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03-19-2018 CCM�� Meeting of the Elk River City Council Ver Held at the Elk River City Hall Monday, March 19, 2018 Members Present: Acting Mayor Ovall, Councihnembers Olsen, Westgaard, and Wagner Members Absent: Mayor Dietz Staff Present: City Administrator Calvin Pormer, City Attorney Peter Beck, Planner BrieAnna Simon, Senior Planner Chris Leeseberg, Planning Manager Zack Carlton, Park Maintenance Supervisor Tim Sevcik, Parks and Recreation Director Michael Hecker, Executive Secretary/Deputy City Clerk Jessica Miller, and Records Specialist Katie Porath 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 6:02 p.m. by Acting Mayor Ovall. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider March 19, 2018 Agenda City Attorney Beck requested item 4.3 be removed from the Consent Agenda. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the March 19, 2018, agenda with item 4.3 removed from the Consent Agenda. Motion carried 4-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councihnember Olsen to approve the following consent agenda: 4.1 February 20, 2018, Regular Minutes March 5, 2018, Closed Minutes March 5, 2018, Regular Minutes 4.2 Check register, check numbers 9929 and 105468-105620 as outlined in the staff report. 4.3 Removed. 4.4 Temporary On -Sale Liquor License to Davis Darrow Meyer American Legion Post 112 for June 8 and June 9, 2018, with the condition alcohol must be confined to an area enclosed by a fence with secured, controlled access and limited to the beer garden and grandstand area. Age verification is required and wrist band control is recommended. City Council Minutes Page 2 March 19, 2018 --------------------------- 4.5 Adopt Resolution 18-16 rescinding Resolution 17-63 and approving a premises permit for Elk Rivet Youth Hockey Association. 4.6 Planned Unit Development Agreement for Jackson Hills. 4.7 Hire Paul Melin for IT Support Assistant position effective March 20, 2018. Motion carried 4-0 S. Open Forum Patrick Briggs, 633 Upland Avenue NW, representing Elk River Lodge and Residential Suites, gave a presentation regarding the timeline of his Tax Increment Finance application. Mr. Briggs wished to clarify previously discussed information and urge the Council to reconsider his application. 6.1 Volunteer of the Month Acting Mayor Ovall introduced and presented a plaque to Brandon Hanson as the Volunteer of the Month Award for March. He noted many accomplishments including: ■ Just finished six years as a Board Member for CAER • Central Lutheran Church Councilmember • Elk River Rotary Club president, Taste of Elk River Chair, board member, and STRIVE coordinator ■ "Walk with Me Mentor" at Ivan Sand School for Elk River Area Young Life • Elk River Youth Hockey Association coach 7.1 Conditional Use Permit: Cargill Ms. Simon presented the staff report. Acting Mayor Ovall opened the public hearing. There being no one to speak to this issue, Acting Mayor Ovall closed the public hearing. Councilmember Wagner asked if residents north of the property expressed concerns about odor with the increase of 300 animal units. Ms. Simon spoke to a number of residents and they expressed no additional concerns with the increase in animal units as these animals will be located near existing builds on the site. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve Conditional Use Permit CU18-03 with the following conditions: 1. The CUP shall not be recorded until all conditions have been completed. 2. The authorized use shall not begin until the CUP is recorded. rortete er NATURE City Comm Minutes March 19, 2018 Page 3 3. If the proposed work described in the application and CUP has not been substantially completed within two years after the date of issuance, the permit shall expire and become void. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. 5. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 6. All refuse collection containers shall be stored within an enclosure facility large enough to accommodate the collection of all materials. Refuse containers and materials must be out of sight from neighboring properties and street. 7. The applicant shall submit a site plan for staff approval identifying the required 89 required parking stalls. 8. Parking stalls shall be striped in accordance with City Ordinance, Section 30-892 and as shown on an approved site plan. 9. As additional buildings are planned, all work must be submitted for prior city approval before permit application. 10. All maintenance or shop work shall take place indoors. 11. Outdoor storage areas shall be completely screened from view within all public rights-of-way and commercial or residentially -zoned parcels. Screening will consist of at least a 6 -foot tall fence made of wood, factory finished metal or vinyl panels, or chain link with vinyl slats, if not screen by an adjacent building. 