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4.1. DRAFT MINUTES (3 SETS) 11-16-2015 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, October 19, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Park Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, City Attorney Peter Beck, City Clerk Tina Allard, Chief T. John Cunningham, and Recordin Secretary/Sr. 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 6:34 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 10/19/15 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the October 19, 2015, agenda. Motion carried 5-0. , 4. Consider Consent Agent Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 October 5, 2015, minutes. 4.2 Check Register, check numbers 9822 and 93949-94140 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Solid Rock Preliminary Plat with the following conditions: 1. Surface water management fee be paid for one (1) lot in the amount required by the city (currently $220/lot) prior to releasing the Final Plat for recording. 2. All comments in the Environmental Memo dated July 8, 2015, shall be addressed. City Council Minutes Page 2 October 19,2015 ----------------------------- 3. A wetland delineation report must be completed and accepted by the city. 4. A 45 foot easement around all wetlands shall be added to the Preliminary Plat. 4.5 Resolution 15-62 approving Summary Publication of Ordinance 15-31, an ordinance amending Sections 30-796, Fences; 30-1007,Accessory Structures; 30-1042,Accessory Structure Setbacks; 30-1582,Accessory Structure Setbacks. 4.6 Massage therapists license for the following therapists to work at Life's Retreat Massage and Spa valid through December 31, 2016: Bonnie Mulkey and Mackenzie Vileta. 4.7 Solicitor license for Alan Wagner, The Window Store Home Improvements, Inc., valid until December 31, 2015. 4.8 Hire part-time city hall secretary/receptionist Cathy Dalchow effective November 5, 2015, at Step A of pay grade 3. 4.9 2016 Flexible Benefits Plan. 4.10 Hire full-time police officer Megan Kosloske effective November 2, 2015, at a pay rate per the union contract for a starting officer. Motion carried 5-0. S. Open Forum Kathleen Heaney, 12797— 183Td Court NW,representing herself,her husband Ed Stoutenburg, and Mrs. Myra Werner, 12800— 183Td Court NW,indicated they became aware of a 66' strip of land identified as PID 75-413-0240 and 75-413-0310 that was dedicated to the city by plat in the 1800s located from Main Street down into Lake Orono. She indicated in her research that this is public land and asked the Council to consider identifying it as public land or consider it an access point to the lake. She asked if the council declined to do so that the city foreclose on the property and allow someone to purchase it. Mayor Dietz stated the property in question is not a vacated easement. He indicated staff will review and have the item brought back for consideration on a future agenda with the neighboring properties notified of the meeting. 6.1 City of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to Donita Grel as Volunteer of the Month for October. He noted the following volunteering accomplishments: • Member of the Care Givers at Central Lutheran Church. • Chairperson of the Military Ministry and Central Lutheran. • Current co-chair of Beyond the Yellow Ribbon steering committee and Chair of the Faith Based Committee as part of the Beyond the Yellow Ribbon. • Volunteer at Guardian Angels Care Center. UREJ City Council Minutes Page 3 October 19,2015 ----------------------------- • Member of Friends of Guardian Angels Auxiliary. • Board member of the Trout Brook Farm Housing Association. 6.2 Introduction of New Employee: Krystal Fosdick Chief Cunningham introduced Krystal Fosdick, the new Fire Department administrative assistant, and provided information on her background and experience. 7.1 Electronic Delivery Devices Ms. Allard presented the staff report. Mayor Dietz opened the public hearing for comment. Fred McCoy, 651 Main Street and owner of McCoy's Pub,indicated he is against this ordinance banning electronic delivery devices as he doesn't feel the city should tell businesses what they can/can't do. He felt imposing the ordinance would affect his business and wished to see the health reasons for the ban. Councilmember Olsen stated his opinion regarding public health risks of e-cigarette use. Alicia Bauman representing Centracare Health, stated she supported the proposed ordinance in the city's efforts to protecting the health and safety of the public. Katie Gruber representing Centracare Health, stated she also supports the proposed ordinance in the city's efforts to protecting the health and safety of the public. Mark Lees representing Sherburne County Public Health, supports the city's ordinance regulating the use of e-cigarettes in the same fashion as smoking in accordance with the Minnesota Clean Indoor Air Act. There being no one further to speak,Mayor Dietz closed the public hearing. Councilmember Wagner stated she will not support the ordinance as it is proposed as she didn't feel the city should make determinations of what occurs in private businesses. She did agree that city parks and buildings should be banned from the use of e-cigarettes. Councilmember Westgaard could be in support of banning the e-cig delivery in city buildings and parks but not in city businesses until there is overwhelming proof that secondhand e-cig vapors cause