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09-17-2018 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, September 17, 2018 Members Present: Mayor John Dietz, Councilmembers Jerry Olsen, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Pormer, City Attorney Peter Beck, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Economic Development Director Amanda Othoudt, Economic Development Assistant Colleen Eddy, Cable Coordinator Jake Pace, Human Resource Manager Lauren Wipper, Chief of Police Ron Nierenhausen, Special Services Sergeant Dan Block, and Deputy 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider September 17, 2018, Agenda Moved by Councihnember Westgaard and seconded by Councilmember Olsen to approve the September 17, 2018, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 September 4, 2018, minutes. 4.2 Check register, check numbers 107597-107780 as outlined in the staff report. 4.3 Temporary On -Sale Liquor License — American Legion for October 7, 2018, with the following conditions: 1. Alcohol must be confined to an area enclosed by a fence with a secured, controlled access. 2. Wrist band control is required for patrons 21 and over. 3. No one under 21 years of age is allowed in the alcohol area. City Council Minutes Page 2 September 17, 2018 ----------------------------- 4.4 Concrete quote received by Schmidt Curb Co. in the amount of $43,624.40 for the concrete construction on the 6 t/2 Street and Quinn Avenue improvements. 4.5 Pay estimates as outlined in the staff report. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Volunteer of the Month Mayor Dietz presented the September Volunteer of the Month award to John and Bonnie Enstrom. He highlighted the following: • Hosts annual Veteran's picnic at his Veteran's Lake facility • Hosts Flag Day and Boy Scout Merit Day ■ Former Sons of the Legion Commander • Member of the Ramsey Environmental Policy Board • Member of the Minnesota Woodworker's Association • Member of the Minnesota Dahlia Society • Yellow Ribbon Board member in Elk River and Big Lake ■ CAER volunteers • Received two Congressional Medals of Honor for citizenship 6.2 Safe Roads Grant Special Services Sergeant Block presented the staff report. Cody Vojacek, Safe Roads Grant Coordinator, and Roxanne Schreder, Sherburne County Sheriff's Office, presented information on the Safe Roads Grant and Towards Zero Death. They outlined the partnership between the two programs and how the programs benefit the citizens in Sherburne County. 6.3 On the Job Videos Mr. Pace presented the staff report. The Council randomly drew the following job assignments out of a bowl: Mayor — code enforcement Councilmember Olsen — wetland delineation Councilmember Westgaard — park maintenance Councilmember Ovall — wastewater Councilmember Wagner - arena I A t E A E ADB I NATU/! City Council Minutes September 17, 2018 Page 3 Councilmembers Olsen and Westgaard switched jobs so Councilmember Olsen will be doing the park maintenance and Councilmember Westgaard will be doing the wetland delineation. Mr. Pace indicated staff will contact the Councilmembers. 6.4 Proclamation: Constitution Week Mayor Dietz read the proclamation. He presented it to Daughters of the American Revolution member Marilyn Schroeder. Moved by Councilmember Westgaard and seconded by Councihnember Wagner to proclaim September 17 — 23, 2018, as Constitution Week. Motion carried 5-0. 6.5 Proclamation: Minnesota Manufacturer's Week Mayor Dietz read the proclamation. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to proclaim October 1— 7, 2018, as Minnesota Manufacturer's Week. Motion carried 5-0. 6.6 Proclamation: Elk River Area Chamber of Commerce 50' Anniversary Mayor Dietz read the proclamation. He presented it to Chamber of Commerce Executive Director Debbi Rydberg. Moved by Councilmember Olsen and seconded by Councilmember Ovall to proclaim September 26, 2018, as Elk River Area Chamber of Commerce Day. Motion carried 5-0. 