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4.1. DRAFT MINUTES (5 SETS) 08-21-2017 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, July 17, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Environmental Amanda Bednar, Stormwater Coordinator Brandon Wisner, Parks and Recreation Director Michael Hecker, City Clerk Tina Allard, Human Resources Representative Lauren Wipper, and Recording Secretary/Sr. Administrative Assistant Jennifer Green '' 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 6:16 p. ,by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 07/17/2017 Agenda Moved by Councilmember Wagner and seconded by Councilmember Olsen ,,,,to approve the July 17, 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 Minutes from July 3, 2017, Special/Closed meeting and July 3, 2017, Regular meeting. 4.2 Check register, check numbers 102311-102486 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 2017 mineral excavation licenses for the following with expiration on July 1, 2018: ■ Aggregate Industries ■ C.S. McCrossan Construction, Inc. ■ Knife River Corporation City Council Minutes Page 2 July 17,2017 ----------------------------- ■ Midwest Asphalt Corporation ■ Plaisted Companies, Inc. ■ Tiller Corporation 4.5 3.2 Percent On-Sale Liquor License issued to Elk River Country Club Inc. for Pinewood Golf Course valid through June 30, 2018. 4.6 Temporary On-Sale Liquor License issued to Church of Saint Andrew for September 17, 2017, with the condition alcohol must be confined to an area enclosed by a fence with secured, controlled access and age verification is required. 4.7 Resolution 17-37 supporting a grant funding request associated with Woodland Trails Regional Park as outlined in the staff report. Motion carried 5-0. S. Open Forum Shannon Forsberg, 12813 Main Street, Rogers,is opening a doggy daycare/training/grooming business in a building located off of Highway 10 but the location is zoned C-3 and doesn't allow that particular use. She requested the city consider amending the ordinance to allow her pet business to operate in that location. The council directed staff to review the ordinance and work with Ms. Forsberg. 6.2 Climate Smart Municipalities — Germany Tour 2017 Ms. Bednar presented the staff report along with a PowerPoint presentation. 6.1 City of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Eric Toth as Volunteer of the Month for July. He noted the following volunteering accomplishments: ■ Bailey Point Nature Preserve Park Steward since 2012 ■ William H. Houlton Conservation Area volunteer ■ Mentor for Boy Scout Eagle projects ■ Minnesota Hockey Day volunteer ■ Elk River girls youth hockey volunteer and coach ■ Written and submitted work plans to Minnesota Land Trust for work at Bailey Point ■ Leads annual buckthorn removal at Bailey Point ■ Helped construct new nest for eagles at Bailey Point 7.1. Conditional Use Permit: Granite Shores Digital Changeable Copy Sign Mr. Leeseberg presented the staff report. UREJ City Council Minutes Page 3 July 17,2017 Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Conditional Use Permit (CUP) to Granite Shores for a digital changeable copy sign with the following conditions: 1. The authorized use shall not begin until the CUP is recorded. 2. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit's date of issuance, the permit shall expire and become void. 3. If the authorized use ceases for more than six months, the CUP shall expire. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. 5. The changeable copy sign shall not exceed 80 square feet in size. 6. The signs shall be compliant with the standards set forth in Sec. 30-864 (e). 7. Advertising messages shall only relate to business conducted on the property (633 Main Street) and nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C)(3). Motion carried 5-0. 7.2. Conditional Use Permit: Dolphin Car Wash Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the Conditional Use Permit (CUP) for Dolphin Car Wash with the following conditions: 1. The authorized CUP shall be recorded. 2. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 3. The authorized use shall not begin until the CUP is recorded. 4. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit's date of issuance, the permit shall expire and become void. 5. If the authorized use ceases for more than six months, the CUP shall expire. 6. The applicant must apply for and receive approval for all required permits before any construction may begin. 7. No more than six vacuum stalls shall be allowed. p 0 W I R I B 0 NATUREI City Council Minutes Page 4 July 17,2017 8. Two parking stalls shall be striped for employee parking and signed "employee parking." 9. All sources of artificial lights shall be so fixed, directed, designed or sized that the minimum subtotal of their illumination will not increase the level of illumination on any nearby residential property by more than 0.1 footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle on any part of the property. Motion carried 5-0. 7.3. Conditional Use Permit: Home Occupation, Tiffany Smith Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Condition Use Permit (CUP) allowing operation of a home occupation by Tiffany Smith with the following conditions: 1. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit's date of issuance, the permit shall expire and become void. 2. If the authorized use ceases for more than six months, the CUP shall expire. 3. The applicant must apply for and receive approval for all required permits before any construction may begin. 4. No more than two salon client vehicles may be parked on the driveway. 5. Salon client parking shall be prohibited on Carson Circle. 6. Exterior signage shall not exceed two (2) square feet. Motion carried 5-0. 7.4. Simple Plat: Island View Sixth Addition Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 17-38 granting Final Plat approval for Island View Sixth Addition as presented in the staff report. Motion carried 5-0. p U W I R I B 0 NATUREI City Council Minutes Page 5 July 17,2017 7.5. Conditional Use Permit: Swanson Farms, LLC, to increase permitted animals and for a Home Occupation Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit (CUP) request by Michael Swanson of Swanson Farms, LLC, to increase the number of permitted agricultural animal units to 18 with the following conditions: 1. The authorized use shall not begin until the CUP is recorded. 2. If the proposed work described in the application and CUP has not been substantially completed within two years of the permit's date of approval, the permit shall expire and become void. 3. The CUP shall expire if the authorized use ceases for more than six months. 4. The applicant must apply for and receive approval of all required permits before any construction may begin. 5. No more than 18 animal units shall be allowed on the property, unless otherwise approved by the Board of Adjustments for a variance prior to January 2018. The variance shall be recorded as an attached to the CUP. 6. A Manure Management Plan shall be submitted and approved by both staff and the Sherburne County Soil and Water Conservation District. 7. The Manure Management Plan shall be followed as directed and approved by both staff and the Sherburne County Soil and Water Conservation District. 8. For the CUP to remain active, a valid Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River for all future homeowners. 9. Any changes to the Manure Management Plan must be approved by the Sherburne County Soil and Water Conservation District and filed with the City of Elk River. 10. If manure is used as fertilizer, it shall be turned under immediately, or as soon as the frost leaves the ground. Application of manure should be conducted in such a manner so as not to permit runoff toward surface waters. 11. If the city finds that the manure and other waste materials create a nuisance by attracting flies, other insects, rodents, or by creating offensive odors, the city may order the manure and other waste materials be removed on a more frequent schedule. Motion carried 5-0. p 0 W I R I D 0 NATUREJ City Council Minutes Page 6 July 17,2017 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the CUP request by Michael Swanson for a Home Occupation to permit the boarding and training of horses with the following conditions: 1. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 2. The authorized CUP shall not be recorded until the aforementioned conditions have been completed. 3. The authorized use shall not begin until the CUP is recorded. 4. If the proposed work described in the application and CUP has not been substantially completed within two years after the permit's date of issuance, the permit shall expire and become void. 5. If the authorized use ceases for more than six months, the permit shall expire. 6. The hours of operation shall be limited to 7:00 a.m. to10:00 p.m. 7. If the city finds that the manure and other waste materials create a nuisance by attracting flies, other insects, rodents, or by creating offensive odors, the city may order the manure and other waste materials be removed on a more frequent schedule. 