adverse health risks and he would not be in favor of this ordinance. Councilmember Burandt stated adult and childhood asthma are two of the most common conditions that affect people because of their exposure to secondhand P 0 W I R I U 0 Y otm§A UREJ City Council Minutes Page 4 October 19,2015 ----------------------------- smoke. She noted the position the city is taking to protect those and providing seniors and children a safe environment for them to work or spending their resources. She stated she supports the passing of this ordinance to show people we care about them as individuals and care about their health needs. Moved by Councilmember Burandt and seconded by Councilmember Olsen to adopt Ordinance 15-32 regulating the use of electronic delivery devices where smoking is prohibited by the Minnesota Clean Indoor Air Act as outlined in the staff report. Motion carried 3-2. Councilmembers Westgaard and Wagner opposed. 7.2 Conditional Use Permit for B.R.E.W. Fitness Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU15-15 to B.R.E.W. Fitness, LLC, to operate a recreational facility in the Elk Park Center Planned Unit Development with the following conditions: 1. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of all required permits before construction may begin. 2. The applicant must apply for and receive approval of all required sign permits before signage may be installed. 3. The authorized use shall not begin until the Conditional Use permit is recorded. 4. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. Motion carried 5-0. 7.3 Elk Path Business Center Land Use Amendment and Rezone Request Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak,Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 15-63 amending the Comprehensive Plan to change the land use designation for Outlot F of Elk Path Business Center from Public/Institutional to Industrial as outlined in the staff report. Motion carried 5-0. p U W I R I D 0 NATUREI City Council Minutes Page 5 October 19,2015 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Ordinance 15-33 amending the City of Elk River zoning map to rezone Outlot F, Elk Path Business Center, from R-1c (Single-Family Residential) to BP (Business Park) as outlined in the staff report. Motion carried 5-0. 7.4 Conditional Use Permit to Allow Drive-Through at Panera Bread Cafe Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak,Mayor Dietz closed the public hearing. Councilmember Westgaard asked if the existing Panera building was originally built in the easement and if so,is the city approving an expansion of a non-conforming building. Mr. Leeseberg indicated in the current documents,the building is shown in an easement but previous documents showed the building outside the easement. He stated the city will allow the building to be expanded if approval to expand in the easement is received from the owner of the easement. Councilmember Wagner asked if any of the outdoor seating spaces will be removed and if traffic flowing through the nearby businesses, especially the Subway drive-thru area,would affect Panera's proposed drive-thru or cause any driving risks. Mr. Leeseberg indicated there will still be some outdoor seating spaces. He stated neighboring businesses hasn't made contact with the city with any concerns or opposition, and during the site plan review process, the additional traffic flow proposed didn't bring any concern from police or fire representatives. Mayor Dietz asked if their deliveries would be affected by the drive-thru. Mr. Leeseberg indicated to his knowledge the business will adjust their delivery schedule and location to meet these proposed changes. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit, Case No. 15-13 to allow a drive-through at Panera Bread Cafe with the following seven conditions: 1. The Conditional Use Permit shall not be recorded until all applicable conditions have been substantially completed. 2. The authorized use shall not begin until the Conditional Use Permit is recorded. 3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. POWERED 9r UREJ City Council Minutes Page 6 October 19,2015 ----------------------------- 4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building and sign permits before construction may begin. 5. The building shall meet all building and fire codes. 6. The fire chief shall verify the location of all fire hydrants, and may require additional hydrants necessary to preserve the health and safety of the residents. 7. An Encroachment Agreement with Great River Energy shall be provided to the city before a building permit by issued. Motion carried 5-0. 