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04-15-2019 CCMElkMeeting of the Elk River City Council River Held at the Elk River City Hall Monday, April 15, 2019 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Also Present: Parks and Recreation Commissioners Dave Anderson, Mike Niziolek, Greg Loidoh, Mark Rathbun, and Andy Soltvedt Members Absent: Parks and Recreation Commissioners Ryan Holmgren and David Williams Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Parks and Recreation Director Michael Hecker, Public Works Director/Chief Engineer Justin Fernrite, Recreation Manager Steve Benoit, Street and Park Superintendent Tim Sevcik, Street Foreman Chris Teff, City Attorney Peter Beck, 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 6:07 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider April 15, 2019, Agenda Item 4.8 was removed for discussion after the consent agenda. Councilmember Wagner added Discussion and Clarification on Downtown Park Flag Request as item 8.2. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the April 15, 2019, agenda as amended. Motion carried 5- 0. 4. Consider Consent Agenda Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve the following consent agenda: 4.1 Minutes ■ March 18, 2019 ■ April 1, 2019 City Council Minutes April 15, 2019 Page 2 ■ April 8, 2019, Board of Appeal and Equalization 4.2 Check register, check numbers 110062-110225 as outlined in the staff report. 4.3 Annual approval electing not to waive the statutory tort limits for liability insurance. 4.4 Temporary On -Sale Liquor License for the Davis Darrow Meyer Post 112 for a tractor pull June 7 — 8, at the Sherburne County Fairgrounds with the following conditions: 1. Alcohol must be confined to an area enclosed by a fence with secured, controlled access and limited to the beer garden and grandstand. Wrist band control is required for patrons 21 and over. 2. Applicant must contact the Sherburne County Sheriffs Office to arrange for security needs. 4.5 Hire Grace O'Konek as community service officer I effective April 16, 2019. 4.6 Transient Merchant License (overnight storage) for Allen Pantelis to sell kites, ground spinners, wood carvings, and windsocks from the parking lot of Wash -n -Fill, 18296 Zane Street NW, weekends May 1 through October 1, subject to the following conditions: 1. One 24 -square foot sign shall be allowed. A temporary sign permit must be obtained prior to display of the sign. Contact the Planning Department at 763.635.1000. 2. The merchandise displayed shall not occupy more than 100 square feet [Section 38-414 (6)]. 3. Applicant must remain on the asphalt surface and no product shall be displayed in landscaped areas. 4. No electrical services shall be across any drive or walking surface. 5. If traffic becomes a problem around the temporary site, the sales area shall be delineated with a barrier to restrict traffic. 6. The area shall be maintained free of debris and kept in an orderly condition. 7. Trailer shall be no larger than 8x12. 8. No signage may be posted on the trailer. 9. Trailer to be parked overnight only as shown on the site plan. Overnight parking is limited to Friday through Sunday of the sales weekends. 4.7 Hire Kimberly Freeman as full-time liquor store clerk effective April 23,2019. Motion carried 5-0 4.8 Approve Master Labor Agreement Between the City of Elk River and International Union of Operating Engineers Local No. 49 for January 1, 2019, to December 31, 2021 Mr. Portner distributed a handout with an amendment to item 4.8. He explained the time requirement for requesting vacation was changed as part of the agreement; PONEREB BI NATURE City Council Minutes April 15, 2019 Page 3 M. however, the time requirement for requesting compensation time was not. He stated the notice requirements should be consistent since many times employees use vacation and compensation time together. Moved by Councilmember Christianson and seconded by Councihnember Westgaard to approve the Master Labor Agreement between the City of Elk River and the International Union of Operating Engineers Local No. 49 including the change as noted above for January 1, 2019, to December 31, 2021. Motion carried 5-0. S. Open Forum LeAnn Bye appeared on behalf of Libby Bourgeois, 569 Auburn Place. Ms. Bye indicated Ms. Bourgeois was in an accident when she was young and is unable to drive. Her only mode of transportation is a three -wheel bicycle. Ms. Bye read a statement from Ms. Bourgeois indicating she bikes in to town but is unable to pass through the recently -installed gates near the railroad crossing on Proctor. She explained the gates are 90 degrees and do not accommodate her bicycle or pull behind strollers. She noted she has no issue getting off of her bike and opening a gate but they are locked. She is wondering if there is a way to fix it so she can safely cross the intersection. Mr. Femrite indicated Ms. Bourgeois is referring to the pedestrian mazes installed and designed to force people to look down the tracks each way before crossing. He explained the mazes were installed as part of our quiet zone transition and are a prescribed treatment for sidewalks. He added Elk River is a little different in that other cities ban bicycles from riding on the sidewalk but Elk River does not prohibit it. He stated he will review and see if there is another option. Councilmember Ovall questioned why the gate is locked. Mr. Femrite indicated it is not meant to be a pedestrian gate and is only used for the city to get their maintenance equipment through the area. Councilmember Christianson questioned if the maze can be widened to get a bike through. Mr. Femrite indicated he will look in to it as he has heard other concerns from people with carts or strollers. 