AGENDA CHAMPLIN CITY COUNCIL MONDAY, NOVEMBER 28, 2016 CITY COUNCIL CHAMBERS 7:00 P.M.

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1 AGENDA CHAMPLIN CITY COUNCIL MONDAY, NOVEMBER 28, 2016 CITY COUNCIL CHAMBERS 7:00 P.M. THIS CITY COUNCIL MEETING WILL BE CABLECAST LIVE ON CABLE CHANNEL 16 IF DUE TO A DISABILITY YOU NEED AUXILIARY AIDS OR SERVICES DURING A CITY COUNCIL MEETING, PLEASE PROVIDE THE CITY WITH 24 HOURS NOTICE BY CALLING OR FAX CALL TO ORDER PLEDGE OF ALLEGIANCE INTRODUCTIONS/ROLL CALL AGENDA MINUTES: OCTOBER 6, 2016 BUDGET WORKSESSION NOVEMBER 14, 2016 CANVASS BOARD NOVEMBER 14, 2016 REGULAR SESSION BILLS: NOVEMBER 28, 2016 ANNOUNCEMENTS: IF YOU ARE HERE TO ADDRESS THE CITY COUNCIL UNDER OPEN FORUM, PLEASE COMPLETE A PUBLIC COMMENT FORM LOCATED ON THE TABLE NEAR THE ENTRANCE AND GIVE IT TO THE STAFF PERSON SEATED NEXT TO THE PODIUM EDA MEETING - FOLLOWING TONIGHT S COUNCIL MEETING IN THE COUNCIL CHAMBERS EDA WORKSESSION - FOLLOWING TONIGHT S EDA MEETING IN THE COUNCIL CONFERENCE ROOM VOLUNTEER APPRECIATION DINNER THURSDAY, DECEMBER 8 TH AT 6:00 P.M. AT WILLY MCCOYS COUNCIL WORKSESSION - MONDAY, DECEMBER 12 TH AT 5:45 P.M. IN THE COUNCIL CONFERENCE ROOM CITY COUNCIL MEETING MONDAY, DECEMBER 12 TH AT 7:00 P.M. IN THE COUNCIL CHAMBERS RESIDENTS INTERESTED IN APPLYING FOR THE WARD 1 CITY COUNCIL VACANCY SHOULD CONTACT CITY CLERK ROBERTA COLOTTI AT APPLICATIONS ACCEPTED DECEMBER 5 TH DECEMBER 16 TH. INTERVIEWS FOR WARD 1 COUNCIL VACANCY TUESDAY, JANUARY 3RD AND WEDNESDAY, JANUARY 4TH IN THE COUNCIL CONFERENCE ROOM RESIDENTS INTERESTED IN SERVING ON THE PLANNING, PARK AND RECREATION OR ENVIRONMENTAL RESOURCES COMMISSIONS IN 2017 SHOULD CONTACT CITY CLERK ROBERTA COLOTTI AT SPECIAL PRESENTATIONS 1. PRESENTATION BY HENNEPIN COUNTY COMMISSIONER JEFF JOHNSON 2. OVERVIEW OF WORKSESSION DISCUSSION

