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03-16-2020 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, March 16, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Nate Ovall Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, Planning Manager Zack Carlton, Deputy Clerk Jessica Miller 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 6:01 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz moved the Energy City Commission Appointment listed as 9.1. to item 8.4. Mayor Dietz noted the work session items have been postponed due to COVID-19 concerns. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember. Westgaard to approve: 4.1 March 2, 2020, regular minutes. 4.2 Check register, check numbers 113839-114014 as outlined in the staff report. 4.3 Resolution 20-17 authorizing submittal of the Outdoor Recreation Grant Program Application for Orono Park. 4.4 Pay estimates as outlined in the staff report. Motion carried 4-0. S. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 March 16, 2020 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the March Volunteer of the Month award to Jeanette Lange. He highlighted the following: ■ Delivers Meals on Wheels • Helps clean St. Andrew's Church and maintains plants • Delivers food collected at St. Andrew's to CAER ■ Assists at Elk River High School plays ■ Participated in "Rake the Town" ■ Volunteers for Feed My Starving Children • Was involved with Minnesota Nice sending care packages to soldiers overseas ■ Worked at several Relay for Life events • Went to New Orleans twice after Hurricane Katrina to help rebuild homes 7.1 Interim Use Permit: Multi -Family Residential Use in Single -Family Zoning District, Sogdiana LLC/Safar Khamdamov, 732 Vernon Avenue Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Council asked for a condition verifying the current tenants have been notified of the Interim Use Permit and the three-year expiration. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Interim Use Permit for Sogdiana LLC/Zafar Khamdamov, 732 Vernon Avenue, with the following conditions: 1. The Interim Use shall terminate after 3 years (36 months) or when the property changes ownership, whichever occurs first. 2. The Interim Use Permit will be recorded against the property to put any future buyers on notice that the Interim Use Permit will not run with property. 3. The structure shall be returned to a single-family home prior to sale or when the Interim Use Permit terminates. 4. The applicant shall submit a deposit in the amount of $5,000 to ensure compliance with the Interim Use Permit conditions. 5. The applicant shall provide documentation each tenant received a letter indicating the Interim Use Permit will expire in three years (March 16, 2023) and the structure will be converted back to a single-family residential district Motion carried 4-0. 0■ E A E I I f NATURE City Council Minutes March 16, 2020 Page 3 Councilmember Christianson questioned if the city could require the property owner to pay relocation expenses for the tenants if the rental license is not approved. Attorney Beck stated it may be tough for the city to find lawful authority to require reimbursement. Mayor Dietz indicated this item can be brought back for Council to discuss options if the property does not pass rental inspection. 7.2 Conditional Use Permit: Operate Auto Repair Facility, Racin' Repair, Jason Ryan, 141 15 Ranch Road Mr. Leeseberg presented the staff report. He noted the applicant expressed concern with the condition requiring concrete curb and gutter. The Planning Commission agreed the curb and gutter was not necessary and recommended removal of the condition. Staff maintained the condition and it is included in the Council recommendation. The City Council may grant an exemption to the requirement if installing curb and gutter presents a hardship to the uniqueness of the business or other conditions. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Jason Ryan, owner Racin' Repair, 14115 Ranch Road, stated the auto repair started as a hobby but the last eight years have been full time. He explained he would like to get into a commercial space as he grows but it's expensive. He agrees with the conditions for fencing and class 5 and believes it may help prevent future complaints. Councilmember Westgaard stated he doesn't believe concrete curb and gutter is necessary in this case. Councilmember Wagner concurred. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit for Racin' Repair, Jason Ryan, 14115 Ranch Road, with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. Nine parking stalls shall be provided a minimum of 10 feet from any property line. 3. All driving areas and parking areas shall be paved with an approved surface (asphalt, concrete, or class 5). 4. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated March 12, 2020. 