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07-17-2017 CCM 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 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.m. 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 NATUREJ 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 NATUREJ 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 NATUREJ 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 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 NATUREJ 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 Outlot 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 Outlot B from the owner. Mr. Beck indicated he has had multiple communications with the attorney for the owners of Outlot 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 Outlot 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 NATUREJ 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 NATUREJ 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 5I 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 pro)ect 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: NATUREJ 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 NATUREJ 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 NATUREI 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. NATURE] 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 NATUREJ 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 NATUREJ 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 NATUREJ 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 NATUREJ 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 901h 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 NATUREJ 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 NATUREI 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, 13329-1901h 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 — 1901h 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 — 1901h 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 NATUREJ 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 1901h 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 NATUREJ City Council Minutes July 17, 2017 Page 21 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 & 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. by Jennifer Green. Tina Allard, City Clerk P01'1aII II NATURE