2 CITY COUNCIL AGENDA NOVEMBER 28, 2016 PAGE 2 CONSENT AGENDA The Consent Agenda contains action items considered routine or non-controversial in nature, that need little or no additional deliberation based on the level of review, analysis or discussion that has been previously conducted by the City Council 3. SECOND READING/ADOPTION OF ORDINANCE NO. 775 AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES AND AUTHORIZE PUBLICATION SUMMARY 4. SECOND READING/ADOPTION OF ORDINANCE NO. 776 AMENDING CHAPTER 22 FEES AND AUTHORIZE PUBLICATION SUMMARY 5. ACCEPT RESIGNATION OF CODE ENFORCEMENT OFFICER 6. APPOINTMENT OF CODE ENFORCEMENT OFFICER 7. APPOINTMENT OF PART TIME RECEPTIONIST 8. APPROVE FINAL PAYMENT TO URBAN COMPANIES LLC FOR HAYDEN LAKE ROAD ROUNDABOUT LANDSCAPING (IMPROVEMENT PROJECT 21407) 9. APPROVE WARD ONE CITY COUNCIL VACANCY OPEN FORUM Open Forum is an opportunity to discuss items that are not already on the agenda. Presentations are limited to five (5) minutes unless specifically extended by the Mayor. PUBLIC HEARINGS 10. PUBLIC HEARING REGARDING OFF-SALE LIQUOR LICENSE FOR RAFFAELE VIRGILLA, WINE SHOP 11. RESOLUTION NO APPROVING THE VACATION OF A PORTION OF DEPUE AVENUE RIGHT-OF-WAY NEW BUSINESS 12. RESOLUTION NO AMENDING THE RESERVE AT ELM CREEK PUD REVISING SIDE YARD SETBACK REQUIREMENTS FOR CERTAIN LOTS: GONYEA COMPANY AND JONATHAN HOMES (PROJECT ) 13. RESOLUTION NO AMENDING THE ELM CREEK PUD ALLOWING UNSCREENED ROOFTOP MECHANICAL EQUIPMENT: EGAN COMPANIES (PROJECT ) ADJOURNMENT

3 SPECIAL PRESENTATIONS ADMINISTRATION NOVEMBER 28, PRESENTATION BY HENNEPIN COUNTY COMMISSIONER JEFF BRET HEITKAMP JOHNSON Hennepin County Commissioner Jeff Johnson has requested time on the agenda to give a brief presentation to the City Council regarding current activities at Hennepin County.

4 SPECIAL PRESENTATIONS ADMINISTRATION NOVEMBER 28, OVERVIEW OF WORKSESSION DISCUSSION BRET HEITKAMP I will give a brief oral report for the benefit of the residents watching on QCTV regarding the discussions that took place at tonight s Work session regarding the proposed Champlin Utility Round Up Program and the Proposal to Fill the Vacant Ward 1 Council Seat.

5 AGENDA SECTION ORIGINATING DEPT MEETING DATE CONSENT COMMUNITY DEVELOPMENT NOVEMBER 28, 2016 ITEM NO: ITEM DESCRIPTION PREPARED BY 3 ADOPT ORDINANCE AMENDING CHAPTER 6 ALCOHOLIC BEVERAGES AND AUTHORIZE PUBLICATION SUMMARY JOHN W COX The proposed liquor ordinance blends current code with the League of Minnesota Cities model liquor ordinance to provide for small brewers, taprooms, brew pubs and the Sunday sale of growlers. The ordinance also expands the number of off-sale liquor licenses from four to six. REVIEW OF ORDINANCES In 2011, the State Legislature passed the Surley bill which allowed small brewers to sell pints of their beer on-site. Small brewers are limited on their production and are licensed as a brewpub or a taproom. The former serves food while the latter does not. In 2014, state law allowed these operations to sell their beer on Sundays in growlers. Allowing breweries, taprooms and brewpubs was prompted by a party s interest in opening a taproom. While that plan does not appear to be moving forward, this code change will provide opportunities for others. The City will also need to modify its zoning ordinance to designate permitted zoning districts. The City will initiate this action next month. Besides the inclusion of taprooms, and brewpubs, the proposed ordinance prohibits nudity in liquor establishments and retains the City s current enforcement penalties. Once approved, the City will consider modifications to its Zoning Ordinance to guide these uses. NUMBER OF OFF-SALE LICENSES City code allows four (4) off-sale licenses. Those licenses are held by Cub Foods Liquor, G-Will Liquor, Liquor Depot and Lakeridge Wine & Spirits. The proposed ordinance expands the number of licenses to six. Mr. Raffaele Virgillo has submitted an application for the fifth license to open a wine shop at the Champlin Community Service Center (Dean Avenue & Highway 169). Mr. Virgillo s license will be considered later this evening.

