the look back for number of years
for both over and under billing to be the same. He farther noted the rest of the rate
payers would have to make up the costs for under billing.
Councilmember Oval] agreed regarding fairness across the board for everyone.
Council consensus was to collect one year of past under billing and remit three years
of payment for over billing in order to maintain consistency with the electric utility
policy and there be a provision audits are completed on a periodic basis.
Staff was directed to compile data on how Elk River Municipal Utilities does their
audits.
9.2 Concept Review: Downtown Sign Ordinance
Mr. Carlton presented the staff report. He stated the reason for the language is
because at one time it was felt signage was meant to be for pedestrian use and not to
attract highway traffic. He noted there is a number of legal non-confortning signage
in the downtown. He discussed signage in other areas of the city and how they are
percentage based on wall size.
Councilmember Westgaard questioned if the business community was surveyed.
Council consensus was to draft an ordinance to remove the stringcourse definition
and base signage on wall size.
9.3 Vision and Beautification: Highway 10 Corridor
Mr. Carlton presented the staff report. He discussed highest and best uses of
property. He noted staff gets many requests for mini -storage businesses.
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Council suggested the following:
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■ Make sure setbacks are maintained as development increases because we don't
know what future public improvements will be needed.
■ Pedestrian connection/bike trail. Tie-in with City of Ramsey.
• Zoning and land use ties in with the Focused Area Study.
• Concerns for the corridor to become a storage area.
• Consider as a first impression into the city.
■ Careful of uses bordering the highway.
■ More retail and food establishments to accommodate Youth Athletic Complex
customers.
■ Residential homes along the river.
■ Look at City of Baxter for examples of layout/setbacks from the main road.
Business park type look.
■ Certain industrial businesses may want or need highway visibility. Construct
language so outdoor storage areas can be hidden in back areas.
• Opportunities for clean-up of existing businesses.
■ Proactive code enforcement for aesthetic type issues along the corridor.
■ Opportunities for frontage roads for safer transportation to local businesses.
Attorney Beck stated the proposed road located on the map (Future Gateway Road
connecting to 165' Avenue) is on Cargill property. He stated the city has aright, per
an agreement, to develop this road, He stated this right will terminate in about three
years.
It was noted an owner is concerned about expanding his business due to junk and
old signage nearby.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:47 p.m.
Joo J. D' tz, Mayo
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Tina A rd, City Clerk
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