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10-19-2020 Regular CCMMeeting of the Elk River City Council Ver Held at the Elk River City Hall Monday, October 19, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, Police Chief Ron Nierenhausen, City Attorney Peter Beck, Community Operations and Development Director Suzanne Fischer, Public Works Director/Chief Engineer Justin Femrite, Building Maintenance Supervisor Gary Lore, IT Manager Bob Pearson, IT Manager Seth Calvin, Finance Director Lori Ziemer, Engineering Project Manager Brandon Wisner, Parks and Recreation Director Michael Hecker, Park Maintenance Supervisor Tim Sevcik, 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 6:08 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve: 4.1 September 21, 2020, Minutes 4.2 Check register as outlined in the staff report 4.3 Pay Estimates as outlined in the staff report 4.4 Engineer Position Descriptions 4.5 Ordinance 20-11 Amendment: Adopt Met Council Sewer Availability Charges and Water Availability Schedule 4.6 Ordinance 20-12 Amendment: Authorize Loans for Repair or Replacement of Private Subsurface Sewage Treatment Systems City Council Minutes Page 2 October 19, 2020 ----------------------------- 4.7 Professional Services Agreement 2020-34 with City of Wyoming for Services Associated with Type IV SSTS 4.8 Liquor License Fee Rebate 4.9 Ordinance 20-13 Amendment: Great Northern Trail Closure during hunting season 4.10 Fire Department Hires 4.11 Continue suspension of temporary sign fees and standards Motion carried 5-0. S. Open Forum Katie Uttke,11847 190`s Ave NW, wished to talk about allowing chickens in certain areas of the city. The item will be brought back for discussion. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the October Volunteer of the Month award to Eileen Anderson. He highlighted the following: ■ Command Performance Choirs: Founder and Artistic Director for 20 years • Youth Theater Workshop: Co -Founder and Artistic Director for 18 years • North Star Arts: Co -Founder and Artistic Director for 3 years • Elk River Community Theater: Board of Directors for 20 years • Elk River Arts Alliance: Committee member, Variety show music director, Art Soup volunteer • Guardian Angels Gala Committee: 2 years • Elk River Rotary: Taste of Elk River, Talent Show judge • Salk Middle School: Solo Ensemble Judge Classroom volunteer at several ISD 728 schools Sherburne County 4H equine project leader for 6 years 7.1 Conditional Use Permit: Speed Cutters Outdoor Maintenance, LLC, to Operate Landscaping Contractor Yard at 19128 Industrial Blvd Mr. Leeseberg presented the staff report. A fifth condition has been added and is agreeable to the applicant. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The outdoor storage area shall be completely enclosed within the existing six -foot -tall privacy fence. IkrIATUIIE City Council Minutes Page 3 October 19, 2020 ----------------------------- 2. There shall be no storage of any materials and/or products outside of the outdoor storage area. 3. Materials shall not be stacked higher than six (6) feet in the outdoor storage area. 4. If the outdoor storage area is to be increased more than 20,000 square feet, an amendment to the conditional use permit shall be required. 5. Fuel storage tanks must be located in the fenced area and shall not be taller than the privacy fence. Motion carried 5-0. 7.2 Preliminary and Final Plat: Wash N Fill Properties of Minnesota, LLC for Elk River Crossing Eighth Addition at 118296 Zane Street Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing Robert Foster, attorney for the applicant, asked that the council approve the request. Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the Preliminary Plat for Elk River Crossing Eighth Addition, with the condition that ingress/egress easements providing perpetual access to the Zone Street for both parcels be recorded with the plat. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 20-68 approving the Final Plat of Elk River Crossing Eighth Addition and direct the city attorney review and approve the ingress/egress easement prior to releasing the plat for recording. Motion carried 5-0. 7.3 Elk River Municipal Utilities a. Zone Change: Rezone from Two Family Residential (R-2a) to Single Family Residential (R-Ic) b. Easement Vacation: Street & Right -of -Way c. Preliminary Plat of ERMU Addition d. Conditional Use Permit to allow government facility in Single Family Residential District e. Final Plat Mr. Leeseberg presented the staff report. Because of changes to the Conditional Use Permit, Item 7.3d will return to the Planning Commission and then come back to the council in December. 0 1 E I E I I T NATURE City Council Minutes October 19, 2020 Page 4 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Wagner asked if a triangle portion on the map was part of the request. City Attorney Beck stated that this section was a right of way for a nearby residential property. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Ordinance 20-14 rezoning certain properties from R-2a to R-1c as the rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 20-69 vacating a portion of the right-of-way platted as Fourth Street (Depot Street). Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the Preliminary Plat for ERMU Addition. Motion carried 5-0. Mayor Dietz opened the public hearing for Item 7.3d. There being no one to speak to this issue, Mayor Dietz closed the public hearing. The item has been withdrawn and will be readvertised as a public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 20-70 the final plat of ERMU Addition with the conditions the easement vacation (EV 20-05) shall be recorded. Motion carried 5-0. 