6 ALCOHOL BEVERAGES Page Two SCHEDULE November 14, 2016 November 28, 2016 December 8, 2016 Public Hearing/First Reading Second Reading/Adoption Publish Notice/Effective Date RECOMMENDATION Staff recommends that the Council adopt the attached Ordinance Amending Chapter 6 Alcoholic Beverages and authorize use of a publication summary as presented. Attachment

7 CONSENT GOVERNMENT SERVICES NOVEMBER 28, ADOPT ORDINANCE AMENDING CHAPTER JOHN COX / 22 FEES AND AUTHORIZE PUBLICATION SUMMARY ROBERTA COLOTTI BACKGROUND As part of the 2017 budget discussion, the City Council considered the fee amendments necessary to fully cover City costs associated with issuing permits and providing municipal services related to those permits. The fees that are proposed to be amended are highlighted. First reading was given and the required public hearing was held on November 14, 2016 in relation to the liquor license fees. No objections were presented at that meeting. ALTERNATIVES/ IMPACTS (UPSIDE/DOWNSIDE) Increases in certain fees are necessary to meet our budgeted revenue target. RECOMMENDATIONS Staff recommends that the Council adopt the attached Ordinance Amending Chapter 22 Fees and authorize use of a publication summary as presented..

8 Publication Summary City of Champlin, MN Publication Summary Ordinance No. AN ORDINANCE AMENDING CHAPTER 22 FEES The full and complete fee schedule for the City of Champlin, with the exception of zoning fees is hereby revised and updated. Public Hearing: November 14, 2016 First Reading: November 14, 2016 Second Reading: November 28, 2016 Adoption: November 28, 2016 Attest: ArMand Nelson, Mayor Roberta Colotti, CMC City Clerk Published in Champlin Dayton Press on December 8, The full ordinance shall be available at the public library and at City Hall during normal business hours (M-F 8 a.m. to 4:30 p.m.)

9 CONSENT COMMUNITY DEVELOPMENT NOVEMBER 28, ACCEPT RESIGNATION OF CODE ENFORCEMENT OFFICER JOHN W. COX After a 29-year career with the City of Champlin, Diana Jones is retiring as the City s Code Enforcement Officer. REVIEW In her Champlin tenure, Ms. Jones has served the City in several capacities including Utility Billing Assistant, Office Services Assistant, Building Inspections Secretary, and Community Development Secretary. For the past 10 ½ years, Diana has been the City s Code Enforcement Officer. In this role, Ms. Jones is a past Shining Star Recipient who has proven to be a valuable employee who brought high energy, and strong and persuasive interpersonal skills to the job. Diana s retirement is effective December 29, RECOMMENDATION It is recommended that the City Council accept Diana Jones resignation.

10 Attached is a copy of the 2015 Code Enforcement Summary. The Summary covers the activities of the Community Development Department and the Code Enforcement Division. For the past 10 years, the City s code enforcement efforts have been led by Diana Jones. Ms. Jones was our first code enforcement officer, and has led the City to many firsts including the creation of a rental licensing program, a vacant building registration, and public nuisance abatement program. While Diana still has a lot of good work in front of her this year, she does plan to retire at the end of this year which will leave big holes to fill and an enormous challenge for management. Attachment

11 CONSENT COMMUNITY DEVELOPMENT NOVEMBER 28, APPOINTMENT OF JOHN W. COX CODE ENFORCEMENT OFFICER The retirement of Diana Jones as the City s Code Enforcement Officer leaves a job vacancy. REVIEW In February 2016, the City hired Ms. Rebecca McMahon as a part-time receptionist. At the time of her hiring, it was believed her skill set could make her a strong candidate to replace Diana Jones upon retirement. Over the past seven months, Ms. McMahon has done an excellent job in her part-time role and has been preparing herself for this opportunity. Besides meeting the expectations of her peers and supervisor, Ms. McMahon participated in an outside employment assessment designed to test her abilities and fit for the code enforcement position. Rebecca performed well and earned the consultant s recommendation for the job. It is recommended that Rebecca McMahon be appointed to the 36-hour per week position of Code Enforcement Officer. The starting salary for this position is $ per hour, which is at 80% of Grade 9.5 of the AFSCME Union Contract wage schedule. Ms. McMahon will assume her duties beginning January 3, RECOMMENDATION It is recommended that Ms. Rebecca McMahon be appointed as the City s Code Enforcement Officer.