7.5 Big Tex Trailers Land Use Amendment and Conditional Use Permit Mr. Leeseberg presented the staff report. There was no action required on this item. 8.1 Adopt Wayfinding Master Plan Ms. Gardner presented the staff report. Mayor Dietz asked whether the wayfinding subcommittee had received and reviewed this final plan. Ms. Gardner started yes. She stated staff representatives were involved in the wayfinding sign process and provided suggestions and input on sign content. Mayor Dietz asked when sign prices would be provided. Ms. Gardner stated if the council approved the master plan this evening, an RFP would be requested during the second week of January, 2016, asking for prices. She stated each sign would be priced in the RFP and prices would be guaranteed for two years, allowing staff and the council to establish priorities on which signs to complete first. Councilmember Burandt asked if any signs would be made in-house. She asked which budgets would be responsible for paying for signs and if the Parks and Recreation Commission had reviewed this plan. Ms. Gardner stated there are options for some smaller signs that could be created in- house. She stated each department has funds budgeted towards signage and the CIP had funds budgeted for the gateway signs. Ms. Gardner noted in previous meeting minutes it was council consensus that commissions not be included in the sign review process. Councilmember Wagner expressed concerns with the Parks and Recreation Commission being able to review the plan because it could have an effect on their budget. POWERED 9r UREJ City Council Minutes Page 7 October 19,2015 ----------------------------- Ms. Gardner stated commission and community representatives were part of the initial wayfinding plan discussions but the council wasn't in favor of those designs and decided to start the process over. Councilmember Wagner asked if the signs could include digital interactivity and if there was a prioritization table for what signs are created first. Ms. Gardner stated the digital interaction component wasn't part of the current sign design. She indicated the priority of sign replacement would be guided by staff recommendations. Councilmember Westgaard stated it's difficult to know what a priority is until a cost is obtained,and feels the challenge with how parks signage is funded. He asked Mr. Hecker's sign replacement priorities and if he was concerned with the cost to implement signs, knowing it could be a significant portion of the parks and recreation budget. Mr. Hecker stated replacement priority would be for the older signs in the city's signature parks, such as Hillside and Orono Park. He stated his challenge in deternuning the priority is because the cost is unknown at this time. He stated the biggest challenge his department sees is outsiders to the community calling and commenting on the difficulty in locating certain parks. Mayor Dietz expressed his concern approving the plan without knowing the costs of the signs. He felt the wayfinding plan should be reviewed by the Parks and Recreation Commission and Street Department. Mr. Portner stated it's the council's will as to what they would like to see in a comprehensive wayfinding plan. He indicated in the past, a hodgepodge of signs has been used, sometimes showing multiple messages,which didn't follow the city's brand plan. He indicated the council will always have an opportunity to review various funding options before sign implementation. Mayor Dietz doesn't object to the overall plan, but felt concern with putting funds into a sign instead of improving the amenities of a park. He asked who would approve the signs if brought to the parks commission. Ms. Gardner noted the wayfinding plan includes sign option alternatives for budgeting purposes. She stated parks staff makes recommendations on signage replacement needs dependent on the budget. Councilmember Westgaard felt hesitant to send these back to the commissions, asking who makes the ultimate decision on funds spent,the parks and recreation director or the parks commission. UREJ City Council Minutes Page 8 October 19,2015 ----------------------------- Councilmember Wagner indicated at a recent meeting the parks and recreation commission chose to keep a $25,000 placeholder in their budget for sign replacement,but they are hesitant to spend that much until they know how much the entire plan will cost. She stated her concern was ensuring the commission, council and staff all have the same intent. Councilmember Westgaard stated signage is an important part of operating a city park but shouldn't burden a limited budget without having budget plans in place. Mayor Dietz asked that other funding sources be considered to pay for signage and didn't feel the parks and streets budgets should pay for all of it when signage is a benefit to the entire city. Mr. Portner stated further discussion can be had regarding funding options. Dave Anderson stated the Parks and Recreation Commission discussed this and noted$25,000 is 8-9% of their annual budget. He stated he has serious concerns about the cost of implementing this plan. He asked Mr. Hecker to allow the commission to review the concepts to provide their input, stating a very creative group volunteers their time and energy on the commission and as park stewards. He stated they would like the opportunity to say what their `front door'would look like. Councilmember Olsen asked about the four gateway signs and expressed how important it was to give a strong first impression when entering the city. Councilmember Burandt asked if there was any problem with delaying the approval of the plan so the park and recreation commission could review it. Mr. Portner and Ms. Gardner indicated any further work would require an additional payment to Visual Communications but the current plan could be shared with the commission. Mayor Dietz asked if this could be added to the November Park and Recreation Commission meeting. It was the consensus of the council to allow the Parks and Recreation Commission to review the wayfinding sign plan and their feedback provided to council. ------------------------- Mayor Dietz indicated he's heard ridiculous rumors about the Elk River Municipal Utilities (ERMU) increasing utility rates