7.4 City of Elk River • Preliminary Plat of Orono Addition • Easement Vacation: Right -of -Way and Drainage and Utility Easements • Conditional Use Permit: Expand Existing Public Safety Facility 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. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve the Preliminary Plat for Orono Park Addition with the following conditions: P 0 V E A E 1 0 1 NATUREI City Council Minutes Page 5 October 19, 2020 ----------------------------- 1. Update the plat to include all required drainage and utility easements to preserve access to public and private utilities. 2. EDA approval of a deed transferring ownership of certain parcels to the city. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 20-71 vacating roadway and drainage and utility easements within the plat of Orono Park Addition with the condition that the resolution will not be recorded prior to the Council approval of the Final Plat of Orono Park Addition. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve a Conditional Use Permit (CUP) authorizing the expansion of the city -owned public safety building. Motion carried 5-0. 7.5 Ordinance Amendment: City of Elk River regarding signage on wind turbines 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 Westgaard and seconded by Councilmember Ovall to adopt Ordinance 20-15 amending City Code Section 30-804, wind turbines. Motion carried 5-0. 7.6 Conditional Use Permit: Operate Tap Room/Continue Brewing Operations, Aegir Brewing, 19050 Industrial Blvd Mr. Leeseberg presented the staff report Mayor Dietz opened the public hearing. Timothy Jones and Jeremy Jones, the applicants, were in attendance. Jeremy Jones felt that most of the conditions could be met but asked for some modifications. He wished to know if the April 1, 202,1 deadlines could be pushed later or stipulate "weather permitting". For condition 10, he wanted to create temporary posts in the paved area that can be removed for snow plowing and extended events. For condition 14, he wanted to remove the limitation of dogs on the premises. He also mentioned, in condition 11, there have been no noise complaints from the other tenants in the building, so he doesn't feel like sound attenuation needs to be addressed. p 0 V I a k I I NATURE City Council Minutes October 19, 2020 Page 6 Timothy Jones felt that some of the material submitted by the tenants was a personal attack. Mayor Dietz asked about the need for additional restrooms if the property was modified for a different use. Timothy Jones stated he would have to go back to the architect to ask about additional restrooms. Jeremy Jones asked the council to move forward contingent on complying with building codes. They cannot start building until they get approval Mr. Leeseberg stated the current plans do not show enough detail. Jeffrey O'Brien, legal counsel representing Minka, Inc., stated his client needed coded entry because of patient privacy and to protect employees. Wilson Rattler, owner of Loving Hands Transportation, was in attendance. He asked why there wouldn't be a door going directly into the taproom. He is concerned about safety of their personal property. Mayor Dietz closed the public hearing. Councilmember Wagner asked about the number of parking stalls and how many were for Aegir versus for the tenants. Mayor Dietz is concerned about the safety of the front door and noise. Who decides if there is "too much noise"? Timothy Jones said, in the case of a dispute, they have 10 days to solve a written dispute and could go to court to resolve complaints. Councilmember Ovall asked, if a firewall was required by the building department, would that also act as a sound barrier? Councilmember Westgaard stated the council wants to work with Aegir but must question if the proposed building use is congruent with surrounding businesses. When you occupy and own a multi -tenant building, you have an obligation not to ruin existing businesses. The current level of patrons at the brewery is not the same as it could be when it is converted to a taproom and the noise levels will change as well. He felt that the secure front door was important to keep the tenants viable. He asked about a separate entrance to the taproom. He hopes that Aegir and its tenants could work together moving forward. Councilmember Wagner asked about the location of the dog park. She questions having the dog run right outside tenant office space which may cause disruptions during the workday. NATURE City Council Minutes October 19, 2020 Page 7 Timothy Jones stated there are many breweries with a dog park. He was willing to modify the dog run to only extend along the portion of the building Aegir currently occupies and extend it in the future. Mayor Dietz verified that patrons will be outside with their dogs in the dog park. Timothy Jones confirmed there will be places to sit with your dog in the park and there will be a staff person in attendance on weekends. Councilmember Wagner questioned conditions 14, 15, 16, and 17 as she felt this was not a kennel. Councilmember Ovall confirmed that the current tenant leases extend into 2022, therefore, accommodation needs to be made for the next two years until it can be a single tenant building. He is also concerned with how much the council is involved in determining tenant rights. City Attorney Beck stated the issue before the council is if this use can function in this location and meets the conditions of the CUP. The city can require conditions at the council's discretion so that the standard is met independent of lease or tenant/landlord law. Since the proposed kennel is part of the CUP, the limit on number of dogs could be removed, but he recommends