12 for a cain her Champlin tenure, Ms. Jones has served the City in several capacities including Utility Billing Assistant, Office Services Assistant, Building Inspections Secretary, and Community Development Secretary. For the past 10 ½ years, Diana has been the City s Code Enforcement Officer. In this role, Ms. Jones has proven to be valuable employee who brought high energy, and strong interpersonal and original skills to the job. RECOMMENDATION It is recommended that the City Council accept Diana Jones resignation.

13 CONSENT COMMUNITY DEVELOPMENT NOVEMBER 28, APPOINT OF PART-TIME RECEPTIONIST JOHN W. COX The anticipated promotion of Rebecca McMahon leaves a job vacancy. REVIEW Based on a series of internal interviews and an outside job assessment, it is recommended that Ms. Rebecca Ingersoll be appointed to the 20-hour week position of Receptionist. The starting salary for this position is $19.22 per hour, which is at 90% of Grade 3 of the AFSCME Union Contract wage schedule. Ms. Ingersoll will assume her duties beginning January 3, RECOMMENDATION It is recommended that Ms. Rebecca Ingersoll be appointed as a part-time receptionist.

14 CONSENT ENGINEERING NOVEMBER 28, APPROVE FINAL PAYMENT TO URBAN COMPANIES, LLC FOR HAYDEN LAKE ROAD ROUNDABOUT LANDSCAPING, IMPROVEMENT PROJECT NO TIM HANSON, P.E. CITY ENGINEER BACKGROUND Upon completion of the roundabout at the intersection of East Hayden Lake Road and West River Road, a contract with Urban Companies was approved for the landscaping of the roundabout, the medians, and adjacent boulevard. The landscaping contract included a dry stack wall, Chilton boulder out-cropping, plants and shrubs within the roundabout and medians, tree planting in the roundabout and boulevard, mulch material in the planting beds, an irrigation system, and lighting for the landscaping. The project included a two-year maintenance warranty for plants and weeding. The project was awarded on August 25, Work was substantially completed the fall of 2014 and final completion with maintenance work in October of REVIEW OF ISSUES The project s contract award amount was $154, There were no change orders to the contract. The final contract amount is $148, Contract quantity of sodding and boulder wall cost was not fully utilized. Funding for the work is from the City s Capital Improvement Revolving Fund. The project has been completed, is acceptable, and final payment can be made to Urban Companies, LLC in the amount of $8, RECOMMENDATION It is recommended that the City Council approve the final pay voucher for Hayden Lake Road Roundabout Landscaping, Improvement Project No to Urban Companies, LLC in the amount of $8, Attachments: Final Pay Voucher Maintenance Warranty Bond IC 134 L:\ENGINEERING PROJECTS\2014 ENGINEERING PROJECTS\21407 WRR & EHLR Roundabout Landscape Design\Construction\APPROVE FINAL PAYMENT doc 1

15 Consent Administration November 28, Approve Ward One City Council Vacancy Bret Heitkamp BACKGROUND: Current Ward One City Councilmember Ryan Karasek was elected to the office of Mayor at the November 8, 2016 General Election. REVIEW OF ISSUES: The Ward One City Council seat will become vacant by operation of law upon City Councilmember Karasek taking the oath of Office as Mayor on January 9, RECOMMENDATIONS: It is recommended that staff be directed to post notification of the vacancy and assist the City Council in a process to identify potential candidates to fill the Ward One City Council seat. Bh/3265