6.1 Introduction of New Employees The following new employees were introduced and welcomed: ■ Liz Cameron, communications coordinator ■ Jackie Mitchell, public works receptionist ■ Jena Murray, park maintenance ■ Gordon Myette, street maintenance NJ P0WEBEB BY NATURE City Council Minutes Page 4 April 15, 2019 ----------------------------- 6.2 City of Elk River Volunteer of the Month Mayor Dietz introduced and presented a plaque to Robert Gunderson as the April Volunteer of the Month. He noted the following accomplishments: ■ Activities at Central Lutheran Church ' Fresh foods pickup and distribution ' Prayer minister ' Usher and greeter ' Bible study group leader Pilot outreach for jail ministry ' CAER volunteer ■ Great River Faith in Action 7.1 Ordinance Amendment: 2019 Fee Schedule Mr. Femrite 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 Christianson to adopt ordinance 19-09 amending the 2019 Fee Schedule to remove the Surface Water Management Impact Fee. Motion carried 5-0. 7.2 Simple Plat: Ondracek Addition Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Kelly Laforce, 18883 Tyler St NW, spoke against this request. He indicated his house is directly across the street. He explained the lots in his development are very small and the development has a lot of heavy traffic and children. He has concerns with this property being developed with six homes making traffic in the area worse. He added the vacant space across the street was one of the reasons he purchased his property. Josh Clark, 18913 Tyler Street NW, concurred with Mr. Laforce's comments. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Wagner indicated she understands the neighbor's concerns but also believes the applicant has a right to develop her land if it's zoned properly. Councilmember Westgaard added to Councilmember Wagner's comments indicating the Council discussed this extensively in October. He understands the resident's NATUREJ City Council Minutes April 15, 2019 Page 5 concerns but also understands the applicant's wish to develop a larger parcel of land she owns. He added as long as the proposed use is consistent with the area there isn't much the Council can use to deny. Mr. Laforce indicated he would be interested in purchasing the strip of land from the city to stop this from developing. Mr. Carlton explained the applicant approached the city with an interest to purchase the strip of property. He added the applicant cannot pull a building permit until the oudot has been platted. He indicated the city acquired this property to prevent it from becoming a "spite strip" preventing people from being able to develop. Mayor Dietz questioned if the city has a legal right to put the strip up for sale publically. Attorney Beck stated the city is under no legal obligation to offer the parcel for sale publicly. Councilmember Christianson questioned if the applicant would have access if the city does not sell the strip of land to the applicant. He added he has a difficult time denying a property owner a right to develop property. Mr. Carlton indicated the applicant would have access off of Twin Lakes Road, which is not ideal. He stated the review would go before the county and they may have concerns. Councilmember Wagner stated again she understands the neighbor's concerns but having traffic diverted to Twin Lakes Road is not a better solution. Councilmember Westgaard explained he is in support of the applicant's request. He explained the value of the city -owned strip of land is nothing but it means everything to this development. He believes selling the land to someone to block the development would be inconsistent with our Comprehensive Plan. He added the request before the Council tonight is not to approve how the lots are developed as that will come back at a later date. Councilmember Ovall questioned if the Council can reduce the density of the project. Mr. Carlton indicated the Council can consider density of the project when the zone change request comes before them. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to adopt resolution 19-11 approving the final plat for Ondracek Addition with the following conditions: 1. Prior to recording the final plat, the existing detached structures on Lots 1 and 2, Block 1, Illustrup Addition must be removed. 2. Prior to recording the final plat, the applicant must purchase the portion of Outlot D, Twin Lakes Estates Second Addition, within the proposed Oudot A from the city for a cost of $1,000. Motion carried 5-0. N PO/ERF1 0Y NATURE City Council Minutes April 15, 2019 Page 6 Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt resolution 19-12 approving conveyance of certain real property. Motion carried 5-0. 7.3 River Walk Apartments — 17354 Zane Street NW A. Zone Change to Planned Unit Development B. Conditional Use Permit for Planned Unit Development Mr. Carlton presented the staff report. He stated no action is needed as the applicant has withdrawn all four applications associated with the River Walk Project. 