01-20-2015 CCMEl -_
Meeting of the f�liC River City Council
River Held at the Elk River City Fall
Tuesday, January 20, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon, City Attorney Peter Beck, City Clerk Tina Allard, Planner
Zach Carlton, City Engineer Justin Femrite, Stormwater Coordinator
Brandon Wisner, Street Superintendent Mark Thompson, Street
Maintenance Operator II Tanner Anderson, Fire Chief T. John
Cunningham, and Senior Administrative Assistant Jennifer Johnson
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 7:15 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 01/2012015 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the January 20, 2015, agenda. Motion carried 5 -0.
4. Consider Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the following consent agenda:
4.1 Regular Council Minutes
• December 15, 2014
■ January 5, 2015
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Massage therapist licenses for Life's Retreat Massage and Spa
■ Abigail Kedrowski
■ Jesse Kral
4.5 Resolution #15 -03 Findings of Fact Denial of Minimum Lot Depth,
Reduction and a Lot Split for 19375 Oxford Street as outlined in the
staff report.
City Council 'Minutes
.January 20, 2015
Page 2
4.6 Resolution #15 -04 accepting the donation from Joanne McChesney
to the Elk River Activity Center.
4.7 Natural resource plan for Houlton Farm Property and Bailey Point
Nature Preserve as outlined in the staff report.
4.8 Resolution #15 -05 approving the 2015 maintenance agreement with
Wright County for Parrish Avenue Bridge.
4.9 Solid waste collection licenses to the following:
1. Ace Solid Waste
2. Advanced Disposal
3. Aspen Waste Systems, Inc.
4. Bumble Bee Express Roll-off, LLC
5. Elite Waste Disposal, Inc.
6. Jim's Mille Lacs Disposal, Inc.
7. JME of Monticello, Inc.
8. LePage and Sons
9. Lloyd's Construction Services, Inc.
10. Mac's Roll-Off Service, Inc.
11. Randy's Sanitation
12. Republic Services
13. Shamrock Disposal, Inc.
14. Steinbrecher Companies, Inc.
15. Veit Disposal Systems
16. Walter's Recycling and Refuse
17. Waste Management of Minnesota, Inc.
18. Nitti Rolloff Services, Inc.
4.10 Twin Lakes Road - 17151 Avenue Intersection Analysis.
411 Drug Task Force Investigator Position Description.
4.12 Assign Nick Flaherty as Lead Wastewater Operator.
4.13 Peddler License to Michelle Remick, Brain Freezze Ice Cream Truck,
valid through December 31, 2015.
4.14 Resolution #15 -06 approving microloan agreement with Coin- Tainer
in the amount of $200,000 as outlined in the staff report.
4.15 Economic Development Authority's decision to award the Public Art
Installation Project to Carl Zachmann.
Motion carried 5 -0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Don and Donna Bouley,
Volunteers of the Month for January. He noted their nearly 5,690 combined
volunteer hours in the following areas:
City Council Alinutes
January 20, 2015
■ Big Lake Senior Dining — Meals on Wheels Driver
• CAER Food Shelf /Kids Fitz
' Elk River Arts Alliance
• Elk River Community Theater
' Elk River Public Library
■ Fairview Northland Medical Center — pillow crafter
■ Salk Middle School
' Sherburne County Volunteer Bailiffs, Comfort Bears, Seniors & Law
Enforcement (SALT)
• Sherburne County Health & Human Services - Operation Thunder
■ Sherburne National Wildlife Refuge
' Sherburne History Center
■ Sherburne County Fair
■ United Cerebral Palsy
■ Youth Theater Workshop
6.2 Ontroduction of New Employees
Page 3
Mr. Femrite introduced Stormwater Coordinator Brandon Wisner to the Council and
provided information on his background and work experience.
Mr. Thompson introduced Streets Maintenance Operator II Tanner Anderson and
provided the Council with some of his background and work experience.
7.1 Orb nance Amendments for Zoning and Liquor Licensing Regarding
Taprooms, Breweries, Brew Pubs, Wineries, and Similar Businesses
Ms. Allard presented the staff report along with a PowerPoint presentation.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the ordinance amendment for incorporating new license
types in the liquor licensing section of the city code as outlined in the staff
report. Motion carried 5 -0.
Mr. Carlton presented the staff report along with a PowerPoint presentation.
Mayor Dietz reopened the public hearing. There being no one present to speak, he
closed the public hearing.
Councilmember Westgaard asked questions regarding the locations allowed for
operating taprooms and microbreweries.
Mr. Carlton explained larger breweries are industrial -based businesses, requiring
larger equipment, truck traffic, and large volumes of water. Tapr000ms would be
required to obtain a conditional use permit if they exceed a production level of
10,000 barrels a year.
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City Council ;Minutes
January 20, 2015
Page 4
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to approve the ordinance amendment modifying the city's zoning
ordinance to define and permit brewpubs, taprooms, farm wineries, and
microbreweries as outlined in the staff report. Motion carried 5 -0.
S.0 Houlton Farm Property Planning Committee
Mr. Portner presented the staff report.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the eight representatives for the Houlton Farm
Planning Committee as outlined in the staff report. Motion carried 5 -0.
Mayor Dietz recessed into work session 7:39 p.m. and the meeting reconvened at 7:44 p.m.
9.1 Code Enforcement Sogtns in Right -of -Way
Chief Cunningham presented the staff report.
Mayor Dietz expressed his concerns with theft of signs from other individuals after
they are collected and brought to the Street Department, noting this is not policed.
He stated if signs continue to get stolen, the city will have begun policing and
tracking the signs the code enforcement officers removes and a policy change be
presented to council. He felt Code Enforcement Officer Dave Hetrick's educating
the public has made a big difference in the decrease in complaints from those whose
signs were removed. Mayor Dietz also stated he felt there were more important
matters that needed addressing than policing illegal placement of signs.
Councilmember Westgaard agreed and stated he agreed there were larger issues that
needed staff time than sign complaints.
Councilmember Burandt felt the city is discouraging the use of temporary signs and
doesn't think the location of signs is much of a problem. She felt allowing temporary
signs allows for a hornier feel to the city and wondered why the council couldn't
figure out a way to allow for signs.
Councilmember Olsen felt it important to continue educating the public.
Councilmember Wagner felt it important to continue the education piece regarding
the public right -of -way. She stated she would like to see Mr. Hetrick continue doing
the verbal education piece with the public at least through the next year. She doesn't
feel it's conducive to make people complete temporary sign permits for these types
of signs.
It was the consensus of the council to continue the public education campaign
during this year.
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City Council Afinutes
January 20, 2015
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9.2 Fencing and Agricultural Animals
Page 5
Mr. Carlton presented the staff report along with a PowerPoint presentation. He
provided handouts of the current state statute, the city's ordinance amendment
adopted in October 2014, and the current ordinance as shown in the city's code. He
requested council direction regarding the two separate issues requiring discussion:
regulating fencing setbacks, and the use of keeping of agricultural animals in the R1 a,
b, c, and d districts.
Councilmember Burandt explained the section of the state statute that she felt was
being ignored, regarding the requirement of a partition fence on properties that,
when combined, totaled 20 acres or more (in any area, rural or closer to city limits).
She felt if smaller properties didn't fit state statute requirements, cities could then
have ordinances controlling where fences are required. But if properties are
combined and meet state statute requirements for a partition fence, a fence is already
in place and located on a property line, cities shouldn't require property owners to
install a second fence to comply with ordinance setbacks (5' or 100' from the
property line). She felt this was unnecessary, expensive, and in her opinion, not a
situation requiting a concern for public safety, expressing her experience as a farmer
of animals.
Councilmember Wagner asked and received clarification of what is required if a
property owner wants to establish a new use of the property by keeping animals.
Counselor Beck explained that the city's zoning ordinance, written by him in 1980,
was modeled around other community's ordinances in an attempt to reconcile the
juxtaposition of urban and rural development. He stated the statute outlines what is
used for a partition fence, which does allow barbed wire. He explained the setback
requirements are a separate issue that has been in place for a long time and didn't
find it unusual to see this challenge as rural and residential areas begin to blend. He
stated the council can develop a policy change and not require a 5' or 100' setback.
He stated ordinances are put in place to achieve public health, safety, and welfare
standards of its residents.
Councilmember Olsen felt the setback was overkill.
Councilmember Westgaard asked if there was a good, logical reason to keep animals
back from a fence and why a distance was established. He asked when a new
development comes in for small hobby farmers, does the city take into consideration
the setback when determining lot sizes, and does the city currently have non-
conforming lots? He stated he represents this area of the city and most residents he
spoke to either didn't know the requirements of the ordinance, and were fearful the
city would suddenly begin enforcing it. He didn't feel it was necessary to require a
setback.
Counselor Beck recalled setbacks for agricultural buildings were somewhat of a
subject back in the past, but doesn't recall if fencing setbacks were discussed much.
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City Council Minutes
January 20, 2015
Page 6
Councilmember Wagner stated her experience about being raised on a farm, noting
she felt a 5' or 20' setback doesn't matter and that animal noise and smell will still
exist. She didn't feel it right to require current property owners to install an
additional setback fence no matter what the distance.
Mayor Dietz expressed his concern with not having a setback and his experience
living adjacent to a property where cows came up to his property line. He felt there
should be some sort of setback when properties border residential properties.
Councilmember Burandt stated people have different preferences with what they
want to view in their back yards and some prefer animals.
Councilmember Wagner asked if the fence wasn't placed on the property line, how is
the property located between the fences being maintained.
Counselor Beck stated the city should look very closely at how to enforce current
agricultural use in regards to non- conforming properties. He also stated it would be
difficult to draft ordinance language to cover every possible property scenario in the
city.
Councilmember Westgaard proposed to remove the 5' setback in the areas zoned
R1 -a; in R1 or RI settings, determine a setback between larger parcels that have
agricultural animals and adjoining housing developments. He stated there will be
plenty of discussions taking place in the near future about possible rezoning of the
northern half of the city, and there is a challenge in crafting language that will cover
every possible scenario and exception.
Councilmernber Burandt asked to consider removing the requirement of a setback
fence if a partition fence in already in place, on adjoining properties that are
combined to total 20 acres or more. She also asked to remove all the setbacks if you
have a large enough piece of property to warrant a partition fence as identified in
state statute on properties that qualify to put up a partition fence in any zoning area.
It was the consensus of the council to have staff work with Mr. Beck to determine if
language could be drafted. Staff was directed to draft language modifications to
remove the setback for properties in the R1 districts, and remove the requirement
of a second fence in R1, b, c, and d zoned areas when parcels total 20 or more acres
on those properties that qualify to put up a partition fence in any zoning area as
identified by state statute.
9.3 Annual Report
Mr. Portner presented the staff report.
Mayor Dietz provided a history of the annual report presentation and stated
although he felt it a valuable piece of information and marketing tool, it no longer
served its usefulness, stating the Council receives 'information from staff year -round
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City Council Nfinutes
January 20, 2015
Page 7
through city administrator updates and budget discussions. He stated the amount of
time taken to produce the report could be spent in other ways.
Councihnember Westgaard stated that society has outgrown the concept of an
annual report and people are far more connected today by the use of social media.
The production and use of the annual report at one time had served its purpose and
those that want updates on city projects and achievements now receive them in a far
timelier manner.
Councilmember Olsen and Wagner agreed.
It was the consensus of the Council to discontinue the production of an annual
report.
9.4 Economic Development Director Recruitment
Mr. Portner presented the staff report and asked for Council direction in recruiting
an economic development director. Discussion was held with the possibility of
offering the position to the runner -up. Staff reported this person didn't have the
experience and background as the first candidate, but had the potential. Staff
reported there was no poll taken on the runner -up candidate. Discussion was also
held to consider going back to the regional market or further by doing a more
national /regional search, using a recruitment firm, and costs associated with it. It was
also suggested the possibility of having an employee guide someone as a
mentor /coach. The goal was to work with the candidate and set this hire up for
success.
After some discussion, the council requested staff to approach candidate #2 and
offer them the position.
10, Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:23 p.m.
Minutes prepared by Jennifer Johnson.
Jc#n J. ietz, ayor
Tina Allard, City Clerk
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