16 PUBLIC HEARING GOVERNMENT SERVICES NOVEMBER 28, 2016 PUBLIC HEARING REGARDING OFF- SALE JOHN COX / 10 LIQUOR LICENSE FOR RAFFAELE VIRGILLA, WINE SHOP ROBERTA COLOTTI BACKGROUND Notice has been given that the Champlin City Council will hold a public hearing on Monday, November 28, 2016 at 7 p.m. to consider a request for an off-sale intoxicating liquor license by Raffaele Virgillo, Wine Shop. This is an application to open a new store at 508 Jefferson Highway North, Champlin, MN. REVIEW OF LIQUOR LICENSE City Code Chapter 6 Alcoholic Beverages is being recommended for amendment this evening under separate action, to increase the number of off-sale intoxicating liquor licenses from four to six. The addition of this new wine shop will bring the total number of active licenses to five. A public hearing is required for the liquor license. The required certificate of insurance will be submitted upon Council approval of the license. ALTERNATIVES/ IMPACTS (UPSIDE/DOWNSIDE) Notice of the public hearing was sent to adjacent property owners. There have been no complaints from adjacent property owners regarding this location. RECOMMENDATIONS Staff recommends approval of the request for an off-sale intoxicating liquor license for Raffaele Virgillo Wine Shop, contingent upon submittal of a certificate of insurance.

17 PUBLIC HEARING COMMUNITY DEVELOPMENT NOVEMBER 28, RESOLUTION APPROVING THE VACATION OF A PORTION OF DEPUE DRIVE RIGHT-OF-WAY: CITY OF CHAMPLIN (PROJECT ) SCOTT SCHULTE BACKGROUND The Depue Drive public improvement project is nearly complete. The project includes the extension of sanitary sewer and water utilities and the realignment/paving of Depue Drive. The project eliminates the need for portions of the Depue Drive right-of-way established with the Alps Addition plat in 1963 (see attached plat). REVIEW OF VACATION The right-of-way to be vacated is a 1,868 square foot section of the Depue Drive cul-de-sac (see attached exhibit). Upon vacation, the south portion shall be conveyed to Outlot 1, Alps Addition. The north portion shall be conveyed proportionately to Lots 2, 3 & 4, Block 1, Alps Addition. RECOMMENDATION It is recommended that the City Council approve the vacation of right-of-way, as shown on the attached survey exhibit, subject to the following stipulations: 1. The vacated right-of-way shall be conveyed as follows: The south portion to Outlot 1, ALPS ADDITION, Hennepin County, Minnesota. The north portion to Lots 2, 3 & 4, ALPS ADDITION, Hennepin County, Minnesota. 2. The vacated right-of-way shall contain drainage and utility easement. Attachments. Alps Addition plat Survey of proposed right-of-way to be vacated Resolution of approval

18 NEW BUSINESS COMMUNITY DEVELOPMENT NOVEMBER 28, RESOLUTION APPROVING AN AMENDMENT AN AMENDMENT TO THE RESERVE AT ELM CREEK PLANNED UNIT DEVELOPMENT (PUD) MODIFYING SIDE YARD SETBACKS FOR CERTAIN LOTS: GONYEA COMPANY AND JONATHAN HOMES (PROJECT ) SCOTT SCHULTE BACKGROUND The Reserve at Elm Creek is a 111-lot single family subdivision approved by the City in The planned community contains a Planned Unit Development (PUD) overlay zoning. The PUD addresses development amenities, common areas and certain lot and setback variances (see attached). One particular provision, as advocated by the developer and builders, was setting the minimum side yard setbacks at seven feet. City Code requires five foot garage side yard setbacks and ten-foot home side yard setbacks. The setbacks have been successfully applied to current homes in the neighborhood. However, certain lots have ten-foot wide side yard drainage and utility easements supporting storm sewer between lots. Typical lots have five-foot wide easements. The wider easement poses problems for home builders fitting home plans. As such, the developer (Gonyea Company) and Jonathan Homes request side yard setbacks of five feet (garage) and ten feet (home) on any lot that has the wider easement. REVIEW OF REQUEST The request is to amend the PUD agreement to allow five-foot and ten-foot side yard setbacks on lots that have a ten-foot wide side yard drainage and utility easement. The change allows for better house placement flexibility and design. For Jonathan Homes, the amendment supports their bestselling home plan, the Summit, to fit on the lots (see attached exhibit of the Summit plans). The attached exhibit identifies impacted lots. All lots not affected will remain with the current side yard setback of seven feet. Staff supports the request and ascertains no negative impact. PLANNING COMMISSION RECOMMENDATION On November 21, 2016, the Planning Commission held a public hearing in review of the request. No public testimony was offered. The Commission discussed the PUD amendment and concurred with staff s findings. The PUD amendment was unanimously recommended approval.