8. There shall be no animals permitted outside of the fenced pasture area. 9. All customer vehicles must be parked on site on an approved surface. 10. The applicant must apply for and receive approval for all required permits before any construction may begin. Motion carried 5-0. 7.6. Conditional Use Permit: Tiller Corporation Ms. Bednar handed out and presented an amended staff report. Mayor Dietz opened the public hearing. There being no one available to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Conditional Use Permit (CUP) for Tiller Corporation authorizing extended hours of operations with the following conditions: 1. If the proposed site improvements described in the application and CUP have not been substantially completed within two years of the permit's date of approval, the permit shall expire and become void. 2. The CUP shall expire if the authorized use ceases for more than six months. Failure to obtain an annual license will be evidence of cessation of use. 3. The applicant must apply for and receive approval of all required permits before any construction may begin. 4. A Mineral Extraction License shall be obtained annually. UREJ City Council Minutes Page 7 July 17,2017 ----------------------------- 5. The need of buffering and/or screening in light of surrounding land uses shall be evaluated at the time of annual license renewal and shall be installed when directed by the city to protect surrounding land uses. 6. All activities on the site shall be conducted in a manner that is consistent with operating permits issued by the city, county, state, federal and other agencies. A copy of any and all permits related to the operation of the site shall be submitted to the city for their reference. 7. Hours of operation are 4 a.m. until 10 p.m. Monday-Friday and 7 a.m. to 7 p.m. on Saturday. 8. Trucking and hauling shall be allowed between the hours of 6 a.m. and 7 p.m. Monday-Saturday. 9. A reclamation plan for the property as described in Exhibit 1 of the Tiller Application dated May 2017 including final grades, proposed topography, and a vegetation establishment plan, shall be approved by city staff. This must be received by August 31, 2017, and will be added to the approved plans for this site. 10. All conditions from the previous CUP (CU 07-08) Recording Number 668970 approved on May 10, 2008, need to be met. Motion carried 5-0. 7.7. Simple Plat: John Lenz, Elk River Screw Job Mr. Carlton presented the staff report. He distributed an additional resolution to facilitate the approval of this plat by working with the owner of Oudot B, Cascade Industrial Park, to authorize conveyance of the property to the city for use as right- of-way,which is a required first step in updating the simple plat. Mayor Dietz asked how the city would be obtaining Oudot B from the owner. Mr. Beck indicated he has had multiple communications with the attorney for the owners of Oudot B and expects the owners will approve the quit claim deed he sent and will agree to convey the property for $100. He stated he was unable to have the deed returned in time for the meeting that evening but presented the resolution authorizing execution of the quit claim deed. Mayor Dietz opened the public hearing. Jim Nielsen, real estate attorney, 118 East Main Street,Anoka, commended the city attorney and staff to resolve the Oudot B matter. He requested Condition 1 be rewritten to read: "The city acquire Outlot B, Cascade Industrial Park as right-of- way. Mr. Beck recommended the Council leave condition#1 as written in the staff report. He reiterated he has every expectation the owners will approve the quit claim deed. He stated the current owner of Outlot B was not the party that platted Cascade Industrial Park. He would like to leave the option as currently written. POWERED 9r UREJ City Council Minutes Page 8 July 17,2017 Mr. Nielsen explained how his client has incurred over $17,000 in legal fees due to conditions of the plat not being followed. There being no one else to speak,Mayor Dietz closed the public hearing. Councilmember Westgaard asked Mr. Beck what happens if we strike the language that Mr. Nielsen asked. Mr. Beck stated if that language was struck, they would have a plat approval requiring the city acquire the outlot. If the recommendation is left as is, the city would have an approval of the plat if either the city or the property owner acquires the needed outlot. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 17-39 approving the final plat for Elk River Screw Job, with the following conditions: 1. Either the city acquire Outlot B, Cascade Industrial Park as right-of- way, or the applicant acquire the parcel and incorporate it into Lot 1, Block 1, Elk River Screw Job. 2. Staff approval of the updated plat reflecting the changes described above. 3. Surface Water Management Impact Fee be paid on 1.2 acres in the amount required by the city when the plat is released for recording ($1,326/acre) 4. Park Dedication shall be paid on 1.2 acres in the amount required by the city when the plat is released for recording (6% of county assessed value). Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 17-40 approving the acquisition of real property as presented in the handout. Motion carried 5-0. 7.8. Zone Change, Conditional Use Permit, and Preliminary Plat: The Pines of Elk River Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Councilmember Wagner stated she had concerns with traffic and she was surprised staff didn't see traffic impacts at the intersection of Line Avenue and Main Street p 0 W I R I D 0Y NREI ATU City Council Minutes Page 9 July 17,2017 ----------------------------- with this proposed layout. She asked if staff had any contact with the two private property owners to make a road connection to Twin Lakes Road. Mr. Carlton stated the applicant was in contact with the property owners,who stated they weren't interested in selling or working with the developer on making a road connection to extend 183Td Circle, allowing a connection to Twin Lakes Road. With the current proposal and anticipated cul-de-sac on Line Avenue south of 5"' Street, Mr. Carlton stated the city engineer believes the traffic generated at this location will not be of concern. He stated future development of the two privately owned parcels would generate additional traffic and require extending the road to create a full intersection in this area. Councilmember Wagner stated she supports the development but won't support the project without a condition that the road connects to Twin Lakes Road. She felt a road connection is imperative. Councilmember Olsen stated he thought the city was trying to get away from having private roads and cul-de-sacs in developments. Mr. Carlton stated in certain instances,private access roads can still be used for shorter access points but will still follow all stormwater design standards and will have utilities and remain privately maintained by the development. Councilmember Westgaard had no concerns with the development or what was being proposed but also wondered if a conversation had taken place with the applicant about existing and future traffic patterns and access points as well as what the city's vision is for Line Avenue until further development in that area happens. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Ordinance 17-15 amending the City of Elk River Zoning Map to rezone certain property from Business Park to Planned Unit Development (PUD) as outlined in the staff report with the condition a PUD Agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 5-0. Moved by Councilmember Wagner to approve the Conditional Use Permit with the 10 conditions as outlined in the staff report and adding condition 11 that road connection needs to happen to Twin Lakes Road. Motion died for lack of a second. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Conditional Use Permit (CUP) establishing a residential PUD with the following conditions: UREJ City Council Minutes Page 10 July 17,2017 ----------------------------- 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. Landscape Plan must follow all standards described in Sec. 30-994 (h). 3. Continue to work with the city to ensure compliance with fire lane access requirements. 4. Update utility and grading plans to include grading elevations, emergency over flows, and additional storm sewer at the existing curb line of 183rd Circle and the private street entrances. 5. Update final plans with current engineering details and standards. 6. Submittal of building plans to verify a garage size of at least 584 square feet or through a combination of garage and storage areas. 7. Approval of a parking diagram illustrating a minimum of 1 off-street (Public ROW) parking space per two units. 8. A homeowners association must be established, subject to review and approval of the city attorney, and shall be responsible for all exterior building maintenance, landscaping, snow clearing, and regular maintenance of private drives and driveways. 9. Submit elevations of townhome exteriors which demonstrate variation in building materials. Twenty-five percent of the front building fagade shall have an exterior finish of brick, stucco, or natural/artificial stone. 10. All mailboxes shall be clustered. Motion carried 3-2 with Councilmembers Olsen and Wagner opposed. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the Preliminary Plat for The Pines at Elk River. Motion carried 4-1 with Councilmember Wagner opposing. 7.9. Variance: Reduced Parking Requirements for Elk River Lodge Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Tera Hamdani, for The Briggs Companies representing Elk River Lodge, stated they are still proposing 1.3 spaces, 22 uncovered parking spaces, and 25 garage spaces, and not entering into a parking agreement on the basis that this ratio has been approved at other comparable places in the city as well as their own comparable properties. Mr. Carlton stated Ms. Hamdani's request is different than staff s recommendation. He reiterated what was written in the staff report,which was approving a variance for a reduction in the number of parking spaces required for an apartment building with the following conditions: 1) the applicant will construct a 25-unit garage for use by residents of Elk River Lodge and Residential Suites; 2) the applicant will expand the parking lot to provide a total of 52 on-site parking stalls (1.44 stalls/unit); and 3) P 0 W I R I D 9 Y otmaA UREI City Council Minutes Page 11 July 17,2017 ----------------------------- provide a proof of parking site plan,and enter into a proof of parking agreement with the city that states that 19 additional stalls must be constructed in accordance with the proof of parking site plan when five parking concerns are identified in a six- month period. Councilmember Ovall asked what the parking space requirements were for The Bluffs and Jackson Square properties. Mr. Carlton stated the parking space requirements for The Bluffs and Jackson Square properties were 1.25 parking spaces. He stated this parking ratio took into consideration the availability of public parking spaces available for additional parking needs. He stated after a meeting with the property owner the week prior,the conditions outlined in the staff report were what he and Mr. Briggs had agreed upon. Ms. Hamdani stated they had also discussed using off-street parking if needed. Patrick Briggs, representing The Briggs Companies, 633 Upland Avenue, Elk River, stated after he and Mr. Carlton met the week prior,he conducted his own research on a number of surrounding market rate buildings in support of his variance request and outlined those figures. He felt his request to be extremely reasonable based upon his unit mix. He stated 14% of his tenants don't have vehicles and will either bike or use public transit,and if off-street parking can be used, they can use Zane Street. He stated he doesn't want to set things up to fail and wouldn't want to cause any parking problems by asking for this variance. There being no one else present to speak,Mayor Dietz closed the public hearing. Mayor Dietz asked if the city had ever counted off-street parking to satisfy a parking requirement. Mr. Carlton stated the city had not used off-street parking to satisfy a parking requirement. Mayor Dietz asked what the Board of Adjustments approved. Mr. Carlton stated the Board of Adjustments recommended approval of the variance with the condition the applicant construct 20 additional surface parking spaces on site, and enter into a parking agreement with Saxon Motors property. Councilmember Wagner stated the use of additional parking near Saxon Motors was a significant distance away from the applicant's property and has concerns about the area being well lit. Mayor Dietz wasn't in favor of using Zane Street,nor using the Saxon property for parking, stating the property could change ownership in the future. He also stated people change residency and their transportation habits daily which would change the population of the facility. P O w E R E U 9 1 UREI City Council Minutes Page 12 July 17,2017 ----------------------------- Councilmember Wagner asked how an issue is identified with the proof of parking agreement. Mr. Carlton stated he and the applicant determined 5 parking issues in a 6-month period would require construction of additional parking spaces to provide 1.97 stalls per unit. He stated the agreement would outline what constitutes an issue and if the variance is approved,the agreement would be brought to the council for approval at a later date. Mr. Beck stated a parking issue would be something like unexpected parking on a city street that would interfere with public safety access, or parking in a yard, or something that would clearly indicate a parking shortage. He stated the agreement is Eke a security blanket for the city. Mayor Dietz asked how long the applicant would have to remedy the parking shortage if there was a violation of the parking agreement. Counselor Beck stated a timeframe would be outlined in the parking agreement and would allow ample time during construction season to add the required parking spaces. Councilmember Westgaard asked if the agreement would be detailed and clear about the applicant's responsibility, and was Counselor Beck confident the language would have enough teeth for enforcement. He stated now is the time to enforce the ordinance,which was written for 2.5 parking stalls, and enforce an ordinance that was written with good market data over time to avoid future issues with enforcement of the agreement by having to spend taxpayer dollars. He stated the area is guided towards future development. He agrees with the applicant that the city doesn't want to see the applicant fail. Counselor Beck stated they would do the best they can with a clear parking agreement but enforcement is never easy. Councilmember Ovall asked questions regarding violations of the parking agreement. Councilmember Wagner stated she didn't feel on-street parking should be considered as parking spaces. She noted the comparables presented by the applicant during the public hearing were in locations with free public parking. She commended Mr. Carlton in working with the applicant to help with a parking agreement but felt nervous about the enforceability such an agreement and there was too much gray area around it. She reminded council the members of the Board of Adjustments were not in favor of this variance. She stated that staff has done a lot of work to find a solution for the applicant and wants it to work for the applicant but doesn't feel this is the route to take. P O w E R E U 9 1 UREI City Council Minutes Page 13 July 17,2017 ----------------------------- Mayor Dietz stated that if there is no parking agreement then the requirement should be to build two parking stalls per unit. Councilmember Ovall asked questions about covered stalls in Elk River. He stated he works downtown and knows parking is an issue. He stated that he believes Mr. Carlton came to a fair resolution and supported it. He did have concerns with two people living in a studio unit and both of them having vehicles. Councilmember Ovall stated this was a complex challenge based upon what the building was and what it is today as housing. Mayor Dietz agreed with Councilmember Wagner's comment and didn't want to get into an enforcement battle with the developer. He asked if Mr. Carlton would be in agreement with in lieu of parking agreement;allow 1.75 parking stalls per unit. Mr. Carlton stated his concern is that two people can live in a studio apartment. If there is no parking agreement,he would like to see 2.0 parking stalls per unit. Counselor Beck indicated they've had proof of parking scenarios without a formal agreement in place. He suggested allowing the applicant the option of either entering into a proof of parking agreement or constructing 1.97 parking spots. He recommended Condition: 2A. The applicant shall construct 71 parking spaces, establishing a parking ration of 1.97 stalls/unit. Alternatively the applicant may enter into a parking agreement which will come back to the council for approval. Moved by Mayor Dietz and seconded by Councilmember Westgaard to approve the variance for Elk River Lodge for a reduction in the number of parking spaces required for an apartment building with the following conditions: 1. The applicant will construct a 25-unit garage for use by residents of Elk River Lodge and Residential Suites. 2. The applicant will expand the parking lot to provide a total of 52 on- site parking stalls (1.44 stalls/unit). 2A.The applicant will expand the parking lot to provide a total of 71 parking spaces to provide a total parking stalls (1.97 stalls/unit). Alternatively: 3. The applicant will provide a proof of parking site plan demonstrating the required 1.97 stalls/unit, and enter into a proof of parking agreement with the city, subject to council approval. The agreement will state that 19 additional stalls must be constructed in accordance with the proof of parking site plan when five parking concerns are identified in a six-month period. Motion carried 5-0. 