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05-21-2018 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, May 21, 2018 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Interim Park and Street Superintendent Tim Sevcik, Assistant Liquor Store Manager Steve Tillman, Parks and Recreation Director Michael Hecker, Stormwater Coordinator Brandon Wisner, Economic Development Director Amanda Othoudt, Economic Development Assistant Colleen Eddy, Chief of Police Ron Nierenhausen, and Executive Secretary/Deputy City Clerk Jessica Miller Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:09 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider May 21, 2018, Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the May 21, 2018, agenda. Motion carried 5-0. 4. Consider Consent Agenda Councilmember Wagner corrected the locations of the listening sessions for the May 5, 2018, and May 10, 2018, minutes. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda with changes noted above to the May 5 and May 10 minutes: 4.1 Minutes ■ May 5, 2018, Listening Session ■ May 7, 2018, Regular • May 10, 2018, Listening Session 4.2 Check register, check numbers 9936-9937 and 106166-106333 as outlined in the staff report. City Council Minutes May 21, 2018 Page 2 4.3 Parks and Street Maintenance Division reorganization and the job descriptions for street and park superintendent and division foreman as outlined in the staff report. Motion carried 5-0. S. Open Forum John Anderson, 208 Lowell Avenue — recently discovered his house and a couple nearby are now legal, non -conforming due to a change in zoning. Mr. Anderson expressed concern with homeowners having legal and financial issues if they sell their homes. He believes his home and the others more adequately align with the R1c district since they are already under wild and scenic regulations. Mayor Dietz directed staff to add this to a future agenda for discussion. 6.1 Beautification Program Ms. Eddy explained the purpose of the Beautification Committee. 6.2 Introduction of New Employees Mr. Hecker introduced Park Maintenance Worker Tom Poser and Part -Time Recreation Assistant Dawn Larson. Council welcomed staff to the city. 6.3 Proclaim Vickie L. Carlson Day Mayor Dietz read the proclamation. Assistant Liquor Store Manager Steve Tillman, highlighted Vickie's service at Northbound Liquor. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to proclaim June 5, 2018, as Vickie L. Carlson Day. Motion carried 5-0. 7.1 Color Sign Systems, Inc. (American National Bank) for Digital Sign Mr. Leeseberg 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 Westgaard and seconded by Councilmember Olsen to approve the request by Color Sign Systems for a Conditional Use PII[I[I Ir NATURE City Council Minutes May 21, 2018 Permit as the standards set forth in Section 30-654 are satisfied. Motion carried 5-0. 7.2 Conditional Use Permit: Joseph Eiler for Beekeeping Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Page 3 Joseph Eiler, stated he is the applicant and is in attendance to answer questions. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councihnember Wagner and seconded by Councilmember Olsen to approve the request by Joseph Eiler for a Conditional Use Permit with the following conditions to ensure satisfaction of the standards set forth in Section 30-654: 1. No more than eight (8) bee hives shall be allowed on the subject property. 2. The apiary shall be set back 20 feet from side and rear property lines. 3. The apiary shall be set back 30 feet from any right-of-way. 4. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and useable condition. 5. Each colony on the apiary site shall be provided with a convenient and adequate source of water which must be located within 10 feet of each active colony on the applicant's property. 6. Materials from a hive such as wax combs or other materials that might encourage pilfering by other bees shall be promptly disposed of in a sealed container or placed within a building or other bee and vermin - proof enclosure. 7. For each colony permitted, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five -eights (9-5/8) inch depth box, 10 frame hive body with no supers. 8. Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed structure. 9. Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. 10. The applicant must apply for a beekeeping permit by May 21, 2020. Motion carried 5-0. RO11RtI 01 NATURE City Council Minutes Page 4 May 21, 2018 7.3 Simple Plat: Barrett Estates Mr. Leeseberg 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 Councihnember Westgaard and seconded by Councilmember Wagner to adopt resolution 18-29 approving Final Plat of Barrett Estates with the following conditions: 1. Surface Water Management Fee shall be paid for two lots at the rate applicable at the time the final plat is released for recording. 2. Park Dedication shall be paid for 2 dwelling units at the rate applicable when the subdivision is released for recording. 3. Any item or condition found indicating the site is likely to yield information important to pre -history or history shall immediately be reported to the city. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 5-0. 7.4 Ordinance Amendment: Beekeeping Mr. Carlton 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 Wagner and seconded by Councilmember Olsen to adopt ordinance 18-08 amending Section 30-1 and 30-803, Animals, adding regulations specific to the keeping of honey bees. Motion carried 5-0. 7.5 2017 National Pollutant Discharge Elimination System Annual Report Mr. Wisner presented his staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. 8.1 Deerfield Hill Playground Replacement Mr. Sevcik presented his staff report. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt resolution 18-30 acknowledging the removal and donation of obsolete playground equipment. Motion carried 5-0. p 0 V F R I I et NATURE City Council Minutes May 21, 2018 Page 5 Moved by Councilmember Olsen and seconded by Councilmember Westgaard to approve the purchase and installation of the Logo Swoosh playground equipment as outlined for Deerfield Hill Park through Flagship Recreation. Motion carried 5-0. 