Loading...
5.1. DRAFT MINUTES (1 SET) 01-07-2019 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, December 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 Portner, City Attorney Peter Beck, City Clerk Tina Allard, Planning Manager Zack Carlton,Senior Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, and Deputy Clerk Jessica Miller 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. .; 3. Consider December 17, 2018, Agend' ift Moved by Councilmember Westgaard and seco'nde'd by Councilmember Olsen to approve the December 17, 2018, agenda. Motion carried 5-0. 4. Consider Consent Agend 44kb�l Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 Minutes ■ December 3, 2018, Regular ■ December 3, 2018, Closed 4.2 Check register, check numbers 9962 and 108680-108861 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 2019 City Council meeting calendar. 4.5 Agreement 18-14 Clean Energy Choice Participation Agreement for 2019. 4.6 Resolution 18-69 designating polling locations for 2019. 4.7 Resolution 18-70 supporting the bank refinancing for the Boys and Girls Club of the North Star—Elk River Branch. 4.8 Communications coordinator position description. 4.9 Acceptance of public improvements for Eagles Marsh Third Addition. City Council Minutes Page 2 December 17,2018 ----------------------------- 4.10 Resolution 18-71 authorizing application for federal grant funding for a portion of the Twin Lakes Road and Yale Street Extension project. 4.11 Resolution 18-72 approving the 2019 Compensation Plan for Non- organized employees. 4.12 Temporary On-Sale Liquor License for the Elk River Lions Club for Shiver Elk River. 4.13 Demolition of the Lion John Weicht Park band shall in preparation for park improvements. 4.14 Hire Jacquelyn Mitchell as part-time office assistant at the maintenance facility effective January 2, 2019. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Volunteer of the Month Mayor Dietz presented the December Volunteer of the Month award to Eloise Miller. He highlighted the following: ■ Active member of Elk River RSVP ■ Member of Guardian Angels GALA Committee ■ Volunteer for Elk River United Way ■ Chair of Pullman Place Marketing Committee,Pullman Place Book Club ■ Serves communion most Sundays at Zion Lutheran Church ■ Tour guide for Elk River Activity Center ■ Organizes reunion lunches for Anoka High School class of 1953 ■ Board member of Anoka Hennepin Retired Teacher Organization ■ MN State Health Educator of the Year in 1991 ■ National Health Education of the Year in 1992 ■ REAM Pioneer Educator Award for outstanding community service and leadership 1999 6.2 Councilmember Jerry Olsen Recognition Mayor Dietz read and presented a plaque to Councilmember Olsen recognizing his service as Councilmember. Councilmember Olsen thanked fellow Councilmembers and staff. 7.1. 2019 Master Fee Schedule Ms. Allard presented the staff report. UREJ City Council Minutes Page 3 December 17,2018 ----------------------------- 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 adopt Ordinance 18-17 the 2019 Master Fee Schedule. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt Resolution 18-73 allowing for the summary publication of Ordinance 18-17. Motion carried 5-0. 7.2 Conditional Use Permit: Home Occupation Permit to Operate an Electrical Contracting Company-John Anderson, 10215 Twin Lakes Road 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 Wagner to approve a Conditional Use Permit authorizing establishment of a Home Occupation at 10215 Twin Lakes Road with the following conditions to satisfy the standards set forth in Section 30-654: 1. Employee parking shall be either on the north,west, or east side of the pole building. If on the east side of the building, the parking area shall be screened with six foot tall, 100% opaque wooden or vinyl fence. 2. Coniferous trees, at least six feet tall, shall be planted in a manner to screen the parking area and the outdoor storage area from the neighbors to the south. 3. The hours of operation shall be limited to 7:00 a.m. to 5:30 p.m. 4. With the exception of picking up materials, no more than six employees shall be on site. 5. The outdoor storage area shall be screened with six foot tall, 100% opaque fencing. 6. One sign, freestanding or wall, not to exceed 16 square feet shall be allowed. Motion carried 5-0. 7.3 Interim Use Permit: Temporary Parking Lot, DR Horton, 18970 Edison Street NW 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. NATUREI City Council Minutes Page 4 December 17,2018 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the Interim Use Permit (IUP) for a temporary parking lot at 18790 Edison St NW with the following conditions: 1. The IUP will expire on December 17, 2021. 2. The parking area must be removed and vegetation re-established prior to expiration of the IUP. 3. Upon removal of the parking area the base materials must be removed and the soils must be de-compacted in order to maintain compliance with approved stormwater plans. Motion carried 5-0. 7.4. Conditional Use Permit: Institutional Use, ResCare MN - 633 Upland Ave Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Patrick Kelly, attorney from Kelly and Lemmons,P.A., representing the applicant. Mr. Kelly stated ResCare has no issues with the proposed conditions. He explained ResCare's role is to provide a transitional facility for patients to return to the community after receiving hospital treatment for mental illness. He responded to the Police Department's concern about the facility being located in a residential area by pointing out many of ResCare's facilities are located in residential areas with no problems. He added staff is medically trained and in the rare event emergency services are required, they would be contacted as they would for any other resident in the area. He stated there are multiple people in the audience to answer questions on behalf of ResCare. Christina Monson, 1745 Tipton Circle NW, expressed concern for neighborhood safety and questioned selection criteria for the facility. She added she did not receive notice of the hearing. Mr. Carlton indicated public hearing notices were mailed to all property owners within 350 feet of the proposed property per state requirements. Thomas Alf, 4440 Beard Avenue N.,Robbinsdale, representing ResCare, explained their mission is to serve people with serious mental illness. Donna Schierschmidt, 1733 Tipton Circle, stated she was a psychiatric homecare nurse for years and her heart goes out to people with mental illness but she doesn't feel this facility will be a good fit in a residential neighborhood. Randi Bentz, 578 Tipton Avenue NW, expressed concern for the safety of her children. UREJ City Council Minutes Page 5 December 17,2018 ----------------------------- Michael Chopskie, 1757 Tipton Circle NW,is against the facility being located in a residential neighborhood. Jason Vahlenkamp, 1738 Tipton Circle NW, handed out a binder of allegations against ResCare and outlined some of the articles in the binder. Andrew David, 551 Tipton Avenue NW, agrees with his neighbors and believes more due diligence is needed on this project. Robert Owens, 1790 Tipton Avenue NW, found multiple properties in Sherburne County that would meet the company's requirements. He stated the facility should not be in a residential neighborhood. He expressed concern over reduced real estate values and the safety of emergency personnel. Mr. Owens added many of his neighbors did not receive notice of the meeting. Councilmember Ovall questioned the public hearing notification process. Mr. Carlton confirmed notices were mailed to all property owners within 350 feet of the facility. Attorney Beck noted this is a standard state requirement. Judy Jorgenson, 1634 Main Street NW, expressed concern for the safety of her grandson living on Tipton and the safety of all children in the neighborhood. Melissa Larson, 1720 5"' Street NW, agrees with concerns expressed by her neighbors. She indicated the road already has a lot of traffic and adding this facility would impact children walking to and from their bus stops. John Schierschmidt, 1733 Tipton Circle NW, stated nothing but problems come out of these types of facilities. He questioned if this is already a done deal as it appears work is already taking place at the facility. Mr. Carlton indicated nothing has been approved yet and he was unaware of what work is taking place on the property. Janet Nelson, 577 Tipton Avenue NW, expressed concerns for safety with residents of the facility being able to come and go as they please. Brad Thiel, 12600 195"' Court NW, also a member of the Planning Commission,is in support of this project as a tax payer and an active citizen. He explained he feels this facility is a good fit for this location and is a needed service in Sherburne County. He noted just because someone has mental illness doesn't mean they are a danger to the community. Tammy Jorgenson, 1790 Tipton Circle NW,indicated notices should have been sent further than 350 feet due to the nature of the issue. She believes another location would be better suited for this facility. Mr. Kelly explained the facility is zoned properly for this type of use and he feels the facility would be a benefit for the community. He stated ResCare is a professional POWERED 9r UREI City Council Minutes Page 6 December 17,2018 ----------------------------- organization which can be verified with other municipalities in which ResCare facilities are located. Chris Jacobson,healthcare real estate advisor for CBRE, explained this type of facility is unique in that without it people go straight back in to the community without transition. He further explained a residential area is ideal for this facility. He stated he has been searching for a property in Sherburne County for years and has already vetted many of the properties the residents mentioned this evening. He stated ResCare feels this location is perfect as it provides a residential setting while still allowing residents to obtain the other services they need. Al Nadeau, 511 Tipton Avenue,questioned if residents of the facility would have felonies or gross misdemeanors. Melissa Whittaker, Richfield,works at residential facility, believes this is a good location for this facility. She explained she works with people with mental illness on medication management,housing, and as case manager and none have been felons. She further explained many times the residents are grateful for the experience. There being no one else to speak to this issue,Mayor Dietz closed the public hearing. Mayor Dietz questioned if residents of the facility will be Elk River residents. Mary Jo Cobb, Sherburne County Director Health and Human Services, explained county residents are currently being sent long distances to receive this type of assistance which doesn't allow patients to get well in their own community. She stated the mental health supervisors she deals with are happy with the care ResCare provides and feel this would be a benefit to the community. Councilmember Westgaard indicated he would like additional input from the police and fire departments on their concerns. Mr. Carlton stated he will get this information to Council. Councilmember Olsen questioned recourse for the city if a conditional use permit is approved and issues come up. Attorney Beck indicated a conditional use permit is only valid as long as the conditions are adhered to and the Council could begin a revocation proceeding if conditions are violated. Councilmember Wagner addressed comments made about this project bringing Elk River money. She explained this is not a city initiative and the only money the city receives from this is the property taxes that are already being paid. Councilmember Wagner questioned if there is a curfew for the residents of the facility. Mr.Alf explained there is a curfew and patients are made aware of the expectations when they arrive. UREJ City Council Minutes Page 7 December 17,2018 ----------------------------- Mayor Dietz questioned if patients can be out all day. Mr.Alf explained they can come and go as they please but they must fulfill treatment requirements in order to remain at the facility. Councilmember Wagner indicated she doesn't feel she has enough information to move forward with a decision and would like to continue this item. Councilmember Olsen asked if street lights could be installed in this area. Mayor Dietz indicated it is already on his list to ask Elk River Municipal Utilities. Councilmember Westgaard agreed there is not enough information to approve or deny this request this evening. He shared some comments: ■ He is not convinced the applicant met the criteria of#1 (safety). ■ He understands no one wants this in their neighborhood but there is a need for this facility in our community. He added this is not about money but rather about whether the facility fits with the zoning and if the criteria of a conditional use permit can be met. ■ He would like transparency from the applicant on criteria for the patient selection process. ■ He doesn't want to work off extremes. He stated anybody can walk around a neighborhood and smoke and it isn't clear to him why this is an issue in this case. Councilmember Westgaard explained the city has control over conditions for the conditional use permit so he would like to make sure all applicable conditions are listed. He noted if this request is denied someone else could purchase the property and if a conditional use permit is not required the city has no control over what becomes of the property. He added most people with mental illness who need help are not a threat. Attorney Beck explained the city can statutorily continue this item for 60 days. Councilmember Wagner asked for it to be added to the January 7 work session. Attorney Beck indicated it may be difficult to pull the necessary information together by January 7 and suggested January 22. Council consensus was for Mr. Carlton to send the applicant a letter notifying them of the continuation of this item to January 22, 2019. The residents in attendance were informed of the continuation. Attorney Beck informed residents they may submit written comments to become part of the Council review. He stated comments must be submitted to the Planning Department within the next week or two. Councilmember Wagner explained to the residents the public hearing has been closed and the item is now for Council consideration. Councilmember Ovall thanked residents for attending. UREJ City Council Minutes Page 8 December 17,2018 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen directing staff to send the applicant a letter extending the review period an additional 60 days and continuing Council discussion on this item until January 22, 2019. Motion carried 5-0. Councilmember Wagner noted she would also like to discuss the public hearing notice requirements. 7.5 River Walk Apartments - 17354 Zane Street NW A. Right-of-Way Vacation: Zane Street NW B. Simple Plat: River Walk 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 Westgaard and seconded by Councilmember Wagner to continue the request to vacate a portion of the Zane Street Right- of-Way to the January 22, 2019, City Council meeting. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to continue the request for approval of a Simple Plat to the January 22, 2019, City Council meeting. Motion carried 5-0. 8. General Business There was no general business. Council recessed at 7:59 p.m. in order to go into work session. Council reconvened at 8:00 p.m. 9.1 Multi-Purpose Facility Project Timing Discussion Mr. Portner presented the staff report. He distributed a handout outlining three options. Councilmember Ovall questioned if the options have been shared with the district superintendent. Mr. Portner stated he shared the information with Dr. Bittman last week and Dr. Bittman didn't see issues with any of the options as long as we continue to include the district in discussions. Councilmember Westgaard explained he would be in favor of option 2 as he believes it is the most favorable by keeping the design moving but not spending money on securing materials which could get expensive. NATURE City Council Minutes Page 9 December 17,2018 ----------------------------- Mayor Dietz questioned the design cost listed in option 2. Mr. Portner stated he believes the bulk of the design costs have already been expended but he will get figures to the Council. Councilmember Wagner indicated option 2 makes the most sense for her. She questioned if the design and project team will be reconvening to discuss how the design fits with the budget. Mr. Portner stated if option 2 is selected the design period would be January 1 —April 26. He added he will forward the proposed timeline to the Council. Councilmember Ovall indicated he is mixed between option 2 and 3. He stated he tends to lean to the most conservative side but he could go either way. Council consensus was to move forward with option 2 as outlined in Mr. Portner's handout. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:19 p.m. Minutes prepared by Jessica Miller. John J. Dietz,Mayor Tina Allard, City Clerk UREJ