12. Outdoor storage areas shall not be located in designated parking areas or areas striped for parking. 13. Expansion shall comply with the request outlined in the following table: otal of Cargill Existing Expansion Request Total w/add aces ce Space (s 25,000 0 25,000 ehouses ELaib 60,000 10,000 70,000 ess space s� 15,000 5,000 20,000 Space (s 11,000 14,000 25,000 Shop Space (s 7,500 0 7,500 Animal Housing so 80,000 40,000 120,000 Animal Units 600 300 900 Process Tons/Year 3,000 0 3,000 Lagoons (capacity Rallons) 3,600,000 0 3,600,000 Acreage total 920 0 920 Employees (FT & Tem 125 25 150 FuelStoxa a allons 35,000 0 35,000 14. Any expansion that is consistent with the expansion request summary in the table above shall require administrative site plan review. 15. Any expansion that is not consistent with the expansion request summary above shall require a CUP amendment. NATURE City Counca Minutes Page 4 March 19, 2018 Motion carried 4-0. 7.2 Ordinance Amendment: Chapter 30 Definitions Mr. Leeseberg presented the staff report. Acting Mayor Ovall opened the public hearing. There being no one to speak to this issue, Acting Mayor Ovall closed the public hearing. Councilmember Westgaard asked about the definition of the size of "accessory dwelling" being "not more than 1,000 square feet, nor less than 250 square feet in size" and why these specific sizes were determined. Mr. Leeseberg stated the 250 square feet size limit was determined by building permit requirements. Councilmember Westgaard did not see anything alarming in the ordinance despite the length of the ordinance. Mr. Leeseberg stated the ordinance can be adjusted at any time if they may have trussed anything. Moved by Councilmember Westgaard and seconded by Councilmembet Olsen to adopt Ordinance 18-02 amending Sections 30 —1 Definitions of the City of Elk River, Minnesota City Code. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councihnember Olsen to adopt Resolution 18-17 approving Notice of Summary Publication of Ordinance 18-02, an ordinance amending Sections 30 -Definitions. Motion carried 4-0. 7.3 Ordinance Amendment: Industrial and Commercial Zoning District Uses Mr. Leeseberg presented the staff report. Acting Mayor Ovall opened the public hearing. Ryan Holmgren, 12915 195`' Ave NW, representing youth sports, felt the ordinance would restrict youth sports indoor facility use. He stated the Council was missing the big picture by limiting athletic facility growth and groups and leaving the ordinance as is would not cost anything to taxpayers. Dave Lodermeier, 12601 195" Ct, president of the Elk River Youth Baseball Association, stated it is a challenge to meet budgets and find facilities to use. He stated the City of Ramsey has one dedicated sports facility building and it would be P01EAEI It NATURE City Council Minutes Page 5 March 19, 2018 nice if Elk River had a big complex as well. He stated they will have to seek out different locations if they do not have opportunities to expand in Elk River. Tim Dolan, 13467 212`s Ave NW, stated allowing parking lots and warehouses does not help with job creation. Industrial zoning districts 1, 2, and 3 are better for commercial recreation facilities than businesses because of ceiling heights. He did not see how this ordinance would help in the long term. Acting Mayor Ovall closed the public hearing. Councilmember Wagner agreed with Mr. Hohngren, Mr. Lodermeier, and Mr. Dolan stating it may be a mistake limiting commercial recreation facilities in industrial zoning districts 1, 2, and 3. She stated would not support the ordinance as written because of its impact on the future of youth sports. Councilmember Westgaard questioned the basis for removing commercial recreation facilities from industrial zoning districts and specifically where it would not be allowed. Mr. Leeseberg clarified commercial recreation facilities would not be allowed in industrial zoning districts 1, 2, and 3; however, 12 other zoning districts still allows commercial recreation facilities. He stated the role of staff is to look at all areas of an ordinance change including planning and economic development and identify what is the purpose of an industrial district. Jill Larson -Vito, Planning Commission, stated the goal of the Planning Commission is to consider job creation in industrial districts, the limited available space for job creation, and preserving spaces for a neat and orderly development where certain types of businesses are located in the type of zoning district they are designated for. Councilmember Westgaard asked if there have been issues