Loading...
07-15-2019 CCMMembers Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 15, 2019 Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Stormwater Coordinator Brandon Wisner, Environmental Coordinator Amanda Bednar, Planning Manager Zack Carlton, Police Chief Ron Nierenhausen, Park Maintenance Supervisor Tim Sevcik, Finance Director Lori Ziemer, Assistant City Engineer Jenna Fabish, Public Works Director/Chief Engineer Justin Femrite, and Records Specialist Katie Porath. 2. 3. 4. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:04 p.m. by Mayor Dietz. Pledge of Allegiance Pledge of Allegiance was recited. Consider Agenda Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the agenda. Motion carried 5-0. Ovall, Westgaard Consent Agenda Moved by Councihnernber Ovall and seconded by Councilmember Wagner to approve: 4.1 Check register, check numbers 111015-111189 as outlined in the staff report. 4.2 Temporary On -Sale Liquor License for Church of St Andrew for July 20, 2019. 4.3 Appoint Jeff Hartwig to the Economic Development Authority for a term beginning immediately and expiring December 31, 2023. 4.4 Pay Estimates as outlined in the staff report. 4.5 Adopt an amendment to Resolution 18-72, 2019 Compensation Plan. 4.6a Hire George Brenzel to the position of Planning and Code Enforcement Intern effective July 16, 2019. City Council Minutes Page 2 July 15, 2019 ----------------------------- 4.6b Hire John Colotti to the position of Liquor Store Manager effective August 19, 2019. 4.7 Withdrawal of application for Pines at Elk River, LLC —18461 Twin Lakes Road ■ Zone Change from Business Park (BP) to Planned Unit Development (PUD) ■ Conditional Use Permit for PUD ■ Preliminary Plat for a townhome development to be known as Tall Pines PUD 2nd Addition ■ Final Plat of Tall Pines PUD 2nd Addition Motion carried 5-0. S. Open Forum Ben Pollich,19164 Johnson St, stated his neighborhood is undergoing roundabout construction projects. Traffic is being re-routed but there appears to be a stretch that has been paved and he is hoping it can be opened up sooner. Council directed staff review and response back to Council by the August 5, 2019, council meeting. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the July Volunteer of the Month award to Linda Krieger. He highlighted the following: ■ Member of Guardian Angels Board of Directors since 2003 ■ Guardian Angels Board Chair for 11 years ■ Served on the following committees for Guardian Angels: Ethics, Executive, Finance & Audit, Fund Development, Nominating, and Strategic Planning • Co -Chair of Guardian Angels Gala Committee for 12 years raising more than $1,000,000 • Represents Guardian Angels at LeadingAge Minnesota Organization • Along with husband Dan, received 2018 Life Enhancement Award from Guardian Angels ■ Co -Chair of the women's group at Trinity Episcopal Church ■ Involved with Vacation Bible School, singing in the choir, assisting at worship services and a reader and chalice bearer at Trinity Episcopal Church 6.2 Oath of Office: Wyatt Studniski Police Chief Nierenhausen presented the staff report. Mayor Dietz administered the oath of office to Officer Wyatt Studniski. NATUR� City Council Minutes July 15, 2019 6.3 Introduction of New Employees Mr. Carlton introduced Building Inspector Mark Pistulka. Mr. Sevcik introduced Maintenance Mechanic Christopher Decker. Council welcomed the new employees to the city. 7.1 Easement Vacation: Western Avenue in Westwood Subdivision Mr. Carlton presented the staff report. Page 3 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 adopt Resolution 19-27 to vacate a portion of the right-of-way platted as Western Avenue. Motion carried 5-0. 7.2 Ordinance Amendment: Institutional Uses Mr. Carlton presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to continue, by motion, the Ordinance Amendment: Institutional Uses public hearing to the August 19, 2019, Council meeting. Motion carried 5-0. 8.1 Issuance of $33,735,000 General Obligation Sales Tax Revenue Bonds, Series 2019A Ms. Ziemer presented the staff report. Mayor Dietz clarified the city had 24 months to complete the entire project. He questioned if the city can pay the bonds off early if it collects more sales tax than anticipated. Ms. Ziemer stated it would be possible as the bonds will have a 10 -year can date, so 2029 would be the earliest date to call the bonds. If the city collects more than needed, this additional amount will be put into a debt service fund. Council -member Christianson asked if it made sense to make one issuance or two. Ms. Ziemer stated this is under review. P 0 f EAE 1 I T City Council Minutes Page 4 July 15, 2019 Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 19-28 for the issuance of $33,735,000 General Obligation Sales Tax Revenue Bonds, Series 2019A. Motion carried 5-0. 