because of the recent incorporation of 300 new commercial and residential customers from Connexus Energy. He stated the rumors are false, rates are not increasing, and ERMU will continue to communicate the correct utility rates to their customers. ---------------------- UREJ City Council Minutes Page 9 October 19,2015 ----------------------------- Mayor Dietz recessed the meeting at 7:52 p.m. and reconvened the meeting at 8:00 p.m. 9.1 Park Dedication Fees Mr. Hecker presented the staff report. Rita Trapp, Planner from HKGi,presented a PowerPoint presentation. The Council discussed the fact that overall, revenue generated from collection of park dedication fees using the current schedule would decrease,but then the city would comply with state statute. The council requested a 3-year lookback of platted properties to get an idea of how much lower the park dedication fees would be with the recommended approach. Staff will put together this information for a future meeting. Regarding city code revisions,the following areas were suggested to bring the current code into compliance: Staff recommended removing the sentence indicating the use of the cash dedication specifically referencing the payment of funds for trails. The city does not have a trail fee, nor does it intend to require fees for trails; therefore,it was recommended that the sentence be removed to eliminate any confusion. Council concurred with this recommendation. Staff recommended removing the specific references requiring Parks and Recreation Commission involvement in the platting process. The consensus of the council was not in favor of this and indicated they would still like the commission's review of the plat, noting specific findings of fact why the land will be taken versus the cash. Staff recommended removing the Open Space Preservation Plats requirements that include specific provisions for park dedication. Council concurred with this recommendation. 9.2 Concept Review for Modern Construction Mr. Carlton presented the staff report. Jessie Hartung with Modern Construction presented his concept plan entitled "Ecology." Mayor Dietz stated he felt the city would set a bad precedence in forgiving the requested development fees and felt it would open the door for others to ask for the same treatment. He felt there were other ways for the city to assist with this project but not in favor of this type of approach. UREJ City Council Minutes Page 10 October 19,2015 ----------------------------- Mr. Carlton stated Mr. Hartung is working with Economic Development Director Amanda Othoudt to determine different options of financing. Attorney Beck indicated perhaps it could be structured if the Council were interested in a public/private partnership with Mr. Hartung. Councilmember Wagner felt conceptionally this type of proposal was a very good idea. The Council indicated the city would be interested in pursuing this type of plan if the applicant can arrive at the same goal by using funding systems already in place. Mr. Hartung will meet with city staff to discuss various options. 9.3 Elk River Lodge and Suites Update Mr. Carlton presented the staff report. Mayor Dietz suggested the current residents be notified that the building could be deemed inhabitable. Staff would continue to work with attorney Scott Baumgartner in possibly drafting a letter to the current residents at 17432 Zane St NW. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 10:00 p.m. Minutes prepared by Jennifer Johnson. John J. Dietz,Mayor Tina Allard, City Clerk UREJ Closed Meeting of the Elk River City Council City of Held at Elk River City Hall Elk Monday, November 2, 2015 River Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, and City Clerk Tina Allard Also Present: Attorney's George Hoff and Peter Beck 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 6:04 p.m. by Mayor Dietz. 2. Closed Meeting The purpose o t"e c osed meeting was to scuss Wapiti Park Campground litigation. The meeting was closed pursuant to Minnesota Statute Section 13D.05, Subdivision 3 r 3. Adjournment There being no further business,Mayor Dietz adjourned the closed meeting of the Elk River CitSr Council at 6:37 p.m. John J. Dietz,Mayor, -IF Tina Allard, City Clerk P 0 W I R 1 9 ® r NATUREI VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, November 2, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Fire Chief T.John Cunningham, City Attorney Peter Beck, Economic Development Director Amanda Othoudt, Planning Manager Zack Carlton,Environmental Technician Kristin Mroz, Senior Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, Street Superintendent Mark Thompson, Police Chief Ron Nierenhausen, Patrol Captain Darren McKernan, and City Clerk Tina Allard 'N I. Call Meeting to Order NbkA Pursuant to due call and notice thereof, the meetin of the Elk River City Council was called to order at 6:43 p.m. by Mayor Dietz. ' 2. Pledge of Allegiance The Pledge Allegiance was recited. '`: 3. Consider 11/2/15 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the 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 Check register, check numbers 94141-94313 as outlined in the staff report. 4.2 Massage therapist license to Angelique Lerdall valid at Life's Retreat Massage and Spa through December 31, 2016. 4.3 Purchase agreement between City of Elk River and E&R Investments, LLC for purchase of real property located at intersection of Highway 10,Joplin Avenue, and Business Center Drive. 