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4.1. DRAFT MINUTES 10-01-2012 DRAFT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL TUESDAY, SEPTEMBER 4, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas,Gumphrey,Westgaard,and Motin Members Absent: None Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Fire Chief T.John Cunningham,Human Resources Representative Lauren Wipper,IT Manager Bob Pearson, and Recording Secretary Jennifer Johnson 1. Call Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called to order at 7:20 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda Councilmember Westgaard pulled the August 6 meeting minutes from the Consent Agenda. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA WITH THE CHANGE NOTED ABOVE. MOTION CARRIED 5-0. 4.1 August 6,2012 Regular Council Meeting Minutes Councilmember Westgaard noted the minutes stated he was absent but he was in attendance at the meeting. Councilmember Gumphrey stated he may have been absent. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO CHANGE THE AUGUST 6 MEETING MINUTES TO REFLECT THAT COUNCILMEMBER WESTGAARD WAS IN ATTENDANCE AND COUNCILMEMBER GUMPHREY WAS ABSENT. MOTION CARRIED 5-0. 4. Consent Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 MINUTES • AUGUST 13,2012,WORK SESSION. • AUGUST 17,2012, SPECIAL CANVASSING. City Council Minutes Page 2 September 4,2012 ■ AUGUST 20,2012, REGULAR. 4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.3 2012 STREET IMPROVEMENT FINAL PAY ESTIMATE AS OUTLINED IN THE STAFF REPORT. 4.4 PROPOSAL FROM FLUID INTERIORS IN THE AMOUNT OF $58,314.17 TO FURNISH AND INSTALL FURNITURE AND WORKSTATIONS FOR PUBLIC WORKS FACILITY. 4.5 THE REQUEST FOR PROPOSAL FORM IN THE STAFF REPORT AND TO ADVERTISE FOR ENGINEERING SERVICES FOR THE 2013 STREET IMPROVEMENT PROJECTS. 4.6 PROCLAM CONSTITUTION WEEK, SEPTEMBER 17-23,2012 AS REQUESTED BY THE DAUGHTERS OF THE AMERICAN REVOLUTION,ANOKA CHAPTER. MOTION CARRIED 5-0. 5. Open Forum No one appeared for open forum. 6. Awards/Recognitions There were no Awards/Recognitions. 7. Public Hearings There were no Public Hearings. 8.1 2012 Tax Levies and Set Budget Meeting Date Mr. Simon presented the staff report. Mayor Dietz stated he will vote to authorize the proposed tax levy but will hold on the final budget determination until all the financial numbers come in from Sherburne County and for the 2013 budget. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 12-46 AUTHORIZING THE PROPOSED PROPERTY TAX LEVY FOR COLLECTION IN 2013. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT RESOLUTION 12-47 APPROVING THE HOUSING AND REDEVELOPMENT AUTHORITY 2013 TAX LEVY. MOTION CARRIED 5-0. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 12-48 APPROVING THE 2013 TAX LEVY FOR ECONOMIC DEVELOPMENT PURPOSES FOR THE ELK RIVER ECONOMIC DEVELOPMENT AUTHORITY. MOTION CARRIED 5-0. City Council Minutes Page 3 September 4,2012 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO SET THE BUDGET HEARING FOR DECEMBER 3,2012 AT 6:30 P.M. MOTION CARRIED 5-0. 8.2 Highway 169 and Main Street Intersection Landscaping Improvement Quotes Mr.Barnhart presented the staff report. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE THE QUOTE FROM MIDWEST LANDSCAPES FOR MAIN STREET AND HIGHWAY 169 LANDSCAPING IMPROVEMENTS AT A COST NOT TO EXCEED $19,737. MOTION CARRIED 5-0. 8.3 Orono Parkway Median Landscaping Improvement Quotes Mr.Barnhart presented the staff report. He noted that at the last meeting, Council requested staff to review whether installing rock in the medians would be feasible.He stated he didn't get quotes but got estimates from the architect,which were high. Mayor Dietz introduced Dave Anderson's email into the record. Staff noted they would work with the landscaper to work out any issues,such as grading,etc. MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE QUOTE FROM MIDWEST LANDSCAPES FOR ORONO PARKWAY LANDSCAPING IMPROVEMENTS AT A COST NOT TO EXCEED $10,732. MOTION CARRIED 5-0. Councilmember Westgaard stated the Council understands the addition of the trees are only a beginning to this plan and that more will come on the decision as to what needs to be in place for ground cover and putting in the trees now will not be affected by future changes to the median landscaping plan. Mayor Dietz asked staff to bring pictures showing what the different landscaping options would look like. Council consensus what to install the trees this year and to keep moving forward with a plan for next year. 8.4 Award of Construction Bid for Backbone Fiber Optic Ring Mr. Pearson presented the staff report. Mayor Dietz