7.4 Conditional Use Permit: Menards Planned Unit Development Amendment 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 Christianson to approve the Conditional Use Permit to amend the approved site plan for the Hillside Crossing 2°a Addition Planned Unit Development. Motion carried 5-0. 7.5 Simple Plat: Mark and Lori Amborn, 13432 Meadowvale Road Mr. Carlton presented the staff report. He noted the public hearing is open and the applicant is requesting this item be continued to May 20, 2019. There being no one to speak to this issue, the public hearing was continued to May 20, 2019. Moved by Councilmember Christianson and seconded by Councilmember Ovall to continue the public hearing for this item to the May 20, 2019, City Council meeting. Motion carried 5-0. 7.6 Ordinance Amendment: Home Occupations Mr. Carlton presented the staff report. He asked the Council to open and continue the public hearing to the May 20, 2019, City Council meeting. Mayor Dietz opened the public hearing. There being no one to speak to this issue, the public hearing was continued to the May 20, 2019, City Council meeting. Moved by Councilmember Wagner and seconded by Councilmember Christianson to continue the public hearing for this item to May 20, 2019, City Council meeting. Motion carried 5-0. rI 0 1 E 0 E 0 0 1 ATUR� City Council Minutes Page 7 April 15, 2019 8.1 Certificate of Occupancy: Hillside Estates Eleventh Addition Mr. Carlton presented the staff report. Rick Foster, Riverside Development Company, 14366 Mississippi Road, indicated he is not asking for the development agreement to be changed as this is a unique circumstance because the new homeowner is living in a hotel until he can occupy this property. He explained he is in this position because the contractor hired to perform the work did not get it completed in time. Mr. Foster stated all conversions will be completed by a licensed contractor with minimal inconvenience to the homeowner. Councilmember Ovall questioned when small utilities will be installed. Mr. Foster indicated he received a letter stating they would be first on the list as soon as the road restrictions are removed. Mayor Dietz feels sympathy for Mr. Foster but feels this may set a precedent for future developers. Attorney Beck indicated Mr. Foster has been doing business in Elk River for many years and is very reputable; however, he would also be concerned with setting a precedent and would not recommend approving this request. He explained a lot of time and effort was put in to creating the Development Agreement to be developer friendly while also protecting the city. Councilmember Westgaard concurred. He is not as concerned about converting the electric because all of the work is outside the home but he does have concerns with the gas conversion and potential issues with appliances being modified for natural gas. Councilmember Wagner concurred it would be irresponsible of the city to issue the Certificate of Occupancy. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to follow the approved development agreement for Hillside Estates Eleventh Addition and not grant the Certificate of Occupancy for 19583 Baldwin St NW until all requirements of city ordinance and the development agreement are met. Motion carried 5-0. 8.2. Discussion and Clarification on Downtown Park Flag Request Councilmember Wagner is the liaison to the Parks and Recreation Commission and wanted to provide an update to the Council on the recent developments regarding the American Legion's request for a flag at River's Edge Park. She explained the American Legion normally held a Memorial Day celebration at the bandshell at John Weicht Lions Park but since the bandshell has been demolished, the Mayor rp EAEB B9 NATURE City Council Minutes April 15, 2019 Page 8 suggested they hold the event at the River's Edge Downtown Park. The American Legion came before the Parks and Recreation Commission on March 13 in request of a permanent flag pole behind the stage. The Commission discussed this request acknowledging there have been other requests and chose to continue the discussion in order to discuss and create a plan for all parks. She explained a letter to the editor was published saying the request had been denied and cast city officials in a negative light for doing so. She clarified the Commission did not deny the request and simply asked for the item to be brought back for further discussion on location and funding. She explained it is unfortunate much of the information on social media was emotionally driven and included inaccurate statements. She stated the Commission never said the flag was "unappealing" as stated in the letter. She indicated some members of the public came to the April Parks and Recreation Commission meeting where facts were discussed and a solution agreeable to all parties was reached. The solution is for the Fire Department to display a very large flag from a ladder truck for the 2019 Memorial Day celebration. She stated Chair Anderson did a good job of explaining the process at the April Parks and Recreation Commission meeting. Mayor Dietz added the request included the city paying for the flag pole and installation; however, funding is not currently available since the budget for 2019 is already in