4.4 Revisions to the HRA Blighted Properties Forgivable Commercial/Industrial Loan program policy and application as outlined in the staff report. Ciry Council Minutes Page 2 November 2,2015 ----------------------------- 4.5 Hire David Williams as a police officer effective November 16, 2015. 4.6.A Hire Angie Fisher as a secretary/receptionist to the police department effective November 9, 2015. 4.6.B Hire Danielle Faulhaber to the position of secretary/receptionist to the police department effective November 3, 2015. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Proclamation: Veteran Appreciation Month Mayor Dietz read a proclamation proclaiming November as Veteran Appreciation Month. He introduced Sherburne County Veterans Services Director Bruce Price. Mr. Price provided statistics about veteran and noted many of them don't utilize the benefits available to them. He stated it his is mission to get the word out about these services and what his office can provide for veterans. He further invited the veterans to visit him. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to designate November as Veteran Appreciation Month. Motion carried 5-0. 6.2 Certificate of Achievement for Excellence in Financial Reporting Mr. Simon presented the staff report. He noted staff has done an excellent job. Council congratulated Mr. Simon on doing a great job. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to accept the Certificate of Achievement for Excellence in Financial Reporting. Motion carried 5-0. 7. Public Hearings There were no public hearings. 8.1. Elk River Landfill, Inc., Solid Waste Facility License Amendments Ms. Mroz presented the staff NATUREJ Ciry Council Minutes Page 3 November 2,2015 ----------------------------- Moved by Councilmember Burandt and seconded by Councilmember Olsen to approve the solid waste facility license for the Elk River Landfill, Inc., as outlined in the staff report. Motion carried 5-0. 8.2 Discuss Work Session Items Mr. Portner presented the staff report. He noted the park dedication fee discussion would be on the November 16 meeting agenda. 9.1 Council Liaison Updates Council provided updates for the various boards. Council recessed at 7:01 p.m. to go into work session. The meeting reconvened 7:07 p.m. 10.1 Saxon Property Discussion: Requested by The Briggs Companies Pat Briggs,Briggs Companies —Stated they are working on an overall development plan for the former Saxon Motors property (South of Highway 101/169 bridge and west of Highway 10/169). He stated it is 20 acres and is known as The Point in the city's Focused Area Study. He introduced Dan Anderson who he has hired as a consultant. Dan Anderson stated he likes this project. He stated he informed Mr. Briggs that they need to come in today and erase everything else. He stated this location needs attention and he has a list of users who want to be here. He stated he has shown the users the direction he would like to go but they are all under NCNDA (Non- Circumvention Non-Disclosure Agreement) so they can't talk about the project. Mr. Anderson stated he specializes in people movement. He stated he knows the road will change and he wants to address the townhome project located in the area. He stated he would never have done the townhome project at this location but it ended up being a good move and it is a nice-looking project. He stated he would like to add to it by marrying up the uses and get body movement to get people in and out of the area. He stated they don't'have a lot to present to the Council to highlight what they are doing today but he wants them to know he is a protocol person and he wants to deal with the senior planners and get Council's feedback. He stated that towards the end of projects he does the heavy lifting to try and bring in a plan Mr. Briggs envisions and the financial component. He stated he doesn't get involved with a project unless he knows he can bring in the financing piece. He stated he looks forward to working with the city and coming up with ideas,good and bad, and to work through the details. Mayor Dietz encouraged Mr. Briggs and Mr. Anderson to work through the city's NATUREJ Ciry Council Minutes Page 4 November 2,2015 ----------------------------- 10.2 Lake Orono Right-of-Way Access Mr. Leeseberg presented the staff report. Councilmember Westgaard stated the advantage to keeping the access is in case the city ever needs to access the lake from the opposite side of where it currently has access. He agrees that once the access is given up the city could never get it back. Mayor Dietz stated this request is unique in that the public is asking for access to the lake. Councilmember Westgaard noted most people most likely don't know there is land accessible to the lake. Mayor Dietz questioned if there is a way to maintain the driveway and still allow the public to have access to park. Mr. Leeseberg stated it would be a tight fit to allow public to park on the driveway. Councilmember Wagner stated if she lived here she feels it would cause issues for the adjacent homeowner's if the access was opened up to the public. Councilmember Westgaard stated there are two issues: 1. Whether the city is comfortable with giving up access to the land by vacating it; and 2. if the city keeps the right-of-way,how does it handle access. Attorney Beck stated because there is an application requesting the city vacate this parcel it should wait until the