questioned why Sherburne County's share of the cost decreased. Mr. Pearson stated the county has only two buildings they want to initially utilize the fiber ring for but if the city's ring can connect to the school district,the county may have an opportunity to get to other facilities,such as Zimmerman. Mr. Portner stated nothing has been firmed up with Sherburne County but in his talks with the county administrator,it should be something the county can fit into their budget. He City Council Minutes Page 4 September 4,2012 stated they would have a 25%share of the bundle and would buy more into the system as they need it in the future. He stated if the county can't contribute,then the city would look at offering them a lease option. He stated the advantage of the city owning the fiber is in having the ultimate control over it. It was noted that timing for this project is critical because the contractor is already beginning their work installing lines for another project. Councilmember Gumphrey questioned why there is such a large discrepancy between the two bidders and wanted to make sure nothing is being missed. Mr. Pearson stated this is a bundle deal because the low bid contractor is already digging in the ground for another project. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 12-49 ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT IN THE MATTER OF THE 2012 BACKBONE FIBER OPTIC RING PROJECT. MOTION CARRIED 5-0. See below for continuation of this item. 8.5 On-line Enrollment for 2013 Flexible Benefits Plan Open Enrollment Ms.Wipper presented the staff report. Councilmember Westgaard questioned how this software will be budgeted for future years. Mr. Portner stated he is unsure how or if this would be budgeted in the future. He stated it would be brought back to Council again after staff has had time to review how the online enrollment worked out. Councilmember Motin stated the amount of the software seems nominal compared to the amount of work it will save staff. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO CONTRACT WITH FINANCIAL CONCEPTS, INC TO UTILIZE APPRIZE TECHNOLOGY BENEFIT MANAGEMENT SOFTWARE FOR THE CITY'S 2013 FLEXIBLE BENEFITS PLAN OPEN ENROLLMENT IN THE AMOUNT OF$2,000. MOTION CARRIED 5-0. 8.4 Award of Construction Bid for Backbone Fiber Optic Ring(Continued Continuation from 8.4 above. Mr. Portner noted a motion was missed asking the Council to authorize the city attorney to draft usage agreements for the city, Sherburne County,and Elk River Municipal Utilities. MOVED BY COUNCILMEMBER ZERWAS AND SECONDED BY COUNCILMEMBER MOTIN TO AUTHORIZE THE CITY ATTORNEY TO City Council Minutes Page 5 September 4,2012 DRAFT USAGE AGREEMENTS FOR THE CITY, SHERBURNE COUNTY, AND ELK RIVER MUNICIPAL UTILITIES. MOTION CARRIED 5-0. 8.6 Discuss Work Session Agendas Mr. Portner presented the staff report. Council consensus was to accept the worksession items proposed for the September 10, 2012,Council meeting. 9. Announcements uiet Zones Mayor Dietz stated he has been getting many phone calls regarding the installation of quiet zones and he would like to have it revisited by the city. He questioned why Elk River's costs would be so much more than other communities. He suggested pulling the money from the capital fund or the landfill fund. He stated citizens seem to want quiet zones no matter the costs. Councilmember Motin stated the cost is important to consider and he questioned what the benefit might be to the city,noting that quiet zones can be installed but it doesn't necessarily stop the train whistles from still happening. He stated he is not opposed at looking at this issue again and noted that the City of Ramsey did indicate an interest in paying for a portion of a quiet zone near the border between the two cities. Mr. Portner stated the city will not be able to stop the noise but could look at ways to minimize the impact to surrounding areas and there may be other possible funding sources. He also stated the city could look at phasing in options. Mayor Dietz suggested bringing it back to Council sometime over the winter. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:00 p.m. John J.Dietz,Mayor Tina Allard,City Clerk IDRLITT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM) MONDAY, SEPTEMBER 10, 2012 Members Present: Mayor Dietz, Councilmembers Gumphrey,Motin,Westgaard, and Zerwas Members Absent: None Staff Present: City Administrator Cal Portner,Finance Director Tim Simon,Liquor Store Manager David Potvin,Assistant Liquor Store Manager Steve Tillman, Parks and Recreation Director Michael Hecker,Street Superintendent Mark Thompson,Accountant Lori Stich,Human Resources Representative Lauren'Nipper,Wastewater Treatment Chief Operator Gary Lore,Lead Operator Matt Stevens,Planning Manager Jeremy Barnhart, City Engineer Justin Femrite, and Executive Secretary/Deputy City Clerk Jessica Miller 1. Call Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider Council Agenda MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1. RESOLUTION 12-50 AUTHORIZING THE CITY OF ELK RIVER TO APPLY FOR A CONDITIONAL USE DEED. 4.2. MODIFY AUGUST 6,2012, CITY COUNCIL MINUTES AS OUTLINED IN THE STAFF REPORT. 4.3. SPECIAL EVENT PERMIT FOR THE ELK RIVER HIGH SCHOOL HOMECOMING PARADE, SUBJECT TO THE FOLLOWING CONDITIONS: 1. GARBAGE CLEAN-UP SHALL BE COMPLETED IMMEDIATELY FOLLOWING THE PARADE. 2. THE SIGNS SHOWN ON THE ATTACHED FIGURE SHALL BE FURNISHED AND INSTALLED ON SEPTEMBER 21. UPON COMPLETION OF THE PARADE,ALL SIGNS SHALL BE IMMEDIATELY REMOVED.THE SIGN SHEETING SHALL BE City Council Minutes Page 2 September 10,2012 ORANGE WITH BLACK LETTERING, REFLECTIVE,AND MOUNTED ON A 30X30 ALUMINUM PLATE.THE SIGNS SHALL BE MOUNTED ON A TYPE 3 BARRICADE, OR APPROVED EQUAL. THE BARRICADES SHALL BE SECURED WITH SANDBAGS OR TIED TO AN EXISTING POLE TO PREVENT THEM FROM BEING REMOVED OR TIPPED OVER. 3. POLICE AND RESERVE SUPPORT WILL BE PROVIDED FOR TRAFFIC CONTROL. 4. NOTICE OF THE EVENT MUST BE GIVEN TO AREA CHURCHES AND APARTMENT COMPLEXES AFFECTED BY THE PARADE ROUTE. 5. CANDY MAY BE HANDED OUT AT THE PARADE BUT IS NOT ALLOWED TO BE THROWN FROM MOVING OBJECTS. MOTION CARRIED 5-0. 5. Open Forum No one appeared for open forum. 6. Work Session 6.1. Ice Arena Commission Interviews The Council interviewed Ice Arena Commission candidates DeAnn Givens and Brian Ballenger. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPOINT THE FOLLOWING INDIVIDUALS TO THE ICE ARENA COMMISSION: 1. DEANN GIVENS AS THE ELK RIVER SKATING CLUB REPRESENTATIVE WITH A TERM TO EXPIRE FEBRUARY 28,2013. 2. BRIAN BALLENGER AS THE ELK RIVER YOUTH HOCKEY REPRESENTATIVE WITH A TERM TO EXPIRE FEBRUARY 28,2014. MOTION CARRIED 5-0. 6.2. Safety Rules and Equipment Usage for Volunteers Mr. Hecker presented his staff report. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO ADOPT THE SAFETY R ULES AND EQUIPMENT USAGE FOR VOLUNTEERS SECTION AS PRESENTED AS PART OF THE CITY OF ELK RIVER VOLUNTEER HANDBOOK. MOTION CARRIED 5-0. 6.3. 2013 Budget The Liquor and Wastewater Enterprise Fund budgets were reviewed. City Council Minutes Page 3 September 10,2012 Mayor Dietz questioned if utilizing Liquor Enterprise Funds for park improvements could be discussed in the future.Mr. Simon confirmed that the Council can discuss the best use of those funds. The new wastewater permit requirements and associated costs were discussed. Mr. Portner distributed and reviewed his staff report regarding compensation of the Lead Wastewater Operator for a class A license. Council expressed a consensus to increase the personal budget to account for the new licensure requirement. Mr. Simon provided a General Fund budget update.Tim reviewed a scenario for eliminating the use of Fund Balance for the 2013 budget. Council discussed. 6.4. 2013-2017 Capital Improvement Plan Mr. Simon presented his staff report.Mr. Femrite discussed upcoming street improvement projects. He asked the Council to let him know if they are aware of any minor projects for consideration. Mayor Dietz questioned how residents affected by the 2013 street improvements will be notified.Mr. Femrite indicated that notification will be sent within the next month or so and staff will also utilize various city communications to disseminate the information. 6.5. Council Open Forum Mayor Dietz stated that School Superintendent Mark Bezek has requested to present an update on the upcoming school levy at the September 17 City Council meeting. 7. Announcements There were no announcements. 8. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:36 p.m. Minutes prepared by Jessica Miller. John J.Dietz,Mayor Tina Allard,City Clerk IDRLITT MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, SEPTEMBER 17, 2012 Members Present: Mayor Dietz, Councilmembers Zerwas,Motin,Westgaard, and Gumphrey Members Absent: None Staff Present: City Administrator Calvin Portner,Planning Manager Jeremy Barnhart, Park Planner Chris Leeseberg, City Attorney Peter Beck,Environmental Admmnnstrator Rebecca Haug,Parks and Recreation Director Michael Hecker,Fire Chief T.John Cunningham, and City-Clerk Tina Allard 1. Call Meeting To Order Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 09/17/2012 Agenda MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION CARRIED 5-0. 