8.2 Hilltop Woods Estates Second Addition, 20655 Victoria Drive ■ Easement Vacation ■ Plat of Hilltop Woods Estates Second Addition Mr. Carlton presented the staff report. Staff recommends a condition requiring the creation of a covenant that would prohibit future development of the newly -platted lots prior to a second connection for Victoria Drive to surrounding street network, ensuring Victoria Drive is no longer a dead-end cul-de-sac. Councilmember Wagner asked how long, in general, a development agreement is valid. Mr. Carlton explained a development agreement is meant to govern the development of a property. Once the property is no longer being developed, the agreement no longer exists. Mr. Beck confirmed that, once the improvements are accepted, the development agreement is released. Ongoing changes would be subject to a covenant. Councilmember Wagner asked about the warranty period. Mr. Carlton explained the warranty period was two years from accepted improvements. Mayor Dietz expressed concern that the development agreements do not clearly state when they are in effect and felt they should contain language explaining when they expire. Mr. Beck agreed this would be a good addition to future development agreements. Councilmember Wagner felt adding this type of language would be beneficial going forward and there was misinformation among the neighbors who thought the development agreement was forever. Councilmember Westgaard agreed it was not consistent with what was originally intended and communicated with the residents of Victoria Drive. Unfortunately, there wasn't a binding mechanism in place to ensure there was not any future development. The plan under consideration shows one additional driveway and one additional buildable lot. Mr. Beck stated there was not a sufficient legal basis to deny the request. INATURE City Council Minutes July 15, 2019 Page 5 -------------- Councilmember Wagner clarified the request before council was not about planning seven homes and adding a roadway. The issue is to approve a right-of-way to be dedicated but not built right now. Councilmember Westgaard clarified the language proposed could help in future situations where applicants are requesting a lot split. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 19-29 to approve the proposed vacation of existing roadway easements on Lot 4, Block 1, Hilltop Woods Estates. Motion carried 4-1. Mayor Dietz opposed. Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt Resolution 19-30 to approve the plat of Hilltop Woods Estates Second Addition adding a condition restricting further subdivision of the parcels platted as part of Hilltop Woods Estates Second Addition until a public street is extended and connected to the north. Motion carried 4-1. Mayor Dietz opposed. 8.3 Lake Orono Restoration and Enhancement (LORE) Environmental Assessment Worksheet (EAW) Ms. Bednar introduced Shawn Williams, Senior Environmental Scientist for WSB & Associates. Councilmember Ovall asked if the recommendations from the Department of Transportation would require an Environmental Impact Study (EIS). Mr. Williams said the comments were advisory, making the city aware they would need to secure permits and approvals, but none of the comments were controversial or would trigger an EIS. Mr. Beck added none of the commenting agencies requested an EIS. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 19-31 issuing a negative declaration of need for an Environmental Impact Statement for the Lake Orono Restoration and Enhancement Project. Motion carried 5-0. Mayor Dietz publicly thanked the Park and Recreation Department and Karen Wingard for all of their efforts in organizing the 2019 Elk RiverFest. He stated an estimated 7,000 people attended and there was positive feedback and few incidents. Council recessed at 6:53 p.m. in order to go into work session. Council reconvened at 6:58 p.m. r rNATURE City Council Minutes Page 6 July 15, 2019 9.1 Orono Lake Improvement District (OLID) Board Member Appointments Ms. Bednar and Mr. Wisner presented the staff report. Councilmember Westgaard explained the difficulty of determining who to appoint to the board based only on the written statements. The board should consist of people who are comfortable developing a budget and have the goals of the entire lake in mind. Moved by Councilmember Christianson and seconded by Councilmember Ovall to appoint Chris Rock as the West area Orono Lake Improvement District Board Member with a term to expire in 2022. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councihnember Ovall to appoint Patrick Plant as the Upper area Orono Lake Improvement District Board Member with a term to expire in 2021. Motion carried 5-0. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to appoint Chris Bickman as the Middle area Orono Lake Improvement District Board Member with a term to expire in 2020. Motion carried 4-1. Councilmember Christianson opposed. Moved by Mayor Dietz and seconded by Councilmember Christianson to appoint Ed Bury as the East area Orono Lake Improvement District Board Member with a term to expire in 2022. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to appoint Torn Binsfield as the At -large area Orono Lake Improvement District Board Member with a term to expire in 2021. Motion carried 5-0. 9.2 Outdoor Ice Rink at Spectrum High School Mr. Hecker presented the staff report. Ryan Eason, President of Elk River Youth Hockey, was in attendance. Elk River Youth Hockey has agreed to purchase dasher boards for use at the proposed rink at Spectrum High School recreation facility. The city would be responsible for flooding the rink and provide a staff person to staff the warming house. Spectrum would provide .the lights. The rink would be used for Spectrum hockey teams after school and a schedule would need to be determined. Councilmember Ovall did not realize the city would be responsible for providing a staff member. IIIIaII Ir NATUREI City Council Minutes July 15, 2019 Page 7 Mr. Hecker stated staff from the Lion John Weicht Park rink would be transitioned to the new rink. He believes the newly proposed rink would have a greater utilization rate due to the full set of dasher boards. Mr. Hecker asked the council about getting rid of the Kliever Lake Fields Park. It costs about $5,000 to flood each year and seems to have low usage. Councilmember Wagner addressed the issue of people having to cross County Road 12 to use the Spectrum rink if the Khever Lake Fields Park rink was no longer available. The Parks and Recreation Commission recommended closing both the Lion John Weicht and Kliever Lake Fields Park rinks but a final decision has not been made. Councilmember Westgaard appreciated the collaborative effort with Elk River Youth Hockey. He recommended writing down the arrangements to avoid confusion in the future. Mr. Portner stated they would not need to make a decision about closing Kliever Lake Fields Park rink at this time. Mt. Eason said his only concern was being squeezed out of rink usage. He will have to go to the Elk River Youth Hockey board for final approval. He asked about the timeline for an agreement. Mr. Portner said he would be in contact with Spectrum and Spectrum is anxious to begin working on the project. 9.3 US 10 Reconstruction and Multi -Use Trail Project Update Ms. Fabish and Mr. Femrite presented the staff report. MnDOT has agreed to construct a multi -use trail from Simonet Dr. to Lowell Ave. The city must provide 20% of the cost. The new trail would be lit with pedestrian lighting. Mayor Dietz asked about the timeline between this project and the CSAH 1 project and whether the areas constructed in 2020 have to be torn up again for the project in 2021. Mr. Fen -rite talked about the merits of combining the projects. Although they are two independent projects, there is a potential for them to be combined. They would aim to be completed ahead of the 169 Redefine project beginning. rNATURE] City Council Minutes July 15, 2019 Page 8 Mr. Femrite outlined that the project would include a double left turn lane from east Highway 10 onto west Proctor Ave. There would be a shorter signal time and two receiving lanes on Proctor Ave. 9.4 County State Aid Highway (CSAH) 1 (Proctor Avenue) Reconstruction Project Update Ms. Fabish presented the staff report. Mayor Dietz asked if a third lane on Proctor Ave was scheduled down the road for 2020. Mr. Femrite said the project would include a full pavement reconstruction. 