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4.1. DRAFT MINUTES (1 SET) 03-04-2019 Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 19, 2019 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Sr. Planner Chris Leeseberg, City Attorney Peter Beck, Storm water Coordinator Brandon Wisner, Police Chief Ron Nierenhausen, Economic Development Director Amanda Othoudt, Arena Manger Rich Czech, Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard 1. 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 Agenda Mayor Dietz noted the minutes on the consent agenda were revised and there is an Item 7.5 regarding River Walk Apartments where the agenda is missing item C and D, regarding a zone change to Planned Unit Development and a Conditional Use Permit for a Planned Unit Development, but the items were included in the Council record for review. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the agenda as amended. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Ovall and seconded by Councilmember Wagner to approve the following consent agenda: 4.1 February 4, 2019, Minutes 4.2 Check register; check numbers 109381- 109604 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Leave of absence extension for Commissioner Provo to June 30, 2019. 4.5 Resolution 19-05 establishing municipal state aid highways. City Council Minutes Page 2 February 19, 2019 ----------------------------- 4.6 Hire Jena Murray as parks maintenance worker effective February 25, 2019. 4.7 Hire Wyatt Studniski as police officer effective February 20, 2019. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 County Prosecutor and City Attorney Report Sherburne County Attorney Kathleen Heaney and City Prosecutor Scott Baumgartner presented their reports. Ms. Heaney noted they’re seeing a trend of more THC (tetrahydrocannabinol) in various products. She stated methamphetamine use and mental health services are on the increase. Ms. Heaney commented the police department and Mr. Baumgartner have been wonderful to work with and she thanked them for their work. Mr. Baumgartner echoed Ms. Heaney’s sentiments. He highlighted statistics as noted in the staff report. He stated DWIs have increased but he is not sure why at this time as the county/city has a good deterrent program. 6.2 City of Elk River Volunteer of the Month Mayor Dietz introduced and presented a plaque to Dawn Moyer as the February Volunteer of the Month. He noted the following past accomplishments over her years of service:  Chair of Holy Trinity Episcopal Church  Corporate board member for 40 years at Guardian Angels  Trustee of the Year by Minnesota Health and Housing Alliance  Founding board member of Rivers of Hope  Chair of American Foreign Service  CAER volunteer  Historical center  Meals on Wheels Ms. Moyer stressed the importance of being involved and thanked everyone. 7.1 Business Subsidy Ms. Othoudt 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. City Council Minutes Page 3 February 19, 2019 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 19-06 approving an amended Business Subsidy Policy. Motion carried 5-0. 7.2 Simple Plat: Mark & Lori Amborn, 13432 Meadowvale Road Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue this item to March 18, 2019. Motion carried 5-0. 7.3 Conditional Use Permit: Institutional Use (Church) Expansion, Abiding Savior Lutheran Church – 12942 193rd Avenue 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 Wagner and seconded by Councilmember Christianson to approve Conditional Use Permit, Case No. CU 18-21, as the standards set forth in Section 30-654 have been satisfied. Motion carried 5-0. Mr. Leeseberg stated the applicant would like to discuss the curb and gutter requirement. He stated, per city ordinance, curb and gutter is required with some exemptions for unique circumstances. The Council concurred the church is not required to install curb and gutter on their project. 7.4 Preliminary and Final Plat: ER Ventures Second Addition, 17994 Zane Street Mr. Leeseberg presented the staff report on behalf of Planning Manager Zack Carlton. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Ovall to approve Preliminary Plat of ER Ventures Second Addition, Case No. P 19-01. Motion carried 5-0. City Council Minutes Page 4 February 19, 2019 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 19-07 granting Final Plat of ER Ventures Second Addition, with the condition that Variance No. V 19-01 is recorded with Lot 1, Block 1, ER Ventures Second Addition. Motion carried 5-0. 7.5 River Walk Apartments – 17354 Zane Street A. Right-of-way Vacation: Zane Street B. Simple Plat: River Walk C. Zone Change to Planned Unit Development D. Conditional Use Permit to Planned Unit Development Mr. Leeseberg presented the staff report on behalf of Planning Manager Zack Carlton. Mayor Dietz opened the public hearing. Dan Anderson, Briggs Company, 633 Upland Avenue – Asked for clarification about park dedication stating the Parks and Recreation Commission provided different feedback then Council. He stated he would prefer to give land for a park versus giving cash or easements. Dave Anderson, Parks and Recreation Commissioner – Stated the commission chose to preserve an easement for a trail and not take land. He stated the commission further recommended taking cash for the park dedication. He stated they want the easement because it is highlighted in the Park and Recreation Master Plan as a river bluff trail heading from downtown Elk River to a City of Ramsey trail connection. Mayor Dietz asked Mr. Beck about the trail easement. Mr. Beck sated when land is being platted, the city has the authority to obtain easements. He stated it is a reasonable condition because it’s in city plans. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the request to vacate a portion of the Zane Street Right- of-Way and the Simple Plat to the March 18, 2019, Council meeting. Motion carried 5-0. Councilmember Wagner asked for further discussion of Council’s desire for a trail easement. She stated it is an important trail connection along the river that is a great benefit to the residents of the community. Councilmember Westgaard stated he supports the commission’s recommendation Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the request for approval of a Zone Change and the City Council Minutes Page 5 February 19, 2019 ----------------------------- Conditional Use Permit establishing a Planned Unit Development to the April 15, 2019, Council meeting. Motion carried 5-0. 