4. Consider Consent Agenda MOVED BY COUNCILMEMBER GUMPHREY AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT. 4.2.A PUBLIC WORKS FACILITY PROJECT PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.2.13 NATURE'S EDGE BUSINESS PARK PROJECT PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT. 4.3 RESOLUTION 12-51 STATING SUPPORT FOR THE DEVELOPMENT OF THE MISSISSIPPI RIVER TRAIL (US BICYCLE ROUTE 45). MOTION CARRIED 5-0. 5. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 September 17,2012 6.1 City of Elk River Volunteer of the Month-Mayor Dietz Mayor Dietz introduced,read,and presented a plaque to September Volunteer of the Month Gladys Olmsted. He provided the following background on Ms. Olmsted's service within the city: • CAER food shelf volunteer for 33 years • Service as an election judge for the city • 4-H volunteer • Emmanuel Lutheran Church volunteer 6.2 Mark Bezek,ISD 728 Superintendent—Information on District Levies This item is delayed to the October 15,2012,Council meeting. 7.1 Request by Elk River Landfill,Inc. for Amendments to Their Solid Waste Facility License to Operate the Existing Landfill Ms. Haug presented the staff report.Ms. Haug noted the expiration date under 3) License Period, should be changed to September 17,2013. Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor Dietz closed the public hearing. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER WESTGAARD TO AMEND THE SOLID WASTE FACILITY LICENSE FOR THE ELK RIVER LANDFILL TO OPERATE THEIR EXISTING LANDFILL AS OUTLINED IN THE STAFF REPORT WITH THE DATE CHANGE NOTED ABOVE.MOTION CARRIED 5-0. 7.2 Request by CSP—Elk River,MN LLC for a Conditional Use Permit to Amend the Existing Spectrum High School CUP for a Building Expansion at 17796 Industrial Circle,NW, Case No. CU 12-16 Mr.Barnhart presented the staff report. Mayor Dietz opened the public hearing. Ku Vang,owner's representative, stated he is available for any questions. Mayor Dietz closed the public hearing. Councilmember Westgaard questioned if this expansion was part of the original building plan and if more expansion plans are expected in the future. He stated he would like to see an overall master building plan completed by the applicant and has concerns because the facility is located in an industrial park. Rick Peterson,Spectrum representative, stated the expansion won't increase enrollment but is needed for more room in the music department and for three teachers to now have their own classrooms. City Council Minutes Page 3 September 17,2012 MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-16 AS ILLUSTRATED ON DRAWINGS DATED SEPTEMBER 6,2012,WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE STAFF COMMENT LETTER DATED AUGUST 13,2012, SHALL BE ADDRESSED, INCLUDING LIGHTING, LANDSCAPING,AND ENGINEERING COMMENTS. 2. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 3. THE DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE AND BUILDING CODES. MOTION CARRIED 5-0. 7.3 Request by Alliance Machine/Brian Provo for a Conditional Use Permit for Outdoor Storage at 17520 Tyler Street (Northstar Business Park Case No. CU 12-17 Mr.Barnhart presented the staff report asking for the public hearing to opened and closed. Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor Dietz closed the public hearing. This item will be renoticed and come back to Council at a later date. 7.4 Request by Mark Leadens for Conditional Use Permit to Operate a Dry Cleaning Establishment at 927 Highway 10, Case No. CU 12-15 Mr.Barnhart 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 Westgaard asked for clarification on Condition#4 requiring the applicant to meet all applicable fire codes. Chief Cunningham stated the applicant would have to meet the requirements of the currently adopted 2006 fire code.He further noted the applicant is requesting a variance from a specific section of the 2006 fire code relating to sprinkling systems because it has been changed in the 2012 code. Attorney Beck stated the State Fire Marshal has the authority to grant the variance but they will take input from the local governing body. He stated if the variance is granted and the applicant is following the 2006 fire code,he would be meeting the requirements of Condition#4. Councilmember Motin disclosed the applicant has been a client in the past on unrelated matters. City Council Minutes Page 4 September 17,2012 MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE CONDITIONAL USE PERMIT, CASE NO. CU 12-15 TO OPERATE A DRY CLEANING ESTABLISHMENT WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. ALL EXTERIOR SIGNAGE SHALL REQUIRE A PERMIT. 