7.1 Monroe Estates, Monroe Street and 221't Avenue NW A. Zone Change from R- I A to Planned Unit Development B. Conditional Use Permit to Establish a Planned Unit Development C. Preliminary Plat of Monroe Estates Councilmember Wagner abstained from discussion due to a conflict of interest. She stepped down from the Council dais. Mr. Leeseberg presented the staff reports for all three items. Mayor Dietz opened the public hearings for all three items. POWEREI et NATURE City Council Minutes September 17, 2018 Page 4 Christopher Scheff, 10396 221` Ave NW, purchased his land in 2013 and was told by a police sergeant at that time that if the area around him was developed he may lose the ability to gun hunt on his property. He is in favor of keeping the development at 2.5 acres to minimize the effect on the neighbors. Mayor Dietz asked if the blue area on the hunting map exhibit is all Mr. Schefis land. Mr. Scheff indicated only a portion of his land is included in the affected area. He noted it may not affect his hunting but may affect his neighbors. Angela Jensen, 10123 221st Ave NW, stated the area has a lot of wetlands and wildlife and fears that will be lost if the area is developed. She asked the Council to require the developer to plant trees to buffer her property from the development. Mr. Leeseberg indicated the developer is not required to plant trees beyond the ordinance requirements but the Council has some discretion because the request is for a Planned Unit Development. There being no one else to speak on these issues, Mayor Dietz closed the public hearings. Zone Change Councilmember Westgaard responded to Mr. Scheff's comments. He indicated the 500 -foot setback for the hunting area will be in place regardless if the lots are developed as 1.5 or 2.5 acres. He noted the area will likely face additional hunting restrictions as more people in the area develop. Councilmember Westgaard stated it is his understanding 221" Avenue is a future arterial to Highway 169 and the county may wish to limit access points. He questioned if Sherburne County reviewed this item, specifically the proposed cul-de- sac on Street A Qohnson Street). Mr. Leeseberg indicated the county reviews all plat requests and had no comments on this request. Bill Christian, applicant, explained his goal in using the cul-de-sacs was to keep as much distance as possible from surrounding properties. Councilmember Westgaard indicated he would like to see Street A Qohnson Street) as a through street for future connections. Mayor Dietz concurred. Councilmember Oval] questioned if emergency services would be able to turn around if Street A Qohnson Street) is constructed as a through street but not connected yet. Mr. Leeseberg indicated it would be a temporary cul-de-sac until connection. Mayor Dietz stated he understands Ms. Jensen's concerns but the developer owns the property and has a right to develop it. P01EOEO 1Y NATURE City Council Minutes September 17, 2018 Page 5 Moved by Councihnember Westgaard and seconded by Councihnember Olsen to adopt Ordinance 18-13 to rezone certain property from Single Family Residential (Rla) to Planned Unit Development with the following conditions: 1. The Conditional Use Permit establishing a PUD must be approved by the City Council. 2. A PUD Agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 4-0. Councilmember Wagner abstained. Conditional Use Permit Councilmember Olsen indicated he feels the current requirement for two trees per lot is sufficient. Councilmember Westgaard agreed the developer has worked to create a buffer but he urged Mr. Christian to work with the neighbor to create more of a buffer if possible. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve a Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. A PUD Agreement shall be developed and signed by both parties prior to the recording of the play and issuance of any building permits. 2. Approval of a concept plan pursuant to the procedure set forth in 30- 1564. Motion carried 4-0. Councilmember Wagner abstained. Preliminary Plat Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the Preliminary Plat for Monroe Estates with the condition the plat is updated to reflect comments in the email dated September 11, 2018. Motion carried 4-0. Councilmember Wagner abstained. 7.2 Conditional Use Permit: Private Kennel at 13490 214"' Lane NW 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 Olsen and seconded by Councilmember Westgaard to approve the Conditional Use Permit for a Private Kennel at 13490 214" Lane NW, with the following conditions: ►0Ntltl It Ifr1ATURIE City Council Minutes September 17, 2018 Page 6 1. The private kennel shall be limited to nine (9) animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. The removal of animal waste shall comply with Section 10-9. All on-site waste shall be picked up and properly disposed of daily. 3. All dog waste shall be cleaned up immediately when dogs are off of the subject property. 