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4.1. DRAFT MINUTES 07-21-2014 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, July 7, 2014 Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and Motin Members Absent: None Staff Present: City Administrator Calvin Portner, Community Operations and Development Deputy Director Jeremy Barnhart, Finance Director Tim Simon, Fire Chief John Cunningham,Director of Economic Development Brian Beeman, City Attorney Peter Beck, City Engineer Justin Femrite,Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard I. Call Meeting to Order C X, Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 07 /07/2014 Agenda Moved by Councilmember Motin and seconded by Councilmember Westgaard to approve the July 7, 2014, agenda. Motion carried 5-0. 4. Consider Consent Agenda Mayor Dietz stated there was good attendance for the Independence Day fireworks. He further thanked Mike Matter,Harley Davidson,who recruited youth group volunteers and then paid them $500 for taking care of clean up after the event. Moved by Councilmember Westgaard and seconded by Councilmember Wilson to approve the following consent agenda: 4.1 June 16, 2014, Regular Council Minutes. 4.2 Check register as outlined in the staff report. 4.3 Resolution 14-32 Acknowledging Contributions for Independence Day Fireworks. 4.4 Promote Mark Thompson to Street Superintendent effective July 17, 2014. City Council Minutes Page 2 July 7,2014 4.5 Tobacco license to Omar Abuisnaineh for Elk River Smokes 4 Less, Inc. valid until December 31, 2014, with the condition that no smoking shall be allowed in the tobacco products shop. 4.6 Special event permit to Sherburne County Agricultural Society for the Sherburne County fair and parade valid July 17-20, 2014, subject to the following conditions: 1. Applicant shall provide garbage cleanup immediately following the parade. 2. Signs shall be installed at the following locations no later than July 12, 2014: a. Main Street and Morton Avenue (alerting westbound traffic) b. West of Orono Road at Main Street and Joplin Street (alerting eastbound traffic) c. On Joplin Street at Orono Parkway (alerting southbound traffic) d. Proctor Avenue and Main Street (alerting southbound traffic) The signs shall state: Main Street Closed July 19 10:00 a.m. - Noon Parade 3. Applicant shall provide portable toilets and inform all parade staff of the location for the toilets during parade staging. 4. Applicant shall ensure that all applicable fire codes have been met and all tents must be inspected by the fire marshal prior to opening. Applicant is responsible for contacting the fire marshal at 763.635.1110 to arrange for an inspection. 5. Applicant shall provide the Elk River Fire Department, Division of Emergency Management, with a copy of the Emergency Operations Plan to include, but not limited to, appropriate annexes for severe weather. 6. Access to the public safety facility, including the rear entrance area, shall not be obstructed. 7. Candy may be handed out at the parade but is not permitted to be thrown from moving objects. 4.7 Revised Fats, Oils, and Grease Enforcement Response Plan as outlined in the staff report. 4.8 Revised agreement with Tri-CAP for transit vehicle storage and maintenance as outlined in the staff report. 4.9 Development Agreement for Prestigious Woodland Hills Second Addition as outlined in the staff report. 4.10 Purchase desiccant dehumidifier for the Elk River Arena and accepting the quotes outlined in the staff report. Motion carried 5-0. P 0 W I R 1 0 0 Y NATUREI City Council Minutes Page 3 July 7,2014 S. Open Forum No one appeared for Open Forum. 6. Presentations, Awards, and Recognition There were none at this meeting. 7.1 Redevelopment Plan for Owner-Occupied Housing Rehabilitation Loan Program Mr. Beeman 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 Wilson and seconded by Councilmember Motin to adopt Resolution 14-33 Approving a Redevelopment Plan for an Owner- Occupied Housing Rehabilitation Program. Motion carried 5-0. 8.1 Comprehensive Plan Identified Amendments Mr. Barnhart presented the staff report. Councilmember Motin raised questions about the definition of a mother-in-law apartment. Mr. Barnhart explained current ordinance and noted staff would be reviewing the definition in more detail before they recommend any amendments to Council. Councilmember Westgaard requested the Parks and Recreation Master Plan be consulted,when finalized prior to amendments being completed. 8.2 Gravel Mining Study Mr. Barnhart presented the staff report. Councilmember Motin questioned if staff met with other similar communities who have gone through this development process. He questioned if the city should be discussing what types of uses will be installed before putting in the infrastructure versus the other way around. Mr. Barnhart stated the challenge for Elk River is development won't be expected for at least 10 years and there will be expected changes to come during that timeframe. He stated the current study wouldn't have a lot of detail but staff needs some information on items such as where roads will go so the city can obtain right of way in the right location. He noted staff met with planners for Maple Grove and F 0 W I R I D D Y 1`4M UREJ City Council Minutes Page 4 July 7,2014 Carver and further discussed their planning processes. He noted the city would be looking at land use first,which will generate the infrastructure need. Moved by Councilmember Westgaard and seconded by Councilmember Burandt to hire WSB and Associates to complete the 2014 Gravel Mining Study at a price not to exceed $43,300. Motion carried 5-0. 