with commercial recreation uses in an industrial district in the past. Ms. Larson said the complaints received regarding Spectrum School children in an industrial area would also hold true for children using a commercial recreation facility. Councilmember Westgaard agreed some industrial businesses have government contracts prohibiting their proximity to other zoning uses. Mr. Leeseberg stated the Planning Commission has to look at both industrial and recreational sides and their intent is not to discriminate against a particular use, as they all need a logical place to go. Councilmember Olsen asked how many situations the city may currently have where commercial recreation facilities are operating in industrial spaces. Mr. Leeseberg estimated 2 to 4 places of business may be affected. He stated with the ordinance change, they would be allowed to stay, but would not be able to I/1EIEI 81 NATUREI City Council Minutes March 19, 2018 Page 6 expand or move to another industrial use space and new commercial recreation facilities would not be able to locate in the zoning district. Mr. Leeseberg stated zoning, by its nature, discriminates against every other use besides the ones stated. Councilmember Westgaard recommended the Council look into this issue further. He also wished to address the portion of the ordinance removing worship facilities from the Downtown District. He stated small congregations typically look for small leasable space which is often an unleased storefront and feels it would be better if these space were used by someone rather than remaining empty. Mr. Leeseberg stated worship facilities typically are used only on Sundays and Wednesdays and for funerals and would be idle the rest of the week rather than generating traffic and revenue as intended for the downtown. Councilmember Wagner felt staff was trying to clean up paperwork but not looking at how it would affect members of the community. She stated the Council is being asked to solve a problem when there is not a problem currently. Mr. Leeseberg stated the role of planning staff is to anticipate potential future problems and avoid them. Acting Mayor Ovall asked if portions of the item should be tabled to review at a future Council meeting. Councihnembers Westgaard and Olsen agreed continuing the sections of the ordinance amending worship facilities in the Downtown District as well as use of Industrial 1, 2, and 3 zones should be tabled for further discussion. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 18-03 amending Sections 30-1022,30-1023,30-1024, 30-1025, 30-1294,, 30-1562, 30-1565, and 30-1583 of the City of Elk River, Minnesota City Code still allowing Commercial Recreation Facilities in all Industrial Districts (Sections 30-1292, 30-1293, and 30-1295) and allowing Institutional Uses (worship facilities only) in the Downtown District (Section 30-1026). Motion carried 4-0. 8.1 Trails Master Plan Mr. Hecker presented the staff report. The Council thanked staff for their efforts in preparing the Trails Master Plan. Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt the Trails Master Plan as an addendum to the Parks and Recreation Master Plan. Motion carried 4-0. 4.3 Easement Vacation: Pipe Portfolio 1/IEIEI Ir NATURE City Council Minutes March 19, 2018 Page 7 Item 4.3 was removed from the Consent Agenda. Attorney Beck updated the Council on the Pipe Portfolio easement vacation and asked the Council to make four motions approving this item with the understanding an amended document may need to be approved at a future Council meeting. Moved by Councihnember Wagner and seconded by Councilmember Westgaard to approve the Grant of Permanent Easements Agreement, granting the city eight separate utility easements for water and sewer lines on the Pipe Portfolio property. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Utility and Ingress and Access Easement Agreement connecting Quinn Avenue and the city water tower property providing the city permanent, legal access to the water tower. Motion carried 4-0. Moved by Councihnember Wagner and seconded by Councilmember Westgaard to approve the License Agreement granting Forterra (Pipe Portfolio) permission to store materials and park on portions of the city - owned water tower property. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Quit Claim Deed to Pipe Portfolio, which conveys any residual interest in the previously vacated rights of way to Pipe Portfolio. Motion carried 4-0. 9. Discuss Work Session Items There were no work session items. 10. Adjournment There being no further business, Acting Mayor Oval] adjourned the meeting of the Elk River City Council at 7:27 p.m. Minutes prepared by Katie Porath. Tina Allard, City Clerk PON [[a[I It INATUREJ