8.2 Amendment to Advisory Group Attendance Policy Mayor Dietz indicated he is not sure he wants to include special meetings in the attendance policy. He would like staff to seek input from each advisory board and commission and bring back to the Council. Mr. Portner stated he was informed by Representative Zerwas the Lake Orono funding is included in the funding bill on the Governor's desk. Mayor Dietz thanked Representative Zerwas and Senator Kiffineyer for their hard work on this funding. Council recessed at 6:47 p.m. in order to go into work session. Council reconvened at 6:52 p.m. 9.1. Concept Review: Subdivision for Bill Christian Councilmember Wagner stated she is abstaining from discussion as Christian Builders is an active client of hers. She stepped away from Council table. Mr. Leeseberg presented the staff report. Bill Christian, explained he has been in the building business for many years and his concept is to try to create a neighborhood, not just to see how many lots can get in. He stated a large amount of homeowners are looking for a little space but not a large 2.5 acre lot. He noted he envisions landscape enhancements and architectural elements to the homes. Each home would have its own well and septic. Mayor Dietz questioned if approving this request sets precedence and if the Council will have difficulty turning down future requests for smaller lots. Attorney Beck suggested the Council look at the Comprehensive Plan to consider re - guiding some areas for one acre lots if that is their desire. He added this development is currently inconsistent with the Comprehensive Plan. Councilmember Westgaard would like to see connection with neighboring properties rather than standalone developments. He expressed concerns with one acre lots having ample room for their own well and septic with larger homes. He stated he doesn't want to end up with unbuildable lots or have residents unhappy in the future because they cannot build a deck because of the wetlands. Mr. Christian stated he just completed a development in Otsego with the same size lots and homes and it worked well. PAitl[AED er ATURE City Council Minutes May 21, 2018 Page 6 Mr. Christian indicated he is finding one acre lots are more desirable over two acres or more. Mr. Carlton explained this is the second request for small acreage lots to come before the Council but staff has fielded a number of calls regarding larger developments on smaller acreage lots. He added the developments are doing well in neighboring communities and would like to see the opportunity in Elk River but the Comprehensive Plan currently doesn't allow. Council consensus was to review the Comprehensive Plan to review possible changes to allow one acre lots in the R1A district. 9.2 Parking Violation Citations Chief Nierenhausen and Assistant City Attorney Derek Archambault explained why parking violation citations should be issued under state statute and no longer under city ordinance. It was noted the decrease in administrative staff time will make up for loss of revenue in fines. Attorney Beck indicated he supports this recommendation. He believes the reason the city went to administrative fines was because the state surcharge was too much at the time. Consensus was to bring back for formal approval. 9.3 Chamber of Commerce Building Mr. Portner presented the staff report. He explained the Chamber chose not to renew the lease with the city with the intent of moving to a new location. He stated the Chamber would like to purchase the building from the city and lease the land. Debbi Rydberg, Chamber of Commerce executive director, stated Chamber representatives were unable to find a more suitable location. She explained the Chamber must raise capital to complete the necessary improvements to the building and the Chamber Board felt it would be easier to fundraise and people would be more willing to contribute if the building was Chamber owned. Mayor Dietz questioned if there are legal issues with the Chamber owning the building and the city owning the land. Attorney Beck explained the land lease is not an issue and he will look into the rules regulating the sale of city facilities. Councilmember Wagner questioned if the Chamber has considered being located in the possible recreational facility. r0VIAEA AY NATURE City Council Minutes May 21, 2018 Page 7 David Monroy, Chair of the Chamber Board of Directors — indicated locating in the recreational facility has not been addressed. Ms. Rydberg added it would depend on where the facility is located adding there is a sense of urgency with fixing their current building in order to keep the Chamber running. Councilmember Wagner questioned if the Chamber or the city would be responsible for the parking lot. Attorney Beck indicated the parking lot would be considered part of the land and therefore the city's responsibility. Council consensus was to explore entering in to a land lease and selling the building to the Chamber. Other Chamber Executive Board members commented they are not opposed to Councilmember Wagner's suggestion about locating in the recreational facility; however, a location off of Highway 10 or Highway 169 is important. Attorney Beck will check on purchase agreement/sale requirements and lease and report back. 9.4 Rivers Edge Commons — Dock Project Mr. Sevcik presented the staff report. Discussion took place regarding issues with locating the dock downtown. Other potential areas of the river more conducive to having a dock were also discussed. Installing the dock at Babcock Park was mentioned. It was noted if the dock is installed at Babcock the city would have to plan for a trail from the park to downtown. Mayor Dietz stated Chris Carlson inquired about a dock and asked us to look into Monticello's dock system. Mayor Dietz indicated staff did a good job of researching and it appears our conditions at the river downtown are very different than those Monticello works with. Councilmember Wagner questioned if there was potential to save some money on staff time by not inspecting the dock every day. Mr. Pormer stated the League of Minnesota Cities recommends inspecting docks every day for safety reasons when open to the public. Councilmember Wagner stated she believed it would be a highly used amenity but she's not sure it's worth the cost. She questioned if grants are available to help defray the costs. Mr. Sevcik explained he is aware of grants for the purchase of fishing piers but costs associated with accessibility would be the bulk of the project costs and would be the city's responsibility. Councilmember Westgaard questioned if installing a dock at Babcock rather than downtown defeats the purpose of a dock. He stated his recollection is the purpose of FR11RII Ir NATURE City Council Minutes May 21, 2018 Page 8 the dock downtown was for people to be able to dock and walk downtown. He indicated a dock is already part of the Rivers Edge Comprehensive Plan and since we have a donor willing to assist with costs he believes the dock should be moved up as a priority for the Parks and Recreation Commission. Councilmember Ovall commented he has fished the proposed dock area and it is deep with a strong current. He indicated he is more in favor of installing a shore fishing structure. Discussion took place regarding moving the dock closer to King Avenue but Mr. Sevcik explained there are still accessibility issues. Mayor Dietz would like to share the presentation with Mr. Carlson. He asked Mr. Sevcik to send the presentation to Mr. Carlson at Sportech. 9.5 Mission Statement and Goals Discussion Mr. Portner presented the staff report. Council consensus was approval of the mission statement developed at their April 30 meeting. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:27 p.m. by Jessica Miller. Tina Allard, City P o V Fd[ Ip® r NATUR