8.3 Quiet Zone Options Mr. Femrite presented the staff report and a PowerPoint. Mayor Dietz expressed frustration with the cost increasing over $850,000 due to a person who purposely broke the law by going around the railroad arms. The Council concurred. The Council felt the project must continue based on public input and would like staff to evaluate financing options at the expense of other items being cut or postponed from the budget. Staff was also directed to look into whether the high rating will decline over the next few years. 8.4 Renaming of Lions Park Mr. Hecker presented the staff report. Councilmember Motin stated he is not a fan of naming city parks for local people and felt the naming of a park should be based on regional factors. He further noted Lions Park is different and with the Lions Club stepping forward and supporting the name change he will support the proposal. He stated there is no doubt John Weicht deserves the recognition. Moved by Councilmember Motin and seconded by Councilmember Wilson to rename Lions Park to Lion John Weicht Park. Motion carried 5-0. 8.5 2015 Benefit Level for Fire Relief Association Mr. Simon presented the staff report. Mayor Dietz stated the Fire Relief Board are a conservative group and do an outstanding job managing their defined benefit plan. He stated he prefers to see steady growth rather than large gains and losses. He stated the plan in good shape and doing very well. Former Board Member Bob Pearson thanked the Council for their support and further thanked the Mayor and Finance Director who serve and are active and engaged board members. p 0 W I R 1 0 8Y NATUREI City Council Minutes Page 5 July 7,2014 Councilmember Wilson questioned if investments are in funds or single held equities and if they are not is there a guiding principle the Relief Association follows. Brian McKnight,Parr McKnight Wealth Management Group, stated investments are held in a combination of funds with 60%in equities and 40%in fixed income. He noted state law limits outlines some requirements for investments. Mr. Simon explained the Association's Investment Policy. Moved by Councilmember Wilson and seconded by Councilmember Westgaard to increase the Elk River Fire Relief Association benefit level to $5,360 per year of service effective January 1, 2015. Motion carried 5-0. 8.6 Discuss Worksession Agendas Mr. Portner presented the staff report. He further added there would be a quiet zone follow-up and discussion on storm water fees. Mayor Dietz requested a discussion on ditches before the end of September. He suggested inviting county staff to participate. He noted Commissioner Anderson mentioned that the county would be doing something for cities for water issues. 9. Council Liaison Updates The Council provided updates of the work of the various boards/commissions. Mayor Dietz noted there is a vacancy on the Great River Regional Library Board and to let him know of anyone who would be interested in serving on this board. Councilmember Motin stated the Region 7W board would be allowing the appointment of alternate members in the case of a serving member not being able to make it a meeting. Council recessed at 7:24 p.m. in order to go into worksession. Council reconvened at 7:29 p.m. 10.1 Development Fee Comparison Mr. Barnhart presented the staff report. He stated a challenge with a fee comparison, is not all fees translate directly. He stated cities call fees by different names and there are varying factors attached to fees such as Met Council, taxing separately for some services, cities providing different service levels for the fees, etc. He stated fees are based on needs and in line with the services being offered by each city. F0WIRIO 0 1`4M City Council Minutes Page 6 July 7,2014 Mayor Dietz stated it was interesting that Monticello doesn't charge park dedication fees for commercial properties. He stated some cities put more priority towards their parks and he wouldn't want to eliminate the fee for commercial or industrial development. Mr. Barnhart stated the Parks and Recreation Master Plan will be reviewing options for calculating park dedication fees. He stated charging the fee to commercial and industrial developers is valid because they will utilize city amenities and market them to attract new employees. Mayor Dietz questioned if the issue for the developer was because of the cost of the road. Mr. Barnhart stated he understood the developer had issues with the development fees ($79,365.11) and the cost of the road and the land underneath (because he had to dedicate right of way and build the road). Mr. Barnhart stated this developer was not treated any differently than any other developer and he was charged consistently with how other developers would be charged. He stated developers help fund what they trigger. Councilmember Wilson stated the developer who requested the fee comparison wanted the city to review its fees to see if competitive with other cities. He said he wanted the opportunity to discuss the fees to make sure the city is competitive. He stated he would hate to see the city lose a deal due to park dedication fees and would Eke to take additional time to look at the issue more closely. Mr. Barnhart stated it is appropriate to review the park dedication fee and it will be considered in the Parks and Recreation Master Plan process. It was noted that one of the fees didn't add up correctly in the staff report so staff was directed to send updated spreadsheet. 