4. The applicant shall receive a private kennel license from the city. 5. All animals must be licensed and vaccinated in accordance with city ordinances. 6. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of a dangerous or potentially dangerous dog shall be grounds for revocation of the permit. 7. No more than six (6) animal units shall be allowed outdoors at one time. Motion carried 5-0. 7.3 River Walk Apartments — 17354 Zane Street KW A. Right-of-way Vacation: Zane Street Vil'FtJ` B. Simple Plat: River Walk C. Zone Change: FAST (The Point) to PUD D. Conditional Use Permit to Establish a Planned Unit Development Mr. Carlton indicated the applicant met with staff and asked for this item to be continued until October 15, 2018, in order to submit revised plans. Mayor Dietz opened the public hearings. Dan Anderson, Briggs Companies, indicated they had good conversation with staff and want to revise their proposal. Councilmember Ovall questioned if Mr. Briggs had any comments about the DNR conditions. Pat Briggs, Briggs Companies, indicated he reviewed the DNR conditions with his engineer and there were no issues. Mr. Briggs distributed handouts of police reports from the Saxon site. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to continue the River Walk public hearings to October 15. Motion carried 5-0. 8.1 Economic Development Authority and Housing Redevelopment Authority Tax Levies POWERII Ir NATURE City Council Minutes Page 7 September 17, 2018 Ms. Othoudt presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt resolution 18-54 authorizing the preliminary Economic Development Authority tax levy. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt resolution 18-55 authorizing the preliminary Housing and Redevelopment Authority tax levy. Motion carried 5-0. 8.2 Set Budget Meeting Date and Adopt 2019 Tax Levy Ms. Ziemer presented her staff report. Mayor Dietz clarified 6.9% General Fund budget increase is due to the recognition of certain state aid/grant expenditures and offsetting revenues and is really only a 5.3% increase when compared with 2018. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt resolution 18-56 authorizing the proposed property tax levy for collection in 2019. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Olsen to set the budget meeting for December 3, 2018, at 6:30 p.m. at which public comment will be taken. Motion carried 5-0. 8.3 Fire Chief Position Description Ms. Wipper presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the fire chief position description as presented. Motion carried 5-0. 8.4 Chief Cunningham Compensation Mr. Pormer presented the staff report. Mayor Dietz stated he would be willing to compensate former Chief Cunningham $6,318 because documentation and analysis can support that amount as outlined in Mr. Pormer's memo dated July 16, 2018. The Council concurred. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve an addendum to former Fire Chief John Cunningham's separation agreement with $6,318.00 in back pay. Motion carried 5-0. Council recessed at 7:38 p.m. in order to go into work session. Council reconvened I0VIRII II rIATURE City Council Minutes Page 8 September 17, 2018 at 7:46 p.m. 9.1 Review and Revise Current Dangerous and Potentially Dangerous Dogs City Ordinance Chief Nierenhausen presented the staff report. He explained the city's ordinance is more restrictive about proper enclosures than state statute. He reviewed the proper enclosure requirements outlined in the city code. Chief Nierenhausen indicated the city has a current dangerous dog situation and the owner has a wooden fence but according to ordinance the fence would not be considered a proper enclosure for the dangerous dog. He stated city prosecutor Attorney Scott Baumgartner agrees with changes to the ordinance to mirror state statute as it will give the Police Department flexibility to review each case and make sure to provide for citizen safety. The Council concurred with the change. Chief Nierenhausen will bring it back for formal approval. 9.2 Saxon Property Concept Review Mr. Carlton presented the staff report. The Council concurred with the Planning Commission's comments by not supporting a proposal to establish a mini -storage facility as the FAST study guides the property to high-density residential uses. The Council also expressed interest in the site by utilizing the close proximity to the river and trails. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:03 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk ►It1III Ir NATURE