including cleaning up after dogs as a condition. He said council could add a condition requiring designated parking spots with signs. Timothy Jones stated, if the front door security is the big issue of the day, they can work with using the back door for their taproom entrance for two years until they are the sole occupants of the building. Mayor Dietz recommended adding a condition designating a certain number of parking spots with signage for tenants. Mr. Leeseberg confirmed that there are 10 parking stalls designated for tenants. Council discussed what signage should say to allow for some overnight parking as well as use of parking spots for taproom use when tenants are not occupying the building. Councilmember Westgaard recommended moving the deadline for condition 8 and 10 to May 1, 2021, changing condition 10 to reflect a permanent but adjustable fencing, removing conditions 14 and 15, delineating the size of the dog kennel to extend along the portion already owned, the designated parking spots with signage showing six spots as tenant only parking between 6:00 a.m. and 6:00 p.m. and four parking spots as tenant only parking 24/7. A condition should be added addressing the security of the front door. r011JJ�FR10 BY ATUR City Council Minutes October 19, 2020 Page 8 Mr. Leeseberg asked the council who would be paying for the parking spot signs. Council felt it was the obligation of the applicant. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit to operate Tap Room/Continue Brewing Operations with the following conditions: 1. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building codes and all applicable conditions of approval have been completed. 2. No demolition or construction activities can occur within or on the exterior of building until a building permit has been applied for and issued. 3. No tap room operations or expanded brewery operations can occur until: a. The Conditional Use Permit has been recorded. b. The building has received a certificate of occupancy. 4. A taproom license shall be obtained from the state and city. 5. No more than 20,000 barrels of its own brands of malt liquor may be brewed annually. 6. A minimum of 49 parking stalls shall be provided on the subject property. 7. If overflow parking is repeatedly observed on the street and impacts industrial traffic, proof of parking area shall be installed by the property owner in accordance with city ordinance. 8. The parking lot area shall be striped by May 1, 2021. 9. A compact outdoor patio shall be as shown on the Approved CUP Site Plan dated 10-19-2020. 10. The outdoor patio area shall be delineated with a permanent fence by May 1, 2021. The fence posts located in the parking/circulation area must be anchored into the pavement but can be removable for snow removal. 11. Sound attenuation shall be installed, per MPCA Guide to Noise Control guidelines, in/on the entire parry wall separating the office space from the brewery/pub area. 12. Access between spaces/uses shall be properly secured while following building and fire codes. 13. Expansion of the tap room and/or the microbrewery beyond what is shown on the Approved CUP Plan dated 10-19-2020 will require an amendment to the Conditional Use Permit. 14. The removal of animal waste shall comply with City Code Section 10-9. 15. All animals shall be restrained by a maximum six-foot leash, or kennel, until they are within the fenced area. 16. The dog park area shall not extend south of the storage room that is adjacent to the event room in the building. 17. The applicant shall install signs at six (6) adjacent parking stalls stating, "No tap room/brewery parking 6:00 a.m. — 6:00 p.m. Monday through Friday", as shown on the Approved CUP Site Plan dated 10-19- 2020. These stalls may also be used by lease holders at any time. P 0 1 E A E 1 11 ,NATURE] City Council Minutes October 19, 2020 Page 9 18. The applicant shall install signs at four (4) adjacent parking stalls stating, "No tap room/brewery parking at any time", as shown on the Approved CUP Site Plan dated 10-19-2020. 19. The southern front door shall remain a secured door and signage shall be installed indicating taproom customers must use alternate door. Motion carried 5-0. 8.1 Naming Rights Agreement Mr. Hecker presented the staff report. Chris Potenza, Front Burner Sports, and Steve Hickman, Furniture and Things, were in attendance. Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve a naming rights agreement for the City of Elk River multipurpose facility. Motion carried 4-0. CWall abstained. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to make the official name Furniture and Things Community Event Center. Motion carried 5-0. 8.2 HVAC Upgrades: CARES Act Funding Mr. Femrite presented the staff report. Council asked if the savings from the upgrades is worth the cost of using reserves rather than limited to what the CARES Act funding covers. Mr. Femrite stated it makes sense to do some of these upgrades at the same time because they are interconnected. Councilmember Ovall felt the timeline of receiving the CARES Act funding and finding a way to use it was tight and hopes this is the best use of the funding. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve execution of the contract with Apex Facility Solutions to include CARES Act funded improvements detailed in the Guaranteed Energy Savings Agreement and to approve extending the approval of the above agreement to include the remaining energy saving scopes detailed in the Summary of Work. Motion carried 5-0. 