8.1 Resolution for Finding of Fact: Conditional Use Permit Request by ResCare Minnesota Mr. Beck provided summary of the history/timelines for this application. He reviewed Council options for action. He expressed concern with having factually- supported legal reasons to deny the application. He explained the Conditional Use Permit process and how it is a legislative versus a discretionary decision. He stated there are two key components: 1) there has to be a legally-sufficient reason for which there is a factual basis in the record to deny the application. He stated in this case there are a lot of facts and impact to surrounding areas, but they are likely not sufficient to support denial; 2) this case involves a protective class of people under federal law. He explained how these laws apply to this application. Mr. Beck further noted the exposure to the city is exponential and can include additional fees and costly damages when federal rights are involved. He stated he consulted with attorneys in our partnering law firm and the League of Minnesota Cities and they concurred. Councilmember Christianson stated he spent many hours on this and feels this type of care facility is not appropriate at this location and his position hasn’t changed on the matter. Councilmember Westgaard stated he felt the applicant met the conditions and struggles to find reasons not to approve it. Councilmember Ovall stated he reviewed this matter deeply and he thanked everyone for their assistance. He stated initially this seemed like a straightforward case for him until he heard the evidence from the community. He stated he focused on what he believed to be the facts of this case based on policing and local neighborhood impact. He stated as he continued review and worked with multiple groups for information, he learned a lot about the Federal Fair Housing Act. He stated because Council can’t consider police and neighborhood concerns, he feels the conditions of the request are met and he would support the Conditional Use Permit. He further stated he stands by his feelings this is not the best location for this type of use but the application meets the terms of the ordinance as written. Councilmember Wagner stated she will not be supporting the denial because there are not any legal reasons to factually support it. Mayor Dietz stated this is an extremely difficult decision he has thought about a great deal. He stated he is confident the Council will change the zoning in the downtown district so ResCare could again consider the former school district property. He urged ResCare to give the site strong consideration. He discussed the Conditional Use Permit process and the legal reasons for denial. He felt there would be a good chance ResCare would sue the city if their application is denied. He stated City Council Minutes Page 6 February 19, 2019 ----------------------------- attorney opinion is the city is likely to lose if this issue goes to court and ResCare would get their Conditional Use Permit along with excessive damages because of civil rights and fair housing. He stated some of the damages would be paid by taxpayers and his job is to consider the whole city when making decisions and to minimize risk to all taxpayers. He stated he would vote to support a Conditional Use Permit for ResCare with two additional conditions: require an opaque fence on the west side of the facility as a screen to the neighborhood and several security cameras be installed in the parking lot. Chris Jacobson, ResCare property advisor, expressed concerns with camera placement based on HIPPA compliance and he questioned the fencing length expressing concerns for the view. Mr. Beck stated these are reasonable conditions. He stated Council could leave staff with discretion regarding fence height and number/location of security cameras. He stated the fence condition could refer to an appropriate material as Council most likely would prefer wood over chain link. Mr. Jacobson suggested an additional condition stating the Conditional Use Permit can only take effect upon purchase of the property so if ResCare didn’t close the permit wouldn’t run with the property and future property owners. Mr. Beck agreed this would be a good condition to add as the applicant suggested and is consenting to it on the record. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU18-19 to establish an Institutional Use at 633 Upland Avenue as the criteria for approval are met with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2. The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 3. A designated smoking area outside of the building must be identified in the site plans. 4. At the direction of staff, applicant is required to install an opaque fence, of an appropriate material, on the west side of the facility as a screen to the neighborhood. 5. At the direction of city staff, applicant to install security cameras in the parking lot. 6. The Conditional Use Permit will not take effect unless the applicant acquires the property. Motion carried 4-1. Councilmember Christianson opposed. City Council Minutes Page 7 February 19, 2019 ----------------------------- Council recessed at 7:08 p.m. in order to go into work session. Council reconvened at 7:18 p.m. 9.1 Commission Interviews Council interviewed various applicants for advisory group openings. Term expiration for all groups is February 28, 2022. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Mike Cunningham and DeAnn Givens to the Arena Commission. Motion carried 4-0. Councilmember Ovall was out of room during the vote. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Paula Bernard, Tom Sagstetter, and Timothy Steinbeck to the Energy City Commission. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to appoint Joshua Fox to the Heritage Preservation Commission. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Ryan Holmgren to the Parks and Recreation Commission. Motion carried 5-0. Council discussed the many applicants and their varied qualifications for the Parks and Recreation Commission. Councilmember Ovall stated he was impressed with Ms. Carling’s experience and would support her perspective on the commission. Councilmember Christianson concurred and stated he would also support Mr. Loidolt based on his experience and involvement with Active Elk River. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Greg Loidolt to the Parks and Recreation Commission. Motion carried 4-1. Councilmember Ovall opposed. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Eric Johnson to the Planning Commission. Motion carried 5-0. Councilmember Ovall noted this is a tough decision. He stated he supports Mr. Vahlenkamp due to his work on the ResCare project. Councilmember Christianson concurred. City Council Minutes Page 8 February 19, 2019 ----------------------------- Moved by Mayor Dietz and seconded by Councilmember Wagner to appoint Perry Beise to the Planning Commission. Motion carried 3-2. Councilmembers Ovall and Christianson opposed. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Mary Stewart to the Elk River Municipal Utilities Commission. Motion carried 5-0. 9.2 Multi-Purpose Facility and Field Relocation Update Tom Betty and Brian Recker reviewed initial conceptual designs for Lion John Weicht Park and the arena/multipurpose facilities as part of the Active Elk River project. Councilmember Ovall expressed concerns about concessions not being available on the first level. Mr. Czech stated it isn’t’ an issue. Mayor Dietz expressed concerns with parking enforcement. 9.3 Surface Water Management Fee Structure Mr. Wisner presented the staff report. He stated the 1994 resolution makes sense when the city is taking over infrastructure. He stated ERX is a unique situation because they are outside of the urban service area and they are putting in private storm water ponds because it is required. He stated the city is minimally involved with review and ERX would be responsible for fixing their storm water infrastructure if it fails. He reviewed options as outlined in the staff report. Councilmember Westgaard suggested language geared toward the intensity of the development. Mr. Beck stated it could be done as long as there is a rational basis for the fees are required for making distinctions between properties. He suggested a percentage of impervious surfaces over acreage. Mr. Leeseberg expressed concerns because the fees are collected at time of platting. He questioned what would trigger collection of the fee after a property was platted. Councilmember Westgaard noted this would be the one and only time the city could collect this fee. Councilmember Ovall questioned if this fee is inhibiting the ability to grow and attract development, noting other cities aren’t colleting it. Mr. Wisner explained how each city is unique in the methods they use to collect storm water fees. City Council Minutes Page 9 February 19, 2019 ----------------------------- Mayor Dietz asked Council if they want to consider raising the utility fee and eliminating the impact fee. It was noted the utility fee would have to be raised by 10% to offset the impact fee. Council consensus was to eliminate the impact fee and raise the utility fee starting January 1, 2020. Mr. Beck noted Council could phase in the impact fee. 9.4 Institutional Uses in Downtown District Mr. Leeseberg presented the staff report on Planning Manager Zack Carlton’s behalf. Mr. Beck stated if Council defines Residential Facility then they could exclude them from institutional uses versus including residential facilities under the definition of Institutional Uses. Councilmember Westgaard stated the current ordinance definitions need to be expanded into more detail specific types of uses in order to guide them better. Councilmember Ovall stated this is turning into a larger issue and should be sent back to Planning Commission for more detailed review. Mr. Beck stated this is a consistently evolving use type and he explained how, historically, churches and schools were located in neighborhoods at one time because people used to walk to them. He further commented some cities have an institutional zoning district. Mr. Leeseberg asked Council their intentions for the downtown district. He questioned if they want to see churches/schools in downtown, separation of definitions for the different types of facilities (schools versus churches, or medical), and get rid of institutional uses. Council concurred they would like to break the definitions down versus lumping them into one. Councilmember Wagner expressed concerns with segmenting and focusing on the institutional use without considering the larger vision referencing the Council- adopted Mississippi Connections Plan and its focus on redevelopment. She would like a plan of what a project would actually look like. She questioned the goal for the downtown as a whole, noting the current plan calls for a sustainable downtown district with restaurants and varying draws for people to spend money. Councilmember Westgaard agreed but noted the Council needs to redefine institutional uses and then review how the new definitions apply to each zoning district within our city. City Council Minutes Page 10 February 19, 2019 ----------------------------- Councilmember Wagner expressed concerns with this not happening fast enough for some people and what they may want. Councilmember Westgaard agreed but stated the Council needs better control over where to guide things given the discussions over the last few months regarding ResCare. ------------------------ Mr. Portner noted the Active Elk River local option sale tax bill will be heard before the House Property Tax committee next Monday and asked Council to let him know if they wish to attend. Councilmember Ovall stated he discussed the ResCare facility type use with a half dozen downtown businesses and they were receptive to the use in the downtown district. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:11 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk