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10-15-2018 CCMMeeting of the Elk River City Council ver Held at the Elk River City Hall Monday, October 15, 2018 Members Present: Mayor John Dietz, Councilmembers Jerry Olsen, Nate CWall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, Acting Fire Chief Aaron Surratt, Police Chief Ron Nierenhausen, Police Captain Bob Kluntz, Firefighter Steve Dittbenner, Recreation Coordinator Tim Dalton, Recreation Manager Steve Benoit, Recreation Administrative Coordinator Tonya Love, Farmer's Market/Event Coordinator Karen Wingard, and Records Specialist Katie Porath Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:05 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider October 15, 2018 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the October 15, 2018, agenda. Motion carried 5-0. 4. Consider Consent Agenda Councilmember Wagner requested Item 4.8 be removed from the consent agenda for separate consideration. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the following consent agenda with Item 4.8 removed: 4.1 September 4, 2018, Joint HRA/Council Minutes September 17, 2018, Regular Minutes 4.2 Check register, check numbers 9955-9957 and 107781-108162 as outlined in the staff report. 4.3 Hire Mark Lemen, Jr as Street Maintenance Operator II. 4.4 Adopt Ordinance 18-14 amending the definitions of Dangerous and Potentially Dangerous Dogs. City Council Minutes October 15, 2018 Page 2 4.5 Hire Ryan Sandhoefner as Engineering Technician II effective December 19, 2018. 4.6 2019 Flexible Benefits Plan. 4.7 Temporary On -Sale Liquor License to Aegir Brewing Co. for November 3, 2018. 4.8 Removed. 4.9 Pay estimates as detailed in the staff report. 4.10 Accept two outlots within the Miske Meadows subdivision for use as stormwater ponds. 4.11 Adopt Resolution 18-57 authorizing execution of a grant agreement between the City of Elk River Police Department and the Minnesota Department of Public Safety. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 18-58 approving the Final Plat of Monroe Estates with the following conditions: 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Surface Water Management Impact Fee (rural) shall be paid for 16 lots at the rate applicable at the time the final plat is released for recording. 3. Park Dedication (low density) shall be paid for 16 dwelling units at the rate applicable when the subdivision is released for recording. 4. A Letter of Credit shall be provided to the city for 100% of the costs of the public improvements. 5. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the city engineer must be secured. 6. Development Plan shall be approved by the city engineer prior to issuance of building permits. 7. 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 authorizing in its approval until the site is appropriately investigated and work is authorized. Approve the grading permit for Monroe Estates with the following conditions: 1. Staff approval of all grading and erosion control plans. 2. An approved NPDES permit is required prior to any grading commencing. 3. No grading can impact any wetlands, wetland buffers, or wetland buffer setbacks until a formal Wetland Conservation Act decision is issued for the proposed wetland impacts. Motion carried 4-0. Councilmember Wagner abstained. S. Open Forum No one appeared for Open Forum. P0Vt0E0 01 NATURE City Council Minutes Page 3 October 15, 2018 6.1 Lifesaving Award Police Chief Nierenhausen presented the staff report. Steve Dittbenner spoke on behalf of the Elk River Fire Department. Judy Greenwaldt, Elk River resident, presented the awards to Officer Kevin Heldt, Officer Brandon Martin, Medic Don Schulte, EMT Terry Elliott, and EMT Owen Decathelineau and thanked them for saving her life. 6.2 Volunteer of the Month Mayor Dietz introduced and presented a plaque to Lane Kondrak as the Volunteer of the Month Award for October. He noted many accomplishments including: • Led Junior Great Books reading program at Parker Elementary School. • Coached Destination Imagination groups. • Worked on fundraising activities for Park School PTO. ■ Volunteered at several all-night senior graduation parties. • Five plus year volunteer for CAER food shelf. ■ Member of fundraising and CAER Golf Classic committees. • Coordinates outreach program between CAER and Open Doors for Youth. ■ Event planner and fundraiser for Spectrum High School. ■ Fundraiser for Big Lake girl's tennis program. 6.3 Sherburne County Soil and Water Conservation District Report: 2018 Elk River Watershed Activities Mr. Carlton presented the staff report and introduced Dan Cibulka, Water Resource Specialist with the Sherburne Soil and Water Conservation District. Mr. Cibulka outlined Sherburne County Watershed activities throughout the past year. Mayor Dietz asked what the city could do so that Lake Orono does not have to be dredged every 20 years. Mr. Cibulka responded it was inevitable the lake would have to be dredged since the river is carrying sediment into it. The only option would be to increase the amount of time between dredging. 