7.10. Preliminary and Final Plat: Eagles Marsh Third Addition Mr. Carlton presented the staff report. UREJ City Council Minutes Page 14 July 17,2017 Mayor Dietz opened the public hearing. There being no one present to speak,Mayor Dietz closed the public hearing. Councilmember Wagner asked if the property owner that isn't connected has been contacted. Mr. Carlton stated the property owner received the public hearing notice but hasn't personally contacted them. He stated he will reach out to them. Moved by Councilmember Olsen and seconded by Councilmember Ovall to approve the preliminary plat for Eagles Marsh with the following conditions: 1. Update final plans to include current engineering details and setbacks. 2. The existing home on what is proposed to be lot 4, block 2 must connect to public sewer and water when utilities are made available. 3. Detail the development and grading plans to ensure all properties drain to the public right-of-way through drainage and utility easements. 4. Submit a copy of the wetland delineation completed in 2013 to verify compliance with the setbacks required within city code. 5. Sign the 25 foot wetland buffer area on all impacted parcels. 6. The developer shall be responsible for marking park boundaries with the city's park boundary signs. 7. All homes are required to have two trees in the front yard per ordinance. 8. All mailboxes shall be clustered. Motion carried 5-0. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to adopt Resolution 17-41 approving the Final Plat for Eagles Marsh Third Addition with the following conditions: 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Staff approval of updated Final Plat document 3. Surface Water Management Impact Fee be paid in the amount required by the city when the Final Plat is released for recording (currently $233/lot). 4. Water Availability Charge shall be paid in the amount required by the city when the Final Plat is released for recording (currently $345/ plumbing unit). 5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 6. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the city engineer must be secured. 7. Development Plan shall be approved by the city engineer prior to issuance of building permits. p 0 W I R I D 0 NATUREI City Council Minutes Page 15 July 17,2017 ----------------------------- 8. Any item or condition found that indicates the site is likely to yield information important to pre-history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 5-0. 8.1. Orono Park Master Plan Mr. Hecker presented the staff report. Mayor Dietz stated he felt an open recreation field and a ballfield are similar and didn't want to take away the ability to use a similar space for a ballfield. Mr. Hecker indicated the ballfield will eventually be relocated,most likely to the Youth Athletic Complex (YAC), although that has not been finalized. Mayor Dietz asked questions regarding the priority of the Parks Master Plan. Mr. Hecker stated after this plan has been approved, staff will develop an overall Capital Park Improvement Plan to determine the cost of these items. Councilmember Wagner asked why the open recreation field was proposed and not a ballfield. Mr. Hecker explained the reasoning and location for proposing an open space for large events and occasions for folks renting a shelter. Councilmember Wagner asked about parking space to support an open space area. Mr. Hecker stated the plan notes further parking needs will be addressed to accommodate large groups and tournaments. Councilmember Wagner complimented staff on identifying current trends and including those in the plan. Councilmember Olsen stated he was glad to see the DNR aquatic invasive species (AIS) stations included in the plan. Moved by Councilmember Olsen and seconded by Councilmember Ovall to approve the Orono Park Master Plan as outlined in the staff report. Motion carried 5-0. 8.2. Downtown Development Framework UREJ City Council Minutes Page 16 July 17,2017 ----------------------------- Mr. Carlton presented the staff report. Councilmember Wagner didn't feel this was the right thing for the city to do,noting concerns that any new applications would be halted and one year was too long, and could potentially hurt the school district. Mayor Dietz noted it wouldn't have to be a year-long moratorium. Councilmember Olsen asked what a reasonable time period would be to review the desired uses and boundaries for the Downtown Zoning District. Mr. Carlton stated a discussion could come before the Planning Commission in August, before the City Council in September,and changes approved by October or November. Councilmember Westgaard stated there was a reason this zoning district has been kept small and for consistency with the Mississippi Connections Plan. He questioned if the HRA/EDA has taken time to review this property to determine if it fits for a redevelopment property. He stated the appropriate thing to do would be to halt any CUPs at this point. He further stated he didn't feel they should hold the school district hostage for a long period of time. He stated he didn't think the HRA/EDA expressed ideas or interest for desired uses for this building, and if that's the case, then there is no need for a moratorium. Councilmember Ovall stated as a member of the HRA, they discussed the school district property and elected to not pursue the property,noting it was too big of a project with their funds and not directionally consistent with other projects they are working on. He stated as a member of the EDA,they discussed this property and couldn't find any action that would be consistent with their goals to proceed with this property. Mayor Dietz stated if the council agreed to establish a moratorium that it be no longer than 90 days so not to inhibit the school district's ability to sell their property. He indicated this would allow council time to review desired uses as he is concerned something will go in the building the downtown businesses will not appreciate. Mr. Carlton stated a moratorium would allow time to review all approved uses in the Mississippi Connections zoning district plan and time to modify if necessary. Councilmember Ovall asked if 90 days was adequate. Mr. Carlton indicated 90 days is very tight and even 120 days would be close. Mr. Portner stated the Council has the option to have special meetings to review this in a more rapid manner,noting the sensitivity and magnitude of this opportunity. Mayor Dietz noted the moratorium can be lifted early. UREJ City Council Minutes Page 17 July 17,2017 ----------------------------- Councilmember Wagner agreed with Mayor Dietz's thoughts that something could come into the downtown district that wouldn't be a good fit for the area but noted the city has known for over a year that this property would be up for sale and feels it's the city's fault for not being proactive in reviewing this zoning district before today. She didn't feel it should delay the school district from the sale of their property. Mr. Portner stated the moratorium would only be for conditional uses and zoning changes. Councilmember Westgaard didn't feel the Council wasn't proactive,noting the Council included the school district in discussions but there were challenges faced with the school board being without a superintendent and with the turnover of the majority of the school board members in November. He would support scheduling a special meeting to discuss that process and allow for reassurance of the vision for the downtown area. Ryan Hardin,presenting KW Commercial, 16201 90`'' Street, Otsego,indicated the property has been on the market for approximately3-4 weeks. He stated the timing and lack of the city's interest presents challenges for him to market the property should a moratorium be established. Councilmember Wagner and Councilmember Ovall were not in favor of a moratorium. Councilmember Olsen stated the city takes a risk in what goes in the property. Counselor Beck reminded the council the moratorium wouldn't allow zone changes or conditional use permits but current permitted uses would be allowed. He noted it would be very unusual for an application to come in that would have a right to a zone change. He didn't feel there was a lot of risk because by not passing the moratorium,the council isn't giving up the ability to deny a conditional use permit that doesn't meet certain standards. Councilmember Wagner stated the city may be stopping other businesses from moving forward with changes and she hoped the school district would make sure a good choice was made with what the sale. It was the consensus of the council to take no action on the moratorium and the council directed staff to review the downtown zoning district to determine if it needs updating. 8.3. 2018 Benefit Level for Elk River Relief Association Ms. Ziemer presented the staff report. UREJ City Council Minutes Page 18 July 17,2017 ----------------------------- Mayor Dietz stated he has been a member of the Fire Relief board for the past seven years and he is in favor of the benefit level increase request. He indicated in the past 4-5 years, they have changed their philosophy to be closer to 100% funded level. He stated he was hesitant at first because he doesn't want the city to be in the position of a liability to increase more than$30,000 or have to make an additional contribution. He states it increases their liability to $3.15 million with a current balance of$3.2 million dollars. He stated there was much discussion and he agreed to 100%but would like to watch it closely. He stated the Fire Relief Board agreed if the funding goes below 100%, there will be no increase unless the funded level is 100% or above. He felt the board has historically been conservative but felt the board doesn't want to be in a position of large gains and losses. Councilmember Westgaard stated he wouldn't disagree with Mayor Dietz's comments and he also felt slow and steady growth to that fund,with the benefit of retirement,would be best. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the benefit level increase for the Elk River Relief Association to $6285 effective January 1, 2018, as outlined in the staff report. Motion carried 5-0. ---------------- Mayor Dietz asked if council is allowed a clothing allowance. Mr. Portner indicated an adjustment can be made to the city's public purchasing Policy. Mayor Dietz felt it was important to recognize the hours and hard work our volunteers give the city that work in the parks and at city hall. He asked if it was legal for Council to provide a picnic this fall. Mr. Portner stated an amendment would be needed to the Public Purpose Expenditure Policy. Council recessed at 9:04 p.m. in order to go into work session. The meeting reopened at 9:08 p.m. 9.1 Lake Orono Management Plan Presentation Mr. Wisner and Ms. Bednar presented the staff report. Christy Cox and Patrick Plant representing the Lake Orono Water Quality Committee (LOWQC) and Dan Cibulka representing the Sherburne Soil&Water Conservation District (SCWCD) provided a PowerPoint presentation. POWERED 9r UREJ City Council Minutes Page 19 July 17,2017 ----------------------------- Council thanked the LOWQC for their presentation and stated they looked forward to the LOWQCs final report,which would be presented to the council sometime this fall. The council took no action at this time. 9.3 190t" Avenue Construction Mr. Carlton presented the staff report. The applicant,Tim Smith, 13329-190"'Avenue NW,indicated he and other neighbors continue to oppose the construction of the road at the current time and requested the city change their mind with proceeding to construct the road. He stated future property owners could petition to have the road constructed and couldn't understand why the road was being forced upon them. Brian Borntrager, 13411 — 190"'Avenue NW, stated he lives next door and he doesn't want the road extended because they get a lot of evening and late night traffic. He stated he doesn't want traffic going down to the cul-de-sac to hang out. He said it's a nice,peaceful, serene little area. He felt extending a road to service two properties was a waste of money. He said it would take away from his cozy little neighborhood. Charlie Hess, 13427— 190"'Avenue NW, stated he didn't want to see all the trees removed and the effect it would have on the quietness of the area and wildlife. An unidentified woman stated if the city constructed a road it would take away the wildlife,which goes against the city's "Powered by Nature" theme. Mr. Smith proposed an alternative option to purchase some property from the Varty's,located to the north,to gain his 160' of frontage. Mr. Carlton explained this would create a flag lot,which ordinance doesn't allow. Councilmember Westgaard asked questions regarding whether or not an easement would help this situation. Mr. Carlton and Mr. Leeseberg explained the issues surrounding flag lots and that while they may work for a current property owner, a future property owner may have concerns with them. Mr. Smith stated the city would have the power and ability to approve something different than what the ordinance allows. Counselor Beck stated the rationale behind the prohibition on flag lots were for a number of reasons, such as public safety issues. He stated that's why the agreement was in place so the street could be extended. UREJ City Council Minutes Page 20 July 17,2017 ----------------------------- Discussion occurred regarding street addressing, road conditions for public safety access, and conditions that allow access to roads that aren't legal addresses. Counselor Beck discussed the petition,waiver, and agreement for installation of the road and assessment of the cost with options for spreading out payment for 15 years for any amount over$30,000. He noted costs could be further reduced by including it in this year's street improvement project. He stated the property owners could also pay to have the street installed themselves. Mr. Smith stated the Council loses sight of the working man's wallet because the Council sees such large budget numbers. Councilmember Westgaard stated normally they don't see the costs of a developer constructing a road in a development because each lot absorbs the total cost of a road. Councilmember Ovall stated the fact that the intent was for the road to be constructed all along, and whether it's 1 lot or 2 lots,agreed with staff s recommendation to construct the road. It was the consensus of the council to proceed with construction of 190"'Avenue and allow the affected property owners to request deferment of payment. The city engineer will contact the affected property owners and explain the details of the road installation. The affected property owners could submit a request to defer payment. The property owners also have the option of hiring their own contractor to construct the road. Mr. Smith stated he felt Varty's would receive benefit from this road and they should also be included in the assessment. He indicated he will continue to find ideas to fight this from proceeding. Counselor Beck explained how the Varty's would not benefit from the road. 9.2 Feeding Wildlife and Feral Animals Mr. Leeseberg presented the staff report and provided a handout regarding other community's feral animal ordinance regulations. After council discussion, the consensus of the council was not to regulate the feeding and harboring of wildlife and feral animals at this time. Resident concerns can continue to be addressed by the code enforcement officer. 9.4 National Fitness Campaign Fitness Court Mr. Hecker presented the staff report. UREJ City Council Minutes Page 21 July 17,2017 ----------------------------- The consensus of the council was to have staff proceed with obtaining more detailed information and costs associated with the fitness court. 9.5 2018 Budget Ms. Ziemer presented the staff report. Departments reviewed their budgets and goals. Mayor dam'Council: Council requested funds for a uniform allowance and a volunteer luncheon allowance. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 11:42 p.m. Minutes prepared by Jennifer Green. John J. Dietz,Mayor Tina Allard, City Clerk UREJ Elk Rivet Special/Closed Meeting of the Elk River City Council Held at the Elk River City Hall Thursday, August 3, 2017 Members Present: Mayor Dietz, Councilmembers Olsen,Westgaard, and Ovall Members Absent: Councilmember Wagner Staff Present: City Administrator Calvin Portner,Economic Development Director Amanda Othoudt, and Executive Secretary/Deputy City Clerk Jessica Miller I. Call Meeting to Order At Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 5:02 p.m. by Mayor Dietz.' Mayor Dietz stated on the record that the meeting will be closed pursuant to TN N Statute Section 13D.05, subd. 3(c) to consider offers or counteroffers for the purchase of real property of 706 Quinn Avenue NW, 709 Proctor Avenue NW, and Lot 7, Block 7 WH Houlton's Addition. qwbbo., 'X, 2. Motion Calling Closed Meeting Moved by Councilmember Westgaard and seconded by Councilmember Ovall to call a closed meeting to consider offers or counteroffers for the purchase of real property of 706 Quinn Avenue NW, 709 Proctor Avenue NW, and Lot 7, Block 7 WH Houlton's Addition. Motion carried 4-0. 3. Closed Meeting- MN Statute Section 1313.05, subd. 3(c) `The purpose of the meeting was to consider offers or counteroffers for the purchase of real property described as: ■ PID 75-403-0030, also known as 706 Quinn Avenue NW ■ PID 75-410-0735, also known as 709 Proctor Avenue NW ■ PID 75-410-0730,legally described as Lot 7,Block 7 WH Houlton's Addition 4. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 5:29 p.m. Minutes prepared by Jessica Miller. John J. Dietz,Mayor Tina Allard, City Clerk VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, August 7, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Parks Maintenance Supervisor Tim Sevcik, Parks and Recreation Director Michael Hecker,Recreation Manager Steve Benoit, Economic Development Director Amanda Othoudt, Parks Superintendent Tim Sevcik, Community Operations and Development Director Suzanne Fisher,Senior Planner Chris Leeseberg, and City Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereo'," e 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 08/07/2017 Agenda` The Mayor stated Item 4.4,Approve Purcbase Agreements for 706Quinn Avenue and 709 Proctor Avenue,has been added to the consent agenda. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the August 7, 2017, agenda as amended. Motion carried 5- 0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 Check register, check numbers 9903-9904 and 102487-102731 as outlined in the staff report. 4.2 Development Agreement for Eagles Marsh Third Addition. 4.3.A Special Event Permit for the Thumbs Up High 5K scheduled for Saturday, September 30, 2017, subject to the following conditions: 1. The event planner is required to notify businesses, residents, and organizations abutting the route. The city will provide a template of the notice that must be distributed. The city will also provide a list of the properties to be notified. The event planner must submit an affidavit the notices were distributed. City Council Minutes Page 2 August 7,2017 ----------------------------- 2. Applicant must obtain property owner permission for use of private property. 3. ERPD will provide two reserve officers/community service officers to assist with traffic control for the race. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least two weeks in advance to arrange for police reserves. 4. 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. 5. A route marshal shall be placed every 1000 feet along the race route to keep walkers, runners, and rollerbladers on the sidewalk per MN Statute 169.21. Bike riders are permitted to ride on the shoulder of the roadway with the flow of traffic following statutory requirements of MN Statute 169.221. Route marshals will not direct traffic. 6. Staggered start of five minutes between different race groups. 7. Registration form will include rules and regulations. 8. Race marshal shall give a safety brief to all participants prior to the start of the race explaining the rules. 9. Applicants shall be responsible for garbage clean—up immediately following the event. 10. Applicant is responsible for arranging delivery of barricades and/or cones by contacting Street Superintendent Mark Thompson at 763.635.1122. 11. No paint allowed anywhere on route. Chalk or cones may be used on the sidewalks only. 12. Tents must meet applicable state and fire building code requirements. No stakes shall be pounded into the pavement. 13. Applicant must provide enough portable toilet facilities through a private contractor to accommodate the expected attendance. 4.3.11 Special Event Permit to Elk River Municipal Utilities for a ribbon cutting and grand opening to celebrate the rollout of the electric vehicle charging program on Wednesday, September 13, 2017, subject to the following questions: 1. The event planner is required to notify businesses, residents, and organizations within 500-feet of the event. Downtown businesses will be notified of the parking lot closure. The city will provide a template of the notice that must be distributed.The city will also provide a list of properties to be notified. The event planner must submit an affidavit that the notices were distributed. 2. Closure of the Main Street Parking Plaza will be permitted from 4:00 p.m. to 9:00 p.m. Wednesday, September 13, 2017. Applicant is responsible for barricading parking lot. Parking lot must be completely cleared prior to removal of the barricades. 3. Applicant is responsible for arranging delivery of barricades and/or cones by contacting Street Superintendent Mark Thompson at 763.635.1122. NAT- UREI City Council Minutes Page 3 August 7,2017 ----------------------------- 4. Applicant is responsible for garbage clean-up immediately following the event. 5. No stakes shall be pounded into the pavement or anywhere in the parking lot. 6. Tents must meet applicable state and fire building code requirements. Applicant is responsible for contacting Fire Marshal Cliff Anderson at 763.635.1110 to schedule an inspection of the tents prior to use. 4.3.0 Special Event Permit amendment for Broadway Bar and Pizza to hold a car show on Sunday,August 27, 2017, subject to the following original 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. 4.4 Purchase Agreement No. 17-19 with Quinn Avenue, LLC., and Purchase Agreement No. 17-20 with Wayne and Teresa Scott. Motion carried 5-0. S. Open Forum Alyssa Johsnon,Elk River Area Food Coop—Stated the coop would eventually like to have a storefront. She discussed membership and the need to get more people involved in order to help build the store. Mr. Portner noted they are looking for assistance on getting membership information out to more people. Staff was directed to assist the coop. UREJ City Council Minutes Page 4 August 7,2017 ----------------------------- --------------------------- Dr. Michelle Eddy—Stated she is a chiropractor and owner of Focused Health and Wellness Center and she is also speaking on behalf of Dr. Nicole Dotson, owner of Intrinsic Wellness Center. Ms. Eddy stated they recently leased space at 12580 192nd Court. She stated their broker and landlord were under the impression massage services were allowed at this location and they had advertised the property as such. She stated they recently found out zoning laws don't allow massage therapy and they wouldn't have signed a lease if they had known this information. She requested the area be rezoned to allow massage services. Mr. Leeseberg stated massage is considered a personal service,which is not listed as a permitted or conditional use in the I1 District. He stated medical, optical, and dental offices are allowed because labs are listed as a permitted use and these types of services typically do lab work. He stated a lot of the uses in this multi-tenant building are falling under the lab use. He stated if a doctor has a massage therapist working under them as an employee,then from a zoning standpoint,it's a non-issue. He stated in this situation,the massage therapist would be leasing space from the doctor's office and operating as an independent contractor/business. He stated the ordinance language is ambiguous in regards to this type of situation. He stated Council direction is needed on whether the massage therapist must be an employee of the doctor's business or if the Council would allow any massage/personal services in the I1 zoning district. He stated staff would most likely not be supportive with allowing massage therapy in this zoning district but an evaluation of the history of the zoning should be reviewed for intent. Council directed staff to further research the matter. 6.1 Introduction of New Employees New employees were introduced to Council as noted in the staff report. Council welcomed them to the city. 6.2 Proclamation: October 15, 2017, as Pregnancy and Infant Loss Remembrance Day Mayor Dietz read the proclamation. Moved by Councilmember Olsen and seconded by Councilmember Ovall to proclaim October 15, 2017, as Pregnancy and Infant Loss Remembrance Day. Motion carried 5-0. 6.3 Resolution Encouraging Residents to Attend the State Capital Grand Opening Mr. Portner presented the staff report. UREJ City Council Minutes Page 5 August 7,2017 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 17-42 encouraging the people of Elk River to attend the grand opening of the Minnesota State Capitol. Motion carried 5-0. 7. Public Hearings There were no public hearings. 8.1. Ice Arena Architectural Services Mr. Portner presented the staff report. Council noted,prior to the referendum,they had discussed what next steps would be necessary,if the referendum failed, due to the need to fix failing city buildings having reached their lifespan. Councilmember Olsen questioned the status of Lions Park Center. Mr. Portner stated the plan would be to add some community space to the arena facility. He stated it would replace the community space of Lions Park Center. He noted Lions Park Center is also in need of repairs. He stated the new footprint of the arena will take out the girls' softball field, so it will be moved to Lion John Weicht Park with an additional field constructed for ease of programming. Mayor Dietz expressed the following: ■ During discussions,prior to the referendum,repair costs to the arena were estimated at approximately$12-15 million. Current data shows the arena would now cost about$21 million,plus $3.5 million if the activity center is revamped or$1.75 million if it is moved to the YMCA. ■ He would consider another referendum. ■ This is a huge impact to tax payers. ■ Receiving comments from the public about youth hockey's contribution. ■ Receiving comments about other sources of revenue available to pay for the arena. Why should all residents have to pay for a hockey arena? ■ New arena concepts don't illustrate community space. ■ Where is the city at with the YMCA regarding the activity center? Mr. Portner discussed the three options originally proposed by the task force for repairing city buildings. a) Construction of a new multipurpose facility referendum projected to cost $30 - $33.5 million. b) Improvements to existing facilities consistent with stakeholder expectations were projected to $23 - $32 million c) The last option included basic repairs and improvements to keep the existing buildings functioning projected to be about$10 million UREJ City Council Minutes Page 6 August 7,2017 ----------------------------- Mr. Portner further stated the arena needed to move forward now due to school district timing needs with their facility improvements. He noted the activity center options will be brought to Council at a later date. He stated the arena is in bad shape and needs large expenditure repairs. He stated decisions are needed now on the arena so the city is not paying for quick fix repairs knowing a remodel may soon