place. Councilmember Wagner noted staff estimated the pole installation would cost $4,000 and by allowing time to review this request and putting a plan in place it could be discussed for the 2020 budget cycle. Mayor Dietz indicated he has been in contact with the American Legion commander since this issue. He stated many things are going on in this park including a potential dock and these items really need to be reviewed before granting requests. He stated he asked Mr. Sevcik to see if renting a flag pole is an option but it is not. The Legion agreed to the temporary solution of the flag on the fire truck. He explained he was very upset by the Letter to the Editor as items were taken out of context and believes the Star News should have included an editor's note under the letter clarifying what the Parks and Recreation Commission actually said. He further explained he is a veteran and believes Elk River does a lot for its veterans. He personally spends a lot of time on the Yellow Ribbon campaign. He stated for city officials to be called names is ridiculous and people should step back and get the facts before they jump to conclusions. Michael Kaufinann, 15300 196`h Ave NW, member of the Flag Runners group, indicated September 7 is the American Legion's 100th Anniversary and they would like to see a flag in place by then. He indicated the group started a GoFundMe account and hopes to raise money for a flag pole installation and maintenance. P 0 W I R I I 11 APURE City Council Minutes April 15, 2019 Page 9 Councilmember Wagner indicated Mr. Kaufmann spoke during the Parks and Recreation meeting and suggested volunteers assist with flag maintenance which she believes is a really good idea. Mike Matter, 19126 Lincoln St NW, indicated he is a local business owner and offered to fund the group's shortfall to remove any risk of funding being an issue for installation. Mayor Dietz asked if this could be added to the May Parks and Recreation Commission agenda. He also hopes people in attendance have the facts now and hopes they will pass the facts on. Jim Acers, representing the Boy Scouts of American Central Minnesota Council, invited the Council to attend the annual Boy Scout Leadership Breakfast on May 2. Council recessed at 7:43 p.m. in order to go in to work session. Council reconvened at 7:50 p.m. 9.1 Joint Meeting with the Parks and Recreation Commission: Pavilion Design Chair Anderson called the meeting of the Parks and Recreation Commission to order at 7:50 p.m. Chair Anderson indicated he is in favor of using natural stone, a simple stone roof, and he would like to incorporate wind screening during the winter months to draw the cross country skiers and hikers. Commissioner Niziolek preferred a steep slope with a southern exposure element. He would like to see the shelter wrapped with canvas panels to make usable in the fall and winter. He indicated stone amenities are a must and prefers field stone since it's a trademark for our town. He also likes the design with the hole in the roof to allow heat to rise. Counciknember Westgaard explained there was quite a bit of debate over stone during the wayfinding discussions and questioned the general consensus for being consistent between the wayfinding signage and pavilions. He cautioned against making the shelters so fancy we cannot afford them. Commissioner Rathbun believes the durability of natural stone is better. He suggested tying the wayfinding signs, flag pole bases, and pavilions together. Chair Anderson believes we should learn from the failures of others by finding out what other entities did wrong. PI1EaII Ir NATURE City Council Minutes April 15, 2019 Page 10 Councilmember Wagner indicated she likes the red steel roof like the downtown kiosk. She noted it has limestone columns. Chair Anderson believes red, brown, and green fit nicely in nature. Commissioner Niziolek commented bronze or copper looks good with field stone. Commissioner Loidolt stated his recommendation would be to keep some things the same but have the designs be varied between the sports complexes versus the nature parks. He envisions Woodland Trails more nature oriented and woodsy while the sports complexes may be a little more modern and fancy. Commissioner Soltvedt works for Anoka County parks and is aware of what doesn't work. He indicated steel roofs are good but can be loud in the rain so he suggested including a wood underlayment. He noted weather fades colors so looking at more natural colors may be better since they tend to fade more consistently. Mayor Dietz asked the commission to discuss and come up with ideas. Mr. Portner indicated the information is needed next week in order to prepare the bid specifications on the recreation projects. Councilmember Westgaard stated colors don't need to be decided at this time, just design. Consensus of the group was they preferred a model with the split roof similar to the Poligon — Chelsea shown on the right in the drawings presented this evening. Mr. Portner asked Mr. Hecker to obtain a list from the conurtission so 292 Design Group can include in the specifications. Councilmember Westgaard questioned if the commission is in favor of having a guide or policy for pavilion construction for the future. There being no further business, Chair Anderson adjourned the meeting of the Elk River Parks and Recreation Commission