8.3 Public Safety Facility Expansion Improvements Mr. Wisner presented the staff report. Ben Newlin, Terra Construction, was in attendance. P 0 1 E 8 1 a 01 NAYUR City Council Minutes October 19, 2020 Page 10 Mr. Wisner stated the city would like to get additional quotes on a couple of the items. Council discussed the increase in fee from BKV group. Mr. Wisner outlined that the increase in soft costs. There were also some assumptions made by civil engineering that some services had been taken care of. Councilmember Wagner asked if the city could address some of the items with BKV to share the costs. Council asked if they needed to approve the design fee adjustment for BKV at this meeting and if waiting would hold up construction. Mr. Wisner stated they could wait on that item. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Guaranteed Maximum Price for project and construction management amendment. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt Resolution 20-72 awarding bid packages and reassigning contracts to Terra Construction. Motion carried 5-0. 8.4 Review public comment on Police Bodycam Program and approve Body -Worn Camera Model Policy Police Chief Nierenhausen presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the Elk River Police Department's model body -worn camera policy and acknowledge review of public comment regarding the bodycam program. Motion carried 5-0. 8.5 Letter of support for County Road 33 mailbox location changes Mr. Portner presented the staff report. Council signed the letter of support. Council recessed at 8:50 p.m. to go into work session. Council reconvened at 8:55 p.m. 9.1 Parking and Use Restrictions on Public Streets and Sidewalks Mr. Femrite presented the staff report. �1EII I1 i4o City Council Minutes October 19, 2020 Page 11 Mayor Dietz asked about sending letters to residents that the city is contemplating "no parking" restrictions. Council mentioned other roads that could use "no parking" restrictions. Councilmember Westgaard felt the city should start saying no to narrow boulevards when developers want to build in Elk River but indicated there are competing thoughts and recognizes it is difficult to balance all interests. Council felt that agreeing to "no parking" signs in this location would set a precedent for other neighborhoods to come forward also wanting signage. Councilmember Westgaard asked if there could be signage limiting parking within a certain number of feet from the crosswalk to increase visibility. Councilmember Wagner added that, if these signs don't improve the situation, maybe there could be signage limiting parking during school hours. Mr. Femrite will check against pedestrian safety guidelines and bring back a resolution. Councilmember Christianson asked about streets that currently have no parking on one side. Mr. Femrite stated those restrictions were decided by past councils, but this council could address and modify them. Councilmember Ovall wondered if an ordinance addressing city streets versus corridor streets should be addressed. Mr. Femrite asked the council if they want to add "no fishing" signs to the bridge over the dam. Some residents have complained that people who are there fishing are blocking the sidewalks. Council decided to monitor the situation and take note of complaints. 9.2 Speed Study Requests Mr. Femrite presented the staff report. Mr. Femrite will send a letter to Sherburne County supporting a speed study on County Road 40 (Cleveland Street) between CSAH 12 and CSAH 13. Councilmember Wagner introduced residents Ijaz and Laura Osman, 10616 175' Ave NW, who are concerned with the noise, speed, and volume of traffic on 175`' Ave NW. p 0 1 F a Iaj 01 NATURE] City Council Minutes October 19, 2020 Page 12 Council discussed possible reasons for an increase in traffic on this road as well as some potential solutions. There is always a risk, when requesting a speed study, that the posted speed will increase rather than decrease. Mr. Femrite said that MnDOT is providing guidelines where cities can have more local control over speeds. This guidance will be available within the next couple months and might help offer options the Council could consider in the situation of 175`h Ave NW. 9.3 Capital Improvement Plan Ms. Ziemer presented the staff report. Staff were in attendance to answer questions on their portion of the plan. Council asked if there is a way to adjust equipment replacement funding for the IT department. Council asked about the parks department purchase of a snowmobile. This snowmobile is built for grooming trails. The new snowmobile would replace two snowmobiles. Council questioned putting $200,000 into the tax levy when there was enough in the building fund. They asked for a summary of projected future expenditures to see how fast the fund may go down. Councilmember Westgaard added, if the building fund did not exist, the city would have to bond for anything needed. Ms. Ziemer discussed refinancing some of the city's debt to a lower percentage. Council discussed transferring either $250,000 or 45%, whichever was greater, of the Liquor Store fund to the Park Improvement fund. This would be a policy change. Mr. Femrite mentioned that future allotments from the state may decrease, partly due to less traffic producing a reduction in gas tax. Mayor Dietz asked for information on what is a reasonable balance to keep in the liquor store fund. Councilmember Christianson mentioned five-year projections doesn't seem like long enough and it would be nice to set some longer -term goals. Ms. Ziemer will bring the CIP back on November 2, 2020, along with authorization to issue bonds. P01EAEI aY I'ATUR City Council Minutes Page 13 October 19, 2020 ----------------------------- 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 11:11 p.m. Minutes prepared by Katie Porath. ayor Tina Allard, City Clerk I PD11R10 RI NATUR