5. Any future proposed hardcover shall meet the 45-foot wetland setback. P01FaEI oY NATURE City Council Minutes March 16, 2020 Page 4 6. All septic systems must provide a certificate of compliance or notice of noncompliance for the existing septic system and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 7. Follow Minnesota Pollution Control Agency guidelines for chemical waste and secondary runoff controls. 8. There shall be no repair or maintenance of vehicles outside of the building. 9. All openings to the accessory structure be closed when the business is in operation. 10. Car, truck, RV, and marine sales shall not be allowed. 11. All vehicles stored on the premises shall be stored within an area which is screened by a 7 (seven)- foot high 100% opaque fence. Motion carried 4-0. Mr. Leeseberg indicated staff would like Council direction on how to fairly treat home occupations versus commercial businesses and what level of building/fire code enforcement city staff should apply to home occupations. Council directed staff to gather information and bring back to a future work session. 7.3 Trout Ridge Run, PID 75-879-0010 ■ Zone Change from R-1 c to Planned Unit Development (PUD) ■ Conditional Use Permit to establish a PUD for a 6-lot residential subdivision ■ Preliminary and Final Plats of Trout Ridge Run Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Christianson questioned the deviation from the 80-foot lots. Mr. Carlton explained 80-foot lots used to be the standard throughout the Twin Cities but now the market is moving towards 65-foot lots. Councilmember Wagner questioned if all neighbors were notified. Mr. Carlton stated all neighbors within 500-feet were notified. Councilmember Wagner questioned if the driveways align. Mr. Carlton indicated it appears from the plan about every other driveway aligns. The Council discussed and didn't have a major concern whether the driveways aligned. 19 E 8 E I I Y NAWRE City Council Minutes Page 5 March 16, 2020 ----------------------------- Councilmember Christianson indicated the request to reduce lot size has come up quite a bit since he's been Councilmember. He questioned if this is something that should be discussed at a fixture work session. Councilmember Wagner explained most of these requests come before the Council at work session giving the Council a chance to discuss. She stated these lots are consistent with those approved for Twin Lake Estates and she is ok with approving this request. Councilmember Westgaard indicated this request is in an urban residential area versus a rural residential area. He explained he feels there is a variety of lot sizes in Elk River depending on the location and zoning. He stated this request has been discussed and is consistent with the surrounding neighborhood and he is comfortable with approving it. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Ordinance 20-02 amending the zoning of PID 75-879-0010 from R-1c (single family) to Planned Unit Development (PUD), with the condition that a PUD agreement must be approved by the City Council prior to recording the zone change. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve a Conditional Use Permit establishing a residential Planned Unit Development, with the following conditions: 1. Side yard setbacks shall be 7.5 feet. 2. Minimum garage size shall be 633 square feet. 3. The city will not maintain the proposed stormwater infrastructure along the west side of proposed homes and between lots 2 and 3. 4. Update pipe material to ensure there is enough strength to support maintenance vehicle traffic. 5. Submit a stormwater maintenance agreement that clearly outlines maintenance responsibilities of the stormwater infrastructure. 6. Timing and location of all utility connections beneath Tyler Street will need to be approved by the Public Works Director prior to construction and may require an escrow to ensure the work is completed to city standards. 7. Staff must approve all plans associated with the utility connections prior to construction. 8. Additional vegetative screening, approved by city staff, be added to the south and west boundaries of the subdivision. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Preliminary Plat of Trout Ridge Run with the condition a review for the need for a larger drainage and utility easement to accommodate ki maintenance traffic for stormwater pipes is completed. Motion carried 4-0. p 0 1 E R E I 11 NATURE City Council Minutes March 16, 2020 Page 6 Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt resolution 20-18 approving the final plat of Trout Ridge Run with the following conditions: A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 1. Park Dedication shall be paid in the amount required by the city when the final plat is released for recording (currently $1,425.93/lot). 2. Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording (currently $368/plumbing unit). 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director must be secured. 