6.4 Recognition for 30 Years of Service: Police Chief Ron Nierenhausen Police Captain Klutz presented the staff report. The Mayor presented a plaque to Police Chief Nierenhausen in honor of 30 years of service. 6.5 Oath of Office: Nicholas Madsen Acting Fire Chief Surratt presented the staff report. Mayor Dietz administered the oath of office to Firefighter Nick Madsen. 6.6 Local Option Sales Tax Presentation P0VFIEI Ir NATURE City Council Minutes Page 4 October 15, 2018 Mr. Pormer presented the staff report. Mayor Dietz asked about the length of the sales tax being 25 years. Mr. Pormer explained there would be a 25-year length of time for payment of the bonds. Mayor Dietz asked about repaying the amount earlier than the timeframe projected or, if the economy should fail, is there cap on the number of years to repay it. Mr. pointer said he would have to look into if the timeframe can be extended and let the council know. He added that during the University of Minnesota study they did not account for online sales taxes which may increase the amount of revenue and repay the amount faster. Mayor Dietz asked about the distribution of printed literature. Mr. Portner responded staff and our consultant are working on the mailer and the communications consultant recommends having them go out close to Election Day. Mayor Dietz expressed concern that there were some issues with mailings reaching households for the May 2018 listening sessions due to incorrect addresses. 7.1 Conditional Use Permit: Cheapest Cars Ever, LLC Mr. Leeseberg presented the staff report. He provided a handout with responses from the applicant as well as revised conditions. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Wagner asked if the applicant has seen the updated conditions. Ahmed Habeeb, owner of Cheapest Cars Ever, LLC, responded that he had seen the additional condition and agreed with them. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve Conditional Use Permit CU 18-16 with following conditions to satisfy the standards set forth in Section 30-654, as amended: 1. The number of motor vehicle sales dealers shall be limited to one (1). 2. No more than 10 for sale vehicles may be displayed on the subject property. 3. The building shall provide all proper exhaust and venting as required by the building code. 4. The applicant and/or property owner must apply for all required building and electrical permits (such as for paint booths) before any associated activities can occur. 5. The city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 6. Sound attenuation shall be installed to mitigate noise to neighboring tenants. PortRII It NATURE City Council Minutes October 15, 2018 Page 5 7. All motor vehicle repairs or finishing shall occur inside the building. 8. Exterior doors shall be closed while any motor vehicle repair or finishing occurs. 9. All outdoor storage of damaged or inoperable vehicles shall comply with Section 30-807. 10. No more than five (5) damaged or inoperable vehicles shall be stored in the outdoor storage area. 11. No outdoor storage of damaged or inoperable vehicles shall be allowed until the required screening is installed. 12. Paints, chemicals, or other hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 13. The applicant and/or property owner shall ensure vehicles stored on the parking lot do not leak fuels or other hazardous materials into the stormwater pond to the west of the parking lot. 14. Parking stalls shall be striped in accordance with City Ordinance, Section 30- 892 Motion passed 5-0. 7.2 Simple Plat: Mississippi Oaks Development Corp, Outlot A, Mississippi Oaks Mr. Carlton presented the staff report. Mayor Dietz asked if the monument would be removed. Mr. Carlton said it would be up to whomever purchased the lot and it was not a requirement that it be kept. Councilmember Olsen asked if there was a Home Owners Association (BOA). Mr. Carlton responded there was not. Mayor Dietz opened the public hearing. Karry Baker, 13158180' Lane, bought the property as an investment. She felt the monument makes it look more distinct. Mr. Carlton clarified there was no HOA for the maintenance of this lot specifically. Mayor Dietz closed the public hearing. Councilmember Westgaard indicated he was sensitive to Ms. Baker's concerns but the property owner has obtained a variance to make it a buildable lot. Councilmember Wagner agreed there was not much the council could do to prohibit the property owner seeking the plat. The only consideration for the lot would be the location of a deck or patio according to the setback requirements. Councilmember Olsen asked if the property had been sold recently. NATURE City Council Minutes October 15, 2018 Page 6 Gwen Smith, owner of the property, responded the property had not been sold and that keeping the monument could be a point of sale and she would like to see the monument remain. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the final plat of Mississippi Oaks Fourth Addition with the following conditions: 1. Surface Water Management Impact Fee (urban) shall be paid for one (1) lot at the rate applicable at the time the final plat is released for recording. 2. Park Dedication (low density) shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is release for recording. 3. The developer portion of the Water Availability Charge (WAC) shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is released for recording. 4. The parcel must connect to city services (sewer and water). 5. Variance Case No. V 18-08 shall be recorded at the same time the plat is recorded. Motion passed 5-0. 7.3 River Walk Apartments — Right-of-way Vacation: Zane Street IM 'en9` Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Dan Anderson, 633 Upland Ave, spoke as a representative of the Briggs Company. Mr. Anderson had met with Mr. Carlton to discuss concerns. Since that meeting, he had come up with a different plan which would provide for more opportunities and a better use of the bluff. The engineers the Briggs Company are working with are currently finalizing the new plan but it has not been completed. Mayor Dietz asked Mr. Beck if the Briggs Company should withdraw the plans. Mr. Beck recommended withdrawing the current plans. Mr. Anderson expressed a desire to amend the current plans. Mr. Beck clarified it would be a challenge procedurally to amend the current plans because of the 120-day timeframe. The process would need to be completed within the 120 days. Mayor Dietz asked if the applicant could request a longer period of time. Staff and the applicant reached a consensus that a revised date of February 20, 2019, could be requested by the applicant in writing. Mayor Dietz closed the public hearing. P U 1 r 8 1 1 e r NATURE City Council Minutes October 15, 2018 Page 7 Mr. Beck recommended proceeding with making motions on the items on the current agenda. Moved by Councihnember Westgaard and seconded by Councilmember Olsen to direct the preparation of Finding of Fact denying the request to vacate a portion of the Zane Street Right -of -Way as there is no benefit to the public and does not comply with city ordinances. Motion passed 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to direct the preparation of Finding of Fact denying the request for a Simple Plat as standards 1, 4, 6, and 7 are not met with the current application. Motion passed 5-0. Moved by Councihnember Westgaard and seconded by Councilmember Olsen to continue the public hearing for a Zone Change and a Conditional Use (CUP) to the November 19, 2018, Council meeting as the Planning Commission has not made a recommendation regarding this item. Motion passed 5-0. 8.1 Discuss Work Session Items Mr. Portner presented the staff report. Mayor Dietz asked Mr. Portner to address the school district about lining the tennis courts so they can also be used for pickle ball. Initially they were opposed to the idea, but he would like to revisit it. Council recessed at 7:33 p.m. in order to go into work session. Council reconvened at 7:39 p.m. 9.1 Concept Review: Subdivision for Priscilla Ondracek Mr. Carlton presented the staff report. Mayor Dietz asked if a variance would have to be created to support 65-foot lots. Councilmember Westgaard asked if the entire city -owned property would be transferred or sold or if it would just be the portions in front of the lots. Mr. Beck recommended selling the entire piece. Mr. Carlton clarified the strip was 15 feet at the narrowest. Councilmember Olsen was concerned with the need for a trail. Councilmember Wagner mentioned there are sidewalks on the east side of Tyler Street. Mayor Dietz asked if this was setting precedence for future lots wanted to be 65 feet. Mr. Beck stated there was adequate Right of Way without the 15 feet. N A,TURE City Council Minutes October 15, 2018 Page 8 Councilmember Wagner is familiar with the area in question and believes there may be significant resident feedback if they proceed. Mayor Dietz asked, if the standard -size lots maintained how many homes would fit. Mr. Carlton estimated four homes would likely fit rather than the proposed six. Councilmember Westgaard mentioned that the 65-foot size was consistent with lot sizes in the neighborhood. He was in favor of selling the city -owned property. The council was in favor of allowing the applicant to proceed with the plan. 9.2 Elk RiverFest Proposal for 2019 Mr. Hecker presented the staff report. City staff members Karen Wingard, Tonya Love, Tim Dalton, and Steve Benoit were in attendance. Mayor Dietz asked if Elk RiverFest would continue to be held the first Saturday of July. He also wondered if the fireworks should be held the night of the event or moved to Independence Day. If the fireworks are held in conjunction with Elk RiverFest, the fireworks date needs increased publicity. Mr. Hecker said other departments had also weighed in on the site plan. Councilmember Olsen stated the new proposed layout made sense. He added that people appreciated having fireworks on both Independence Day as well as the event date. He asked if any formal surveying of the community and vendors had occurred after the 2018 event. Ms. Wingard spoke with craft and food vendors. Obviously, there were space constraints in 2018 that would be alleviated if the 2019 plan was approved. Mr. Benoit added there had been some complaints about lack of water, especially considering the hot weather. Elk River Municipal Utilities mentioned they could provide a temporary water station. Mayor Dietz asked if food vendors had been informed. Ms. Wingard stated some food vendors have already reached out hoping to lock in a date for their 2019 schedules. Mayor Dietz spoke with a representative from the Elk River Ambassadors wondering if they could hold their coronation before the Elk River Fest concert. He also asked if the hope was to eventually have other organizations sponsor or co-sponsor the event. r0wtet0 er INATUREI City Council Minutes October 15, 2018 Page 9 Ms. Wingard said to sustain a community event community groups need to collaborate. Community groups also serve as advertising for the event. The goal is to have Elk RiverFest be city driven but have collaboration from different organizations. Mr. Benoit added, for example, maybe an organization takes over one of the events such as the slow bike race or sponsors different elements. Councilmember Wagner agreed that the new set up makes a lot of sense. She does not have a preference on the night the fireworks are held but wonders if residents or the police have a preference. She clarified the goal is to break even and not make money on the event. Mr. Benoit mentioned that, since they have more time to plan the 2019 event, they have come up with sponsorship levels. Mr. Dalton added there are already people coming to them wanting to get on board. Mayor Dietz stated if the event eventually made money, the surplus would be set aside for future events. Ideally, future events would eventually cover the cost of the fireworks as well. Mr. Hecker mentioned it was easier for the fireworks vendor to find staff to work after the 4th of July. Councilmember Ovall stated he liked the layout of the event and how it flows. Mr. Hecker mentioned that the layout was based on feedback from staff. Council consensus was for the event to be held the first Saturday in July. Councilmember Olsen heard positive comments from people who do not typically attend the Thursday night concerts. Councilmember Wagner said they may want to consider shuttles in the future to cut down on parking concerns. Mayor Dietz asked if there was a backup plan if it rains. Mr. Hecker responded there would be a rain out date for the fireworks. The band could use the school auditorium. Councilmember Westgaard recommended developing a contingency plan in case of inclement weather. Councilmember Wagner added Parks and Recreation had done a great job planning the 2018 event considering the short time frame. 9.3 Student of the Month Program Mr. Portner presented the staff report. Councilmember Wagner had introduced the idea of starting a Student of the Month program similar to the Volunteer of the Month recognized NATURE City Council Minutes October 15, 2018 Page 10 by the council and staff is looking for direction on when it should be implemented and what it would entail. Councilmember Wagner felt it is important to recognize youth and that, by doing so it could have a positive impact on the future of Elk River. She felt student leadership and significant achievements should be part of the recognition. Mayor Dietz asked if the Independent School District (ISD) 728 currently recognizes student accomplishments. Mayor Dietz thinks it could be a good idea. Perhaps a certificate and focus more on students who are interested in government. Councilmember Wagner agreed it may be a good way to get students interested in local government and they may become more invested in their community. She will talk to ISD 728. Mayor Dietz asked if there was an age limit on boards and commission. There is currently no age limit but school age children typically have busy schedules that prevent them from attending regular meetings. Mayor Dietz asked Councilmember Wagner to return to the council with additional information on starting a Student of the Month program. Councilmember ON -all asked what the process would be. Would it involve people applying or be at the discretion of the council or school board? How much effort would go into the program? What would the criteria be? He believes there is currently a competitive market for acknowledgement. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:39 p.m. Minutes prepared by Katie Porath. Tina Allard, City Clerk raIIaII I I ATURE