3. ALL EXTERIOR CHANGES WILL REQUIRE A PERMIT AND ARCHITECTURAL DRAWINGS. 4. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. MOTION CARRIED 5-0. 8.1 Request for Fire Code Variance by Mark and Penny Leadens, 927 Highway 10 Chief Cunningham presented the staff report. Mayor Dietz questioned why the city is still following the 2006 fire code. Chief Cunningham stated the State dictates what cities follow and the state has not adopted the 2012 fire code. Councilmember Motin questioned what would happen if another dry cleaning business came in and wanted to follow the 2012 fire code. Chief stated the condition as written is specific enough to only apply to this applicant for this specific dry cleaning business. Attorney Beck stated the variance granted is based on information submitted by the applicant and the chemicals they are using and if they don't meet the variance requirements, they will lose the variance. Councilmember Motin questioned how enforcement would be monitored. Chief Cunningham stated it would be monitored via the fire inspection program. MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY COUNCILMEMBER GUMPHREY TO APPROVE A FIRE CODE VARIANCE TO MARK AND PENNY LEADENS FOR THE PROPERTY LOCATED AT 927 HIGHWAY 10 AND THAT THE PROPERTY SHALL COMPLY WITH CHAPTER 21 OF THE 2012 VERSION OF THE INTERNATIONAL FIRE CODE FOR THE PURPOSES OF OPERATING A DRY CLEANING BUSINESS. MOTION CARRIED 5-0. Attorney Beck noted the attorney,Mr. Nielson,is not expected until 7:00 p.m. for item 8.2. 8.3 Request for Authorization to Consider Changes to the Business Park Zoning District Regulations Mr. Barnhart presented the staff report. City Council Minutes Page 5 September 17,2012 Councilmember Motin stated he is not in favor of changing the regulations for outdoor storage in the Business Park District. He commented that when the Council reviewed the district regulations they wanted a higher standard set for the Business Park. Councilmember Westgaard stated he is in favor of staff reviewing options for outdoor storage. He questioned if there would be a difference between the Business Park and Industrial District regulations. Mr.Barnhart stated he would not recommend the same requirements for both districts. Councilmember Zerwas concurred with reviewing and discussing options. It was the consensus of the Council to have staff review and bring back some options for outdoor storage regulations. 8.4 Football Scoreboard Installation Expenses Mr. Hecker presented the staff report. Councilmember Zerwas stated the intent of this report is to inform the Council of an additional unbudgeted, spent cost for the scoreboard. He stated staff should've brought this to Council's attention before spending the funds. Councilmember Motin concurred and stated staff could have handled it better by requesting a special meeting and he further questioned the city administrator if staff has authority to spend the money without Council authorization. Mr. Portner stated he felt it appropriate to bring this to Council's attention noting that sometimes fee donations can have hidden costs attached to them. Mr. Hecker reiterated that sometimes donations are not always free and staff will look at other ways to analyze these in the future. 8.2 Martin Moritz Fence Mr.Barnhart presented the staff report. He noted some property owners were in the audience with presentations for the Council. Mayor Dietz asked the city attorney for his opinion regarding the legality of the city's ordinance. Attorney Beck stated he researched the issue and found that Chapter 344 does not preempt the city's zoning ordinance authority to regulate fences and he does not see any legal impairment to the city. He stated it may be worth Council discussion to review the four (outlined in the staff report) scenarios that involve fences in agricultural settings.He discussed the merger between the city and township back in the 70's and why this language may be in city ordinance. Councilmember Gumphrey questioned if the fence was already installed when this issue came up at Open Forum at the August 20,2012, Council meeting. City Council Minutes Page 6 September 17,2012 Mr.Barnhart stated he did not know if the fence was installed then,but it us up now. Mary McDevitt-Kraljec, 10159 201st Avenue-Stated she is opposed to the city changing the current code regarding the five-foot setback. She is further opposed to exempting the Moritz's from meeting the current code requirements. She stated the fence is now completely installed.She submitted pictures showing the destruction to her and her neighbor's property and