5. Development Plan shall be approved by the public works director prior to issuance of building permits. 6. Staff approval of all plans prior to releasing the plat for recording. 7. All mailboxes shall be clustered in one location. 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 4-0. 7.4 Ordinance Amendment: Definition and Permitted Locations for Townhomes Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve Ordinance 20-03 amending Section 30-1, Definitions; Section 30-995, R-4 district; Section 30-1584, MU-ERP mixed use Elk River Plaza district; 30-1587, Focused Area Study (FAST). Motion carried 4-0. 7.5 Ordinance Amendment for Fences: Addressing Visibility at Intersections and Driveways Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to May 18, 2020. p o t E A E 1 B I NATURE City Council Minutes March 16, 2020 Page 7 Moved by Councilmember Wagner and seconded by Councilmember Christianson to continue the public hearing for the ordinance amendment for fences to May 18, 2020. Motion carried 4-0. 8.1 Woodland Trails Regional Park Nature Play and Shelter Construction Project Mr. Hecker presented his staff report. Councilmember Westgaard questioned potential issues with staff and volunteers doing a portion of the work and not moving at the speed the contractor wants. Candace Amberg, WSB, indicated this will be coordinated with the contractor. She stated the contractor will need to establish boundaries and do most of his work prior to staff and volunteers coming in so she isn't anticipating any major conflicts. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to award the contract of the Woodland Trails Regional Park Nature Play and Shelter construction project to Odessa II for the base bid and alternate #1 for a total amount of $351,605 and the purchase of the Chelsea Style shelter from Northland Recreation for $61,067. Motion carried 4-0. 8.2 Sick Leave Donation Policy Mr. Portner presented the staff report. He added he would also like to allow employees to use sick leave for daycare, quarantine, and other unforeseen events impacting employees because of the pandemic. Moved by Councilmember Christianson and seconded by Councilmember Wagner to amend the Sick Leave Policy to allow city administrator discretion for the approval of sick leave donation that is not used concurrently with FMLA and to allow the use of sick leave for childcare and quarantine directly related to the pandemic. Motion carried 4-0. 8.3 Board and Commission Attendance Policy Mayor Dietz asked for this to be on agenda. He added he has had some complaints about the current policy and would like to revisit the entire policy in July. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to suspend the Board and Commission Attendance Policy until July 31, 2020, at which time the entire policy will be reviewed. Motion carried 4-0. Councilmember Christianson questioned if we can Skype. Mr. Portner explained we can Skype in the conference room but not in the Council Chambers. He added upgrades on the Council Chambers are scheduled to begin tomorrow and that will likely allow the ability to Skype by the next meeting. EF 01ESE0 I1ATURE City Council Minutes Page 8 March 16, 2020 8.4 Energy City Commission Appointment Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Vern Iverson to the Energy City Commission as a residential customer representative for a term to begin immediately and expire February 28, 2023. Motion carried 4-0. Mr. Portner stated our city website has a page dedicated to COVID-19 information as it relates to city services. He indicated the Activity Center and Ice Arena are closed and Great River Regional is closing the library this evening. He explained most city services are essential so for the most part it is business as usual for the city. He added staff is working to minimize contact and utilize work from home options. He explained the city is operating under a State of Emergency which brings different rules for meetings, etc. Mr. Portner indicated Chief Dickinson is the emergency manager but asked for the Council to bring any concerns to him rather than going directly to Chief Dickinson. Councilmember Westgaard indicated Elk River Municipal Utilities is operating in emergency response mode and not a lot of staff are present, but they are operating business as usual for maintaining power supply, billing, etc. Councilmember Christianson attended a ResCare meeting with the area residents, and he said the tone was different, more informational. He stated ResCare is projected to open the second week of April and they plan to hold another meeting with the neighbors at that time. 9. Work Session Work session items were postponed to a later date due to concerns with the COVID-19 pandemic. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:03 p.m. Minutes prepared by Jessica Miller. bhn J '� 1 % Tina Allard, City Clerk III' EREI 11 NATURE