19 2 RECOMMENDATION It is recommended that the City Council approve an amendment to The Reserve at Elm Creek PUD stipulating five and ten-foot side yard setbacks for lots with ten-foot wide drainage and utility easements. Attachments. The Reserve at Elm Creek PUD Plan Impacted lots Jonathan Homes - Summit Home Plans Resolution

20 NEW BUSINESS COMMUNITY DEVELOPMENT NOVEMBER 28, RESOLUTION APPROVING AN AMENDMENT TO THE ELM CEEK PLANNED UNIT DEVELOPMENT ALLOWING UNSCREENED ROOFTOP MECHANICAL EQUIPMENT FOR EGAN COMPANIES LOCATED AT BUSINESS PARK BOULEVARD: EGAN COMPANIES (PROJECT ) SCOTT SCHULTE BACKGROUND Earlier this year Egan Companies moved into Champlin occupying the vacant industrial building at Business Park Boulevard. In support of their move, Egan invested significant dollars into building and site improvements, including a well screened outside storage area, office area enhancements and revamped HVAC systems. Upon installing the more efficient HVAC system, it was evident that new rooftop equipment was visible from the adjacent roadway. Per City Code, all rooftop equipment is to be screened from view of an adjacent street or lot. Subsequently, Egan hired Pope Architects to complete a rooftop screening study. The attached study identifies the screening height necessary to meet Code. To lessen the visual impact, Egan painted the equipment to match the building and then investigated a number of screening alternatives. They determined that screening the units would involve a major investment (due to the building structure) and that the investment in screening may not result in an improved aesthetic. They request an amendment to the Elm Creek Planned Unit Development (PUD) waiving their screening requirement. REVIEW OF REQUEST The site, zoned PUD, is part of the Elm Creek PUD approved by the City in The building, formerly occupied by McLean Midwest, was built in 1995 and expanded in The PUD amendment supporting Egan s request is based on the following: 1. The existing building was in need of major HVAC improvements. 2. The location for the new HVAC units serving the office area was limited by the existing structure. 3. Structural limitations of the building parapet prevent extension without major investments involving structural engineering, removing roofing, removing metal decking, installing new framing and disrupting operations for an extended time period. The estimated cost of such work is $100,000.

21 2 4. Screening the individual units with fencing is a less expensive option ($30,000 to $40,000); though these fence boxes do not improve the aesthetic and, in fact, would enlarge the visual aspect. Staff supports Egan s request for an amendment to the Elm Creek PUD to allow unscreened rooftop equipment for their facility, subject to the following conditions: 1. No additional HVAC rooftop units are permitted on the building that is visible from the adjacent street or lot line. 2. The rooftop screening exemption only applies existing rooftop units at Business Park Boulevard. PLANNING COMMISSION RECOMMENDATION On November 21, 2016, the Planning Commission held a public hearing in review of the request. Duane Hendricks, representing Egan Companies, testified in support of the request. No other public testimony was offered. The Commission discussed the PUD amendment, concurred with staff s findings and unanimously recommended approval. Further, the Commission directed staff to evaluate the City Code relating to rooftop unit screening. They felt that the current language was too vague and may not result in an improved aesthetic in certain cases. RECOMMENDATION It is recommended that the City Council approve the amendment to the Elm Creek PUD, subject to the following conditions: 1. No additional HVAC rooftop units are permitted that are visible from the adjacent street or lot line. 2. The rooftop screening exemption only applies to existing rooftop units (two units visible from 117 th Avenue) at Business Park Boulevard. Attachments. Photo from 117 th Avenue North Screening Study, including Egan s notes Resolution