happen. Mayor Dietz stated the newer portion of the arena is structurally sound and should last for many more years. He stated it makes the most sense to keep the current ice sheet and add one more. He stated he is willing to spend funds on architectural drawings but the finished product will come down to funding. He stated he is willing to have another election at a lower dollar amount in November 2018. He asked if there has been any thought of selling the arena to youth hockey for$1. Mr. Portner stated he asked the school district about purchasing the arena and they had no interest. He stated youth hockey most likely would have no interest in maintaining a facility, noting it needs a lot of capital improvements in order for it to continue to operate. He discussed past funding efforts provided by youth hockey. Mr. Portner stated the arena can be value engineered and the city can get alternate bids for wants/needs but the costs will be approximately$25 million. He discussed how the impacts to tax payers can be manipulated, such as once the police station is paid off, taking those funds and putting them towards the arena payment. Councilmember Ovall expressed concerns with taking these funds from the government building fund for the arena because there could be additional city services needed in current growth areas, such as a fire station on the east side. Councilmember Ovall questioned if the Parks and Recreation Commission endorses the plans for the softball field movement at Lion John Weicht Park and whether this move is consistent with the Parks and Recreation Master Plan. Mayor Dietz commented Lion John Weicht Park doesn't get much use for being in the center of the city. He stated the fields would not have an adverse effect on the park. Councilmember Ovall questioned if the park didn't get use because of the lack of investment in it;noting there is high density housing and schools surrounding it. He noted the fields would be a significant investment and questioned what would be better for the general population for this specific park. Councilmember Olsen concurred with Councilmember Ovall. Mayor Dietz noted the school may not be willing to swap the land needed for the arena expansion if they didn't get the fields in the park. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to authorize drafting of a request for proposal for architectural P 0 W I R I D 9 Y otm§A UREI City Council Minutes Page 7 August 7,2017 ----------------------------- services for an Elk River Ice Arena remodel and expansion. Motion carried 5- 0. 8.2 Dave Anderson Athletic Complex Irrigation Replacement Mr. Sevcik presented the staff report. Council discussed funding and consensus was to utilize the 2016 excess fund balance. Council noted staff would need to work with youth football on a schedule for games and installation of the irrigation system. Mayor Dietz expressed concerns for the lack of maintenance to these fields but understands repairs were on hold due to the community center referendum. He stated Council needs to consider allocating funding to improve this complex. He suggested using the excess funds in reserves. Moved by Councilmember Olsen and seconded by Councilmember Wagner to install a new irrigation system and drill a new 6 inch well in the amount of $119,382.35. Motion carried 5-0. 8.3 Election Emergency Plan Ms. Allard presented the staff report. Moved by Councilmember Olsen and seconded by Councilmember Ovall to accept the Election Emergency Plan. Motion carried 5-0. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Wagner stated the Salk School assistant principal contacted her about the process for getting a crosswalk installed at Highland Avenue crossing Jackson Avenue because students cross at this location to access retail businesses. The principal had noted a few close calls with accidents. Councilmember Wagner commented crosswalks throughout the city should be evaluated for efficiencies and asked about options such as lighting. Mr. Portner noted it may be a matter of creating an educational campaign to the students. 9.1 Council Liaison Updates Council provided updates on activities of the various boards and commissions. ------------------------------ p 0 W I R 1 9 ® Y NATURE City Council Minutes Page 8 August 7,2017 ----------------------------- Council recessed at 7:42 p.m. in order to go into work session. Council reconvened at 7:46 p.m. 10.1 Proposed Aquaponics Facility Presentation Ms. Othoudt presented the staff report. Akash Haider, Founder and SEO of Stars Hollow—Explained aquaponics and discussed the process for his company, Stars Hollow, start up as outlined in his PowerPoint presentation. Councilmember Wagner questioned if there would be fish odor to the surrounding area. Mr. Haider said no. Councilmember Ovall questioned if project financing has been established. Mr. Haider stated he is working with Vision Bank, Golden Valley,MN. He stated they have 34 produce groups,including grocery stores who want them to start growing. Councilmember Westgaard questioned what infrastructure may be needed by Mr. Haider for his operation. Ms. Othoudt stated none from the city. She stated staff is working on the financing structure but wanted to gauge Council interest in pursuing this project further. She stated financing could be a combination of county, state, and city funding. She stated this is a great idea and is becoming popular around the state. Mayor Dietz stated he liked the employment numbers. Council stated they are willing to pursue the project further as it seems to fit the area and job creation. Councilmember Ovall stated it sounds like a great project but he is concerned with what the city would do with such a large building if the business failed. 10.2 Recreational Programming Mr. Portner presented the staff report. He questioned the city's goals for recreation programming. Mayor Dietz stated recreation programming has grown and he did feel there are areas of duplication. He agreed the city should review programming. He noted participation is down 14% since the guide was discontinued. He questioned what other cities do for programming. Mr. Benoit stated the City of Rogers operates through community education with city support. It was noted the City of Otsego has started some of their own programming. UREJ City Council Minutes Page 9 August 7,2017 ----------------------------- Councilmember Wagner expressed concerns with some kids not being able to participate in programming if the city cuts the duplicated ones because community education may not be able to take on more to handle the capacity. She stated this could create other community issues when kids don't have something constructive to do. She stated she agrees with thinking entrepreneurial about what the city can accomplish. Mr. Portner stated he thinks the city can work together with the school district. He stated the goal is to maximize and enhance what is currently in place. Councilmember Ovall questioned what the city does for outside reviews, networking groups, and 360 reviews. He stated he would like to hear from the parks and recreation department on what they do well at and what needs improvement. He questioned the qualitative analysis and marketing and asked what the data is conveying. He noted community education is a marketing machine and has a good penetrate rate. It was noted community education can promote within the schools, but school district policy does not allow for outside promotions/marketing to students. Councilmember Westgaard stated it is getting more difficult to meet everyone's needs/requests,yet the city and school district are taxing the same group of people. He stated we need to find solutions to work together and not compete,but supplement,which takes coordination and communication. Councilmember Olsen stated it would be impossible to completely eliminate competition but we can try to minimize it. Council consensus is to work with the school district to discuss programming and how we can work together to provide community needs/wants. 