at 8:24 p.m. 9.2 Snow and Ice Control Policy Mr. Femrite and Mr. Sevcik presented the staff report. Councilmember Ovall questioned if we communicate with the county for coordination of routes. Mr. Sevcik indicated we do; however, the county has different priorities throughout the county. He explained city staff is in contact with the county before and during snow events but priorities don't always line up. Councilmember Ovall stated there is a big difference between the conditions of the roads in Anoka County versus Sherburne County. Mr. Sevcik explained Anoka P 1 w E 1 E 1 1 1 NATUR� City Council Minutes April 15, 2019 Page 11 County has 24-hour plow shifts and a very large salt budget and Sherburne County only has one plow shift and not a large salt budget. Mr. Sevcik and Mr. Femrite noted the city's communication on Code Red and social media outlets has improved immensely. Councilmember Ovall questioned if communication is something the city and county can collaborate on since people get confused on the difference between the two. Mr. Femrite will review. Mr. Femrite indicated the city gets calls inquiring about sidewalks we maintain versus sidewalks we do not. He explained with one sidewalk plow it takes 48 hours to clear 23 miles. He noted we are not meeting our own ordinance requiring residents to have sidewalks cleared within 24 hours. Mayor Dietz questioned how plowing all 52 miles of sidewalks would impact the budget. Mr. Sevcik indicated two more sidewalk plows and two more employees would come at a cost of approximately $500,000. Mayor Dietz indicated he received a lot of snow complaints this year but believes staff did a good job. He questioned if there is a way to alternate routes so the first person plowed during a storm is the last person plowed next time. Mr. Sevcik indicated it can be done but efficiency would be lost as it would change how we prioritize routes. Mayor Dietz questioned if city snow plow drivers are exempt from the 14 -hour driving restriction. Mr. Sevcik indicated there is no exemption for city plow drivers. Mayor Dietz asked if our communications department could provide real time updates on social media of which areas are being plowed. Mr. Sevcik indicated software does locate trucks every 30 minutes but there is no automated feature so staff would have to constantly monitor the software in order to provide updates. Mayor Dietz questioned if we know our service levels compared to neighboring cities. Mr. Fernrite indicated in speaking with other public works departments, he learned each city has its own set of challenges but he believes we do a good job with our service. Mayor Dietz asked if part-time seasonal snow plow drivers can be hired to assist. Mr. Sevcik stated the new part-time snow plow driver was recently added to the compensation plan but has not been utilized. He stated the part-time employee may be implemented next plow season. Mayor Dietz indicated Vision Transportation was criticizing the city on social media during one of the ice storms. Mr. Teff believes Vision Transportation needs to adapt their routes much like the city does. He explained Vision Transportation is welcome to contact the city to get real time updates but they have not done so. A R E R f R R C INATUR� City Council -Minutes April 15, 2019 Page 12 Councilmember Christianson questioned how much of the city's 23 miles of sidewalks currently plowed is residential neighborhoods and not in front of parks, etc. Mr. Sevcik estimates half. Mayor Dietz questioned if Mr. Femrite can prepare and analysis of all the sidewalks we plow with an explanation of why they are plowed. Mr. Femrite indicated it would be difficult because many of the decisions why to plow were made before his time with the city. The Council discussed changing the ordinance requiring sidewalks to be cleared within 24 hours if we are not meeting it. Mr. Femrite indicated any change would require a service level change and would at Council discretion. Staff was directed to review and analyze the current sidewalk portion of the snow and ice policy and related ordinances and bring suggested changed back to the Council this summer. 9.3 Parking Lot Pavement Management Funding Mr. Femrite presented the staff report. Mayor Dietz believes the city needs to assure residents including parking lots in the pavement management fund will not affect quality or timing of street maintenance. Councilmember Westgaard questioned if all 32 city -owned parking lots could be included in the pavement management system to be funded out of the franchise fee. Mr. Femrite indicated based on fund projections, he believes the parking lots could be absorbed without increasing the fee. Mr. Femrite clarified the following Council direction regarding adding parking lots to the pavement management fund: ■ Streets are priority ■ No plans to increase the franchise fee ■ Once city -owned streets are taken care of, the Council can consider extending to city -owned parking lots. 9.4 2020 Census Complete Count Committee Mr. Carlton presented the staff report. Council consensus was to establish a Complete County Committee for the 2020 Census. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:47p.m. rI 0VEHEI er ATUR City Council Minutes April 15, 2019 Minutes prepared by Jessica Miller Ahn r. Dietz,( r Tina Allard, City Page 13 r0 w i R I 1 01 ATU