public hearing before getting involved with too many specifics. He stated the Council should consider why it may be good to maintain this access on the south side of the lake and highlighted the example of when the lake was dredged and trucks were hauling away material. He stated the city would have some options available to them if they decide not to vacate the right-of-way, such as a formal agreement or licensing agreement with the adjacent owner, or opening it up and establishing rules for public access. Attorney Beck suggested the Council provide staff direction regarding the establishment of criteria on a broader basis for all the water accessible right-of-ways. He stated in most cases it is in the public's interest to keep the easement but the city may want to consider setting up criteria on how they are allowed to be used. Mayor Dietz stated each of the right-of-ways should be evaluated to determine whether they make sense to NATUREJ Ciry Council Minutes Page 5 November 2,2015 ----------------------------- Attorney James Neilson representing Mr. Dargis, the adjacent homeowner—Stated this issue has been before Council several times and he would like staff to look back at old minutes. He stated the application for this homeowner,back in 2007,was improperly denied. He stated this is not public ground but an easement and the adjoining properties have fee title and have the absolute right to use the property unless the city is using it. Mr. Neilson referred to city resolutions from 1975 and 1976 which prohibits the launching of boats. Attorney Beck suggested Mr. Neilson present his information with the homeowner's vacation application so it can be analyzed. He stated the fact that the city hasn't been using the right-of-way doesn't mean it can't use it and noted an earlier decision by the Council can be reversed. Mayor Dietz stated discussion on this item would cease until the vacation application is considered in January. 10.3 2016-2020 Capital Improvement Plan Mr. Simon presented the staff report. He stated staff will have the final plan on the December 21 agenda for approval. Various staff discussed their capital outlay proposals. The Rivers Edge Commons Park Expansion Capital project was also presented. Council consensus was to move ahead on the bidding process for construction winter 2016 and return back to Council with the bids. This includes bidding the additional elements shown on the concept plan. 10.5 Streamline of Licensing Process Ms. Allard presented the staff report. Council directed staff to bring back recommendations on the types of licenses that should be approved in-house by staff. Council noted they wanted updates on the licensing that is approved. 10.4 2016 Budget Update Mr. Simon presented the staff report. Council consensus was to go forward with a revised levy of 1.54 percent over last year with the proposed adjustments. Staff reviewed a Library budget adjustment to add$500 in part-time pay and offsetting the amount from the contractual services line item for 2016. Council NATUREJ Ciry Council Minutes Page 6 November 2,2015 ----------------------------- There was discussion regarding the Elk River Municipal Utilities Payment in Lieu of Taxes for utilities and the difficulty in administration of this for utilities staff. Mr. Simon stated making a change by showing the costs in each city departments budgets may help to make staff more aware of their utility usage and to seek ways to reduce those costs. The budget increase will be offset by the additional 1% payment in lieu of fees and will have no levy impact,but will adjust the department expenditures upwards for 2016. Staff will present this as a separate item to be included in the final budget adoption on December 7. There were no additional questions about the 2016 budget. 10.6 Commercial Haulers Composting License Mr. Thompson presented the staff report. Mayor Dietz expressed concerns with the new policy as it applied to commercial haulers. He stated there are elderly residents who can't pick up their leaves and branches and they need to hire the work out. He stated these residents would end up paying more because of the additional costs to utilize a private composting company and it wouldn't be fair because they also pay taxes for the city/county compost facility. There was discussion regarding how scenarios affect the issues and it was noted enforcement would be difficult without hiring additional staff. Mayor Dietz stated he spoke with Sherburne County Commissioner Bruce Anderson,who told him this matter is strictly the decision of the cities. Mr. Thompson expressed concern with Elk River allowing commercial haulers and not the rest of the county compost sites because then all the commercial contractors would come to Elk River. He stated this would cause a large increase in their workload to process the material. Staff was directed to explore other options with the Recycling Board. 10.7 Vacation Accrual Carryover Discretion Mr. Portner presented the staff report. Council expressed concern about setting a precedent but Mr. Portner explained how this was a unique situation. Council consensus was for staff to move forward with drafting language to allow the vacation accrual payout for consideration at a future NATUREJ Ciry Council Minutes Page 7 November 2,2015 ----------------------------- II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 10:05 p.m. John J. Dietz,Mayor Tina Allard, City NATUREI