10.3 Park Improvement Planning/Funding Mr. Portner presented the staff report. He stated the city should have a replacement schedule to spread costs out more evenly throughout the years and provide the Parks and Recreation Commission and Council with a systematic plan of expectations. He discussed athletic complexes and noted they are a competitive business and teams/tournaments will go to communities with better facilities. He noted when teams come to town and see Elk River facilities;it paints a certain image of the community. He noted the city requires others to pave their parking lots but doesn't pave their own. He stated all the parks facilities require ongoing funding once they are acquired/created and there are timing and funding issues with them. Mr. Portner discussed the draft replacement plan and stated an investment is needed for park improvements/maintenance because the only current funding source is 45% of liquor store profits. He stated most cities have other funding sources such as a steadily increasing levy. He stated the city has missed 25 years'worth of funding so Elk River residents are currently not ready for this expense. He discussed the overall -4AURE City Council Minutes Page 10 August 7,2017 ----------------------------- budget and how it needs different/new sources of funding to operate or the city needs to stop doing certain things. He discussed some funding options with TIF/Tax abatement once districts are decertified. Mr. Portner noted the city needs large amounts of cash to keep operating the park system. He discussed current methodology and it's inequities to various user groups. He asked Council to think about what they want/don't want,how they feel about funding, and about a dedicated funding source. It was noted expected costs, as outlined in the draft replacement plan, are approximately$19 million over 30 years,which equates to about$630,000 per year, and does not include trails or future park buildout as the city grows. Councilmember Westgaard stated this helps put planning needs into perspective. He stated Council needs to make some decisions and noted these numbers don't include the arena, activity center, or the golf course. He questioned if there would be opportunities for sponsorships and advertising and if we are completely leveraging these funding sources. Mr. Portner stated the city doesn't have staff with experience to obtain sponsorships and advertising and currently has a contract with Decklan Group. He stated there is a position being requested in the budget that would provide for some of this type of marketing. He further questioned what someone is willing to pay for sponsorships in Elk River and noted you don't typically see most cities with them and the cities that do,have unique business situations. He noted the Council will have to make a lot of tough decisions,the city can't be all things to all people, and it is okay to cut services. Councilmember Wagner stated the city would be remiss if it didn't look into naming or sponsorship rights. She stated companies want to know the return on their investment. Councilmember Ovall asked if anything prohibits the city from getting endowments and it may be another avenue to consider. 10.4 2018 Budget Ms. Ziemer presented the staff report. Various staff presented their budgets. Mayor Dietz stated he couldn't support a $150,000 increase to the IT budget. Planning Councilmember Ovall stated he has a contact at the MN Dept. of Human Services and they perform contracted HIPPA compliant scanning services. Environmental Councilmember Ovall questioned the need for environmental to review every building permit. He asked if there could be potential improvement in streamlining process to free up Amanda's time if the city teaches planning and zoning how to P 0 W I R I U 9 Y otm§A UREJ City Council Minutes Page 11 August 7,2017 ----------------------------- review environmental requirements. He suggested setting up risk rates for determining whether further review is required. Mr. Portner noted previous issues citing the example of a builder getting an incorrect survey because the wetland delineation laws changed, mapping not always being current, and some need for field work. He further stated there are different expectation levels now because Elk River is an MS4 city. He also discussed the site plan review process. Ms. Bednar noted most reviews are quick and it is helpful being on the front end of the application before an applicant gets too far into the process. Council requested an update on Pinewood financials. -------------------------------------------- Mayor Dietz stated the City Council will be going into a closed meeting per MN Statute 13D.05, Subd. 3c to develop or consider offers or counteroffers for the sale of real property of 9950 165th Avenue NW. II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 10:14 p.m. John J. Dietz,Mayor Tina Allard, City Clerk UREJ Elk Rivet Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 7, 2017 Members Present: Mayor Dietz, Councilmembers Olsen,Westgaard,Wagner, and Ovall Members Absent: None Staff Present: City,Administrator Calvin Portner,Economic Development Director Amanda Othoudt, and City,Clerk Tina Allard I. Call Meeting to Order A0 Pursuant to due call and notice thereof, the special meeting of the Elk River City, Council was called to order at 10:18 p.m. by Mayor Dietz. 2. Motion Calling Closed Meeting Moved by Councilmember Wagner'and seconded by Councilmember Westgaard to call a closed meeting to develop offers or counteroffers for the sale of real property per MN Statute 13D.05, Subd. 3c. -, Motion carried 5-0. V qt� 3. Closed Meeting- MN Statute Section'1313.05, subd. 3(c) The purpose of the meeting was to develop offers or counteroffers for the sale of real property,described as PID -603-0020,property,south of 9950 65`h Avenue NW. 4. Ad'ournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 10:36 p.m. N6, — 1 11 John J. Dietz,Mayor? Tina Allard, City Clerk City of Elk Special Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, August 14, 2017 Members Present: Mayor Dietz, Councilmembers Olsen (5:05 p.m.), Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Environmental Coordinator Amanda Bednar, City Engineer Justin Femrite, Great River Regional Library (GRRL) Branch Manager Robbie Schacke, GRRL Lead Patron Services Supervisor Brandi Canter, GRRL Executive Director Karen Pundsack, Parks and Recreation Director Michael Hecker,Recreation Manager Steve Benoit,Arena Manager Rich Czech,Parks Maintenance Supervisor Tim Sevcik, Senior Citizen Coordinator Annette Bonin, Police Chief Ron Nierenhausen, Captain Bob Kluntz, Captain Darren McKernan, Community Operations and Development Director Suzanne Fischer, Fire Chief T.John Cunningham,Assistant Fire Chief Aaron Surratt, Building Official Bob Ruprecht,Liquor Operations Manager Dave Potvin,Assistant Liquor Operations Manager Steve Tillman,WWTP Chief Operator Matt Stevens, Stormwater Coordinator Brandon Wisner, and Recording Secretary/Sr. Administrative Assistant Jennifer Green Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council `;was called to order at 5:00 p.m. by Ma or Dietz. 2. ledge of Allegiance The Pledge of Allegiance was recited. 3. Energy City Commission Appointment The council interviewed Ann Anderson and Asa Kingsbury for the Energy City Commission openings. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Ann Anderson for the school district representative and Asa Kingsbury for the residential customer at-large seat on the Energy City Commission for 3 year terms expiring February 28, 2020. Motion carried 5-0. City Council Minutes Page 2 August 14,2017 ----------------------------- 3. Garbage Appeal Requests Mr. Portner presented the staff report. It was the consensus of the council to prepare an ordinance amendment to establish an appeal process for residents to follow should a resident, after working with staff, wish to appeal staffs decision to the City Council. Staff will prepare an ordinance amendment with legal counsel and bring back at a future meeting for approval. 3.3 2018 Budget Discussion Ms. Ziemer presented the staff report. Various staff presented their budgets. Library Mayor Dietz proposed increasing operating hours by 3 hours per week to adopt a standard 10:00 a.m. library opening from Monday—Saturday at an additional cost of $2,200 per year. He stated to cover this additional cost, library staff would like to use their own staff to accommodate 2 of the 3 story time sessions. He asked the council to consider this to begin January 1, 2018, and staff requested a five-year commitment. Council discussed the use of volunteers,the building of programming for tween, teen,and seniors,and circulation. It was the consensus of the council to proceed with adopting a 10:00 a.m. opening effective January 1, 2018, and an agreement will be drafted and presented to the GRRL board to review and adopt before presenting to the council at a future meeting. Activity Center Council discussed charging a higher non-resident fee for membership and activities. Park Maintenance Councilmember Westgaard asked to have staff discuss with legal counsel if it's a liability for the city to rent a lift and have a contractor use it to make city-requested repairs. Equipment Replacement Fund- Mayor Dietz requested to delay the purchase of a new fire truck for one more year. Assistant Chief Surratt stated Engine 1 is currently in reserve status due to its condition. The Council discussed pros and cons of purchasing versus leasing of equipment. Mr. Portner stated in 2018 going forward this fund will struggle because it's not being funded as it needs to be. Ms. Fischer will provide to the council benchmarking from other cities on equipment replacement schedules. UREJ City Council Minutes Page 3 August 14,2017 ----------------------------- Liquor Stores Mr. Potvin presented statistics on Sunday sales, noting they are only 6 weeks into the law change and indicated Saturday sales have dropped. He stated they will continue to monitor these to determine if there's a need to open Westbound on Sundays. Mr. Potvin stated he intends to retire on December 1, 2017. Garbage It was the consensus of the council to increase the garbage fees as outlined in the staff report. 4. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:46 p.m. Minutes prepared by Jennifer Green. John J. Dietz,Mayor Tina Allard, City Clerk UREJ