the environment. Raef Kraljic, 10159 201 st Avenue- Stated they were not informed the fence would be installed.He stated he was forced to hire a surveyor to identify where encroachment on his property occurred with trees removed and stumps left on his property. He reviewed a map that highlighted the encroachment onto his property. He stated he is opposed to changing the five-foot setback and it is good protection for neighboring properties. He stated the buffer from his property has been removed and makes it less marketable. He stated the Moritz's equipment was on their property to install culverts into the Trott Brook. He further stated his trees have been damaged due to the heave equipment use. Mr.Jim Neilson, 118 East Main Street,Anoka—Attorney for Mr.Moritz stated he has never seen a case where a governmental body tries to keep a fence off a property line. He stated his client will have to pay for any property violation issues and the ordinance is a completely different issue. He stated MN Statutes Chapter 344 does apply and have precedent in this case. He stated a barb or wire fence erected five-feet from the property line would allow the adjoining property to adversely possess the additional five-feet of land. He stated City Code Section 30-796-refers to boundary fence but does not define it. He further stated there is no definition in city ordinance of a Property Line. He provided an example stating Mr.Moritz's property is the county road on the east and south side of his property. He stated the boundary line is not where the government occupies it for a road but rather the section line on the east and south side.He stated the easement is not a property line. Attorney Neilson discussed the partition fence and board fence law and stated the law allows for barbed wire in four different sections of state statute.He stated a board fence could be installed so the cattle won't go through the fencing.He stated the five-foot of land would be worthless and questioned its taxable value.He stated many of the barbed wire fences in Elk River are most likely right on the property line. He further stated Mr. Hagen (Mr.Moritz's adjoining neighbor) has a barbed wire fence installed right on the property line. He stated Mr.Moritz received a letter from Sherburne County Public Works stating he was in violation of putting in a driveway without a permit,which was brought to the county's attention by someone other than the government,which Attorney Neilson thought was odd.He stated the driveway has been there for 40 years.He suggested the city delete from its Code,Section 30-796 (d)(2)c,the words "...but not as boundary fences"and footnote #3 from Section 30- 1007 regarding keeping of livestock being prohibited from within five-feet of any property line. Mayor Dietz stated after the August 20 meeting,it was his understanding that Attorney Neilson and his client would wait for an answer regarding the five-foot setback until the September 20 City Council meeting;but his client went ahead and installed the fence anyway without caring what the City Council had to say on the matter. He questioned why Attorney Neilson is back asking the city to change the ordinance after they went ahead and violated it anyway- City Council Minutes Page 7 September 17,2012 Attorney Neilson stated that in the farming business there are certain times when work has to be done. He stated Mr.Moritz has been trying to complete his fencing project for two years but he only had the time to do the fence at the time he actually installed it.He further stated Mr.Moritz has cattle that have to eat and eating fresh grass saves him money because then he doesn't have to use his hay. Councilmember Westgaard questioned if there was additional work done to install the fence since Attorney Neilson and his client were here at the August 20 meeting. Mr.Nielson stated yes. Councilmember Westgaard further asked if Mr.Nielson advised his client to move forward with installing the fence on the property line. Mr.Nielson stated he told Mr.Moritz that if he had to install the fence to get the cattle on his property that it was his opinion that state law overruled the city ordinance. Councilmember Westgaard expressed disappointment noting that the fence issue was discussed at the August 20 Council meeting and the City Council at that time did not disagree that the ordinance should be reviewed regarding the location of fences and the definition of partition and livestock fence. He stated the City Council specifically asked staff to look into the matter and bring it back as soon as possible and Attorney Neilson and his client chose