10.2 Focus Area Study Implementation —Yale Court Mr. Barnhart presented the staff report. Yale Court Council noted this parcel or a portion of it is important as a connection piece for a frontage road to local businesses. Mr. Barnhart stated the city would need to take the whole parcel because the portion needed is the prime developable part of the land. Councilmember Motin suggested negotiating with the developer and noted at worst case, he would be willing to consider eminent domain due to the important need for this connection. P O W E R E D 0 Y 1`4M City Council Minutes Page 7 July 7,2014 Councilmember Westgaard concurred and felt this lot is critical for the overall plan. He stated Option 1 or 2 are the most viable route at this time. Councilmember Motin stated he is not interested in Option 3. Councilmember Burandt concurred. Council directed staff to continue to work with the potential developer,and to also consider negotiating the price of the parcel with the current property owner. East Side Mr. Barnhart stated staff would like to approach property owner Moyer to discuss combining parcels of land that would benefit the city and the property owner. Council directed staff to approach the property owner to gauge his interest in combining parcels. 10.3 2015 Street Improvement Project Mr. Femrite presented the staff report. 165`h Avenue dam'Jarvis Street Mr. Femrite stated Jarvis Street is shared by the cities of Elk River and Ramsey. It was noted there seems to be no Joint Powers Agreement for the responsibilities of maintaining this roadway. Staff stated Elk River has maintained the road in the past. Mr. Femrite stated Ramsey city staff has indicated they have no funding available for this project. Mayor Dietz questioned how Jarvis Street could be improved because it wouldn't be fair to Elk River taxpayers if Ramsey doesn't pay their portion for repairing the road. Mr. Femrite questioned if the Council would like a sidewalk or trail on this improvement route. He discussed the trail connections could lead to the Youth Athletic Complex and the future Mississippi River trail system. He stated funding for these trails could come from Municipal State Aid. Councilmember Burandt stated it is important to have safe trail routes along roadways. She stated Elk River doesn't have the bike trail system that is as nice as the City of Ramsey. She stated she knows of people who bike along the railroad line and the city needs a way to move trail users along main corridor routes. Council directed staff to include an option for trails so they could review the cost. P O W E R E D 0 Y 1`4Af- City Council Minutes Page 8 July 7,2014 Councilmember Wilson stated he would be more comfortable seeing an overall trail plan. Mr. Femrite explained further where the future trail connections would be from the west side of 165"'Avenue through Cargill land and to the Natures Edge Business Park. He stated Ramsey has been moving forward on their trail connections for their Mississippi River trail system. Mr. Femrite outlined city policy requiring all the city roads be built to urban standards. He questioned Council if they would be interested in changing the policy to allow for some rural standard roads to be built in certain locations. He stated this area is rural in nature and requiring it to go urban will require additional storm water planning requirements be met. Councilmember Burandt stated it is worth a review. Mayor Dietz questioned if the city would be going against its own standards to save itself some money. Councilmember Motin expressed concerns with making this change because the city has required people to live by the urban standards for many years. He is concerned about changing the policy for the city's own benefit. He further questioned if the substructure of rural roads can be built to handle future urban road design without ripping up the road. Mr. Femrite stated if the substructure were built to urban standards,then the urban road should be installed and there would be a challenge with retrofitting a rural road to urban. Mr. Femrite noted he hasn't gotten feedback from the City of Ramsey regarding financial contribution for a quiet zone as discussed at a previous joint meeting. Country Crossing 2nd Addition Mr. Femrite recommended removing this development from improvement as it is in good condition. Council concurred. Elk Hills Drive Mr. Femrite stated he would like to approach the residents and gauge their interest in the extension of city sewer and water. He noted there would be an assessment cost to the property owners. Mayor Dietz questioned if the city can give property owners funding over a long- term. P O w E R E U 9 1 1`4 f U City Council Minutes Page 9 July 7,2014 Council consensus was to ask the property owners if they are interested in city sewer and water. Mr. Portner noted if the owner's say no,they should know that it will be years before they are allowed an opportunity to hook up again. Attorney Beck stated this project may fit into current city policy but the city should look at the lot sizes and consider forcing the hookup because there are older septic systems on these parcels and most likely not an alternative for a second septic system location as is required by state law. Oak Hill-Knollwood Mr. Femrite stated he would like to add the extension at 197"'and 197`"Avenues as a mill and overlay project. Council consensus is to add this road extension. 10.4 2015 Budget Discussion Mr. Simon presented the staff report and a PowerPoint. Council noted they would like to see the two year budget numbers put together by staff. 11. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:04 p.m. John J. Dietz,Mayor Tina Allard, City Clerk P O w E R E U 9 1 1`4 U