9.5 Sidewalk Snow Plowing Mr. Sevcik and Mr. Femrite presented the staff report. In order to meet the ordinance requirements of clearing sidewalks of snow within 24 hours, the Streets Department would need to purchase at least one additional sidewalk plow and hire an additional employee. However, sidewalk plow machines are not reliable and are expensive. Mayor Dietz asked if the city should change the ordinance to increase the amount of time allowed to clear sidewalks. Councilmember Westgaard agreed the city should abide by the same timelines as requested of residents. Councilmember Christianson asked how many miles of sidewalks could be cleared within the 24 hour timeframe. At current equipment and staffing levels, 12-15 miles could be cleared of a 4 inch snowfall within 24 hours. Councilmember Christianson asked about the percentage of sidewalks neighboring cities plow. Common practice seems to be that residential property owners are responsible for the sidewalk in front of their property. Councihnember Christianson stated he gets comments from residents that certain properties are plowed while others are overlooked. He asked about reducing the number of miles the city maintains so they can comply with the ordinance requirement. r o1ESEI Ir NATURE City Council Minutes July 15, 2019 Page 9 ----------------------------- Councilmember Westgaard commented that cutting the number of miles of sidewalk maintained would make even more residents frustrated. Councilmember Wagner stated that reducing the miles the city maintains would put the burden on residents and businesses. Another option would be to purchase more equipment and hire more staff. Councilmember Westgaard stated sidewalk snow plowing is a recurring topic of discussion. Mayor Dietz asked why the city couldn't adjust the ordinance to allow more time for residents to -clear their sidewalks. Councilmember Wagner addressed the new path that is being added, how will that be maintained? Mr. Sevcik said, since the new path is a trail rather than a sidewalk, it would be maintained by a different type of equipment that doesn't have as much demand on it. Mr. Femrite added every additional piece of trail, sidewalk, and road is incremental to needing additional plow routes. Councilmember Ovall said that, with the aging population and the promotion of a walkable community, having cleared sidewalks is a public safety issue. When it comes to tax dollar to attract businesses and new residents, it is an expectation to have sidewalks plowed. Councilmember Christianson asked about the expense to plow all city sidewalks. Mr. Sevcik estimated the city would need to finance three additional sidewalk plow machines as well as three additional operators. Councilmember Ovall would be interested in looking at the additional cost of the equipment and staff. Mr. Femrite agreed there are countless calls from aging residents saying they are not able to do certain things to maintain their property. Councilmember Ovall felt it was more of an expectation that all sidewalks are plowed. Mayor Dietz asked about the cost of additional staff including benefits. Mr. Femrite will pull together some budget information for the council to review. Councilmember Christianson asked about keeping the ordinance at 24 hours or extending it. POA'EAEA ly INATUREI City Council Minutes July 15, 2019 Page 10 Councilmember Westgaard mentioned two operators could clear the sidewalks within 48 hours instead of four operators needed for 24 hours if the ordinance time limit was changed. Councilmember Ovall asked if there were insurance implications for not clearing the snow within the 24 hour period. Mr. Portner said we are insured and the caution is in the hands of the individual, not the property owner. The city does it's best to mitigate vulnerability. Mayor Dietz directed Mr. Femrite to prepared information to include in the proposed budget. If it is not a budget item, the city can make changes to the ordinance or plow routes. Councilmember Ovall recommended developing clear guidelines that can help facilitate communication to the residents. Mr. Portner asked the council if they are willing to start the budget discussion meetings scheduled for July 22 and 29, 2019 at 4:00 p.m. The council agreed to a 4:00 p.m. start time. Mr. Portner discussed the council attending one of the Farmer's Market dates. A calendar was provided to the council members and they can determine if they are able to attend to meet residents and answer their questions. Councilmember Ovall asked about a future work session to discuss the medians and prairie grass. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:55 p.m. Minutes prepared by Katie Porath. o . Tina Allard, City Clerk po■fito or NATURE