not to work with the city to work through the issue when less than one month has gone by. Councilmember Westgaard questioned if Mr.Moritz applied for a wetland mitigation permit to install culverts in the Trott Brook. Mr.Moritz stated it is not Trott Brook but Old Judicial Ditch#1,which was annulled in the 1960's by Sherburne County and given back to landowners. He stated he cleans the ditch out all the time and the DNR has approached him that he could be fined but they never did anything to him because he owns his portion of the ditch. Councilmember Westgaard stated the city has a wetland mitigation ordinance that Mr. Moritz should be adhering to and he further stated the city currently has a fence that is installed that is in violation of city ordinance. Councilmember Zerwas questioned how long the five-foot setback has been in effect in city ordinance. Attorney Beck stated it was originally adopted in 1982 and amendments were made in 2001 and 2004. Attorney Neilson questioned when the city took over the township and if the 1982 City Code covered all of Elk River. Attorney Beck stated after the merger in 1978,the county ordinances continued to be in effect for the township areas and the village/city continued to follow their ordinances. He stated a new Council and Mayor worked on drafting a new city code which was adopted in 1982. City Council Minutes Page 8 September 17,2012 Councilmember Gumphrey concurred with Councilmember Westgaard and stated the city was going to look at this in a rational way but that Mr.Moritz acted on his own. He stated this is a perfect example of why a five-foot setback is needed. He further stated he is disappointed in Mr.Moritz. Mr.Moritz stated he did cut a couple of trees by accident and he offered to make amends. He further stated the pictures shown by Ms.McDevitt-Kraljec weren't accurate. Council noted the civil issue is not before them today. Councilmember Motin stated Attorney Neilson basically told his client it is okay to violate city ordinance. He stated it's the wrong way to go about it by asking for forgiveness,rather than permission. He further stated there are many ways around adverse possession and it wouldn't apply in this situation. He stated he hasn't made any decision on the five-foot setback for fences. Robin Hagen, 20296 Twin Lakes Rd NW,stated setbacks most likely wouldn't have meant anything to Mr.Moritz. She stated the only reason they installed a fence was to protect their property because every time they left for work their trees would disappear. She reviewed photos of trees/branches cut into their property. She stated Mr.Moritz removed the monument marker and put his own posts out and left the monument marker sitting to the side. She stated she now has semi-trucks driving by because they put a road in right on the property line. She stated they have a 100 year old grainery they can no longer get behind to perform maintenance to it. She stated the Moritz's should have to follow the law and that it is in place for a reason. Councilmember Westgaard suggested directing staff to do more research on other communities and to bring this item back to a Council worksession. He also asked for past history on why the five-foot setback may have been chosen and requested all parties be notified in order to participate in the discussion. Councilmember Zerwas stated he is inclined to go with Option#1 (outlined in the staff report) of making no changes to the ordinance and to enforce the current ordinance as it is written. Councilmember Motin concurred but stated it also makes sense to get more information as to the purpose of the setback and what other communities are doing. He noted some sort of buffer would seem appropriate. Mayor Dietz questioned if the city changes the setback to two-feet,how it would affect Mr. Moritz. Attorney Beck stated there would be no non-conforming use rights because the fence was illegally installed Councilmember Gumphrey concurred with Councilmember Zerwas and further stated you need to account for the cows sticking their necks through the fence to eat the neighbors grass Attorney Beck asked for clarification on Council's direction. City Council Minutes Page 9 September 17,2012 Council consensus was to proceed with the city's code enforcement process (Chapter 50, Article V.) for illegal fences and to direct staff to do some further research with what other cities are doing on the matter. 9. Announcements Mr. Portner noted the Wapiti Appeal is scheduled in St. Paul,at 9:30 a.m.,on Wednesday. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:22 p.m. John J.Dietz,Mayor Tina Allard,City Clerk