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12-02-2019 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, December 2, 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, Economic Development Specialist Colleen Eddy, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Recreation Manager Steve Benoit, Park and Recreation Director Michael Hecker, Arena Manager Rich Czech, and City Clerk Tina Allard 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve: 4.1 November 18, 2019, Joint Meeting Minutes with Elk River Utilities Commission. 4.2 Check register, check numbers 112509-112811 as outlined in the staff report. 4.3 Ordinance 19-22 amending Chapter 30, Article III, Residential Property Standards, of the City of Elk River, Minnesota, City Code. 4.4 Resolution 19-65 acknowledging contribution of art to the Elk River Library. 4.5 2020 City Council meeting calendar. 4.6 Ordinance 19-23 amending Chapter 2, Section 2-355, Meetings and Rules of Procedure, of the Energy City Commission of the City of Elk River, Minnesota, City Code. City Council Minutes November 2, 2019 Page 2 4.7 Extend deadline to record the final plat of Raspberry Ridge to February 20, 2021. 4.8 Hire Jolene Richter as part time secretary/receptionist effective December 4, 2019. 4.9 Temporary Construction Easement Agreement 19-25 for the CSAH 1/Proctor Road construction project. 4.10 Resolution 19-66 granting Final Plat approval for Hinton Hobby Farm, Case No. PE 19-01. 4.11 Application submittal for transportation alternatives federal funding for the construction of two multi -use trail gap connections along County State Aid Highway 12 and County State Aid Highway 13 for funding in fiscal year 2024. 4.12 Hire Timothy Trebesch as code enforcement officer effective December 17, 2019. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 2019 Recognition of Beautification Awards Ms. Eddy presented the staff report. She thanked the Beautification Committee for their work throughout the year. Council expressed thanks to the winners for beautifying their properties. 7.1 2020 Budget and Tax Levy Ms. Ziemer presented the staff report. Mayor Dietz opened the item for comment. There was no one to speak to this issue. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 19-68 authorizing the proposed property tax levy for collection in 2020. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the 2020 General, Special Revenue, and Enterprise Fund budgets. Motion carried 5-0. 8.1 Public Art Judging Panel Ms. Eddy presented the staff report p0VFa[I Ir NATURE City Council Minutes November 2, 2019 Page 3 Moved by Councilmember Christianson and seconded by Councilmember Ovall to appoint Councilmember Wagner to the public art judging panel. Motion carried 5-0. 8.2 Discuss Work Session Items Mr. Portner presented the staff report. He noted Councilmember Christianson requested a discussion about the Central Mississippi River Partnership. 9. Council Liaison Updates Council provided updates of various advisory board activities as noted in the respective boards' minutes. Council recessed at 7:01 pm and reconvened in worksession at 7:04 pm. 10.1 Land Use Interpretation: Industrial Development Mr. Carlton presented the staff report and questioned Council's interpretation of ordinance for the applicant's request. Organic Material Grinding Councilmember Ovall stated this use has no building, no tax base or job creation and wouldn't be the highest and best use of the site. Councilmember Westgaaxd concurred but questioned where the use could be located. Councilmember Wagner didn't feel leaves and branches fit the definition of a recycling processing center. Councilmember Ovall concurred noting it would be different if they had a bulk processing center with building and equipment and people working at the site. He felt this was more a dump site for processing and removal. Council consensus was this use wouldn't fit into current definitions of the city ordinance. Trailer Parking Councilmember Ovall stated because a business and a building are not located on site this is a different use and not like Copart. He struggles with solely allowing outdoor storage on the site. Mr. Carlton explained, per city code, outdoor storage is allowed as a conditional use when it is accessory to a principle use. He stated for this project the dedicated ( principle use would be for parking trailers. POItENE1 8 NA TUR d City Council Minutes November 2, 2019 Page 4 Councilmember Ovall stated this business has no headquarters or operations in the city. He believes the framer's intent of the ordinance for granting a Conditional Use Permit implies there should be a primary business located in the city. He expressed concern with allowing a business to operate within the city with no tax base and using up industrial space for storage. He felt there was a gap in the ordinance. Councilmember Wagner didn't want to use industrial space for storage -only businesses that are located in other communities when the land is set aside for creating a tax base and jobs. Council suggested a review by the city attorney to turn the request down. 10.3 Ordinance Updates: Code Enforcement Violations Mr. Carlton presented the staff report. Boat Storage Councilmember Westgaard questioned if the ordinance language could mirror after the same philosophy with vehicles being operable. There was discussion on operability. Councilmember Westgaard stated the overall intent of regulating storage in the front yard is to meet setbacks to curb and side yards but at what point does it become an eyesore for a neighbor. Mr. Carlton stated, from the enforcement perspective, a trailer on an approved surface is allowed. He stated an RV -type vehicle sitting on Class N on the side of a garage is okay as long as operable and licensed. Charlie Blesener,1713 5' Street, explained why he didn't feel this trailer was on an approved surface. He stated the trailer is located on a double -wide apron for a garage entrance and not the drive as outlined in ordinance. He stated this trailer is located 5- 6 feet from the property line and not screened from public right-of-way. He questioned why some of the elements from the outdoor storage definition used in business areas can't also be used for residential areas. He expressed concern for area property values. He noted the boat operates in summer but sits for 6-7 months a year. He stated there should be requirements for setbacks and storage on a hard surface. Mayor Dietz stated there should be language in ordinance allowing for rights of adjacent property owners. He questioned if there were other locations where a property owner can store items on their property. He suggested some setback requirements may be appropriate. Mr. Carlton clarified the minimum setback requirement for an impervious surface is five feet. He stated this property owner would meet ordinance requirements if they 0 1 E I E I I t NATURE City Council Minutes November 2, 2019 Page 5 ( added a concrete surface and move the boat to it. He asked how Council feels about other items such as trailers, campers, and seasonal cars. x Councilmember Ovall stated this may be a good discussion for the ERA community survey process. Councilmember Westgaard concurred with Mayor Dietz stating the ordinance should be revised, but language still needs to give rights to property owners while being cognizant of the neighborhood. Council concurred in directing staff to review alternative options and survey residents. They further suggested researching other communities. There was discussion on whether the boat was considered operable because it wasn't located on a trailer and how other motorized vehicles such as snowmobiles would fit in the parameters. T-mb—S Mr. Carlton reviewed differing types of tarps and questioned which are appropriate. Councilmember Wagner suggested it may not be easy to find manufactured fitted covers for some items. She asked if having a tarp is better than nothing noting people may not want to see the items under the tarp. She suggested some allowance for property owner but having a minimum or maximum square footage that can be covered with a tarp. She suggested if stored in the front yard it is required to have a manufactured cover, if in back, then tarped and tied down on an approved surface. She noted this could also irritate neighbors who see the back yard. Councilmember Westgaard stated back yards are not typically visible to the general public and suggested limiting the amount of front yard storage. Council concurred in directing staff to review the issues further and stated the key is visibility from the public right-of-way. Temporary tent structure Mr. Carlton stated the city can't require building permits for structures smaller than 200 square feet. He stated temporary structures less than 120 square feet are allowed by city code. He discussed snow and wind loads for some structures and building permit requirements. He asked if a structure should be cited if it falls apart. Council concurred a temporary tent structure falling into disrepair should not be allowed. P 0 V F 9 E 1 B1 NATUREI City Council Minutes November 2, 2019 Page G Mr. Carlton further reviewed structures over 200 square feet that don't meet wind/ snow load and also don't require a building permit. He asked if Council would like to amend the ordinance to allow this type of structure. Mayor Dietz stated if it meets the 200 square feet he would be okay with it. 10.2 Repeal and Replace Animal Ordinance Ms. Allard presented the staff report. Councilmember Wagner expressed concerns with monitoring and enforcement regarding owners cleaning up waste on their own property. Councilmember Christianson concurred. Councilmember Ovall noted without some type of language, it would be difficult for staff to enforce issues that would occur. Council directed staff to review the matter for other options. 10.4 Multipurpose Facility Rental Fees Mr. Benoit presented the staff report. Councilmember Westgaard stated the high estimates seem incorrect and half of what they should be set as he compares them to current ice sales. Council discussed the following: ■ Upper lobby segmented areas and questioned if is there an opportunity for combo rate setting ■ Rate comparison of non -city facilities such as Rockwoods or the Crown Room. ■ Senior space rental opportunity. Mr. Portner noted part for the agreement with seniors was for them to have dedicated space. • Community input on fees. ■ Simple rate scale versus non-profit/resident rates and complications with varying rates. • Revenue goals for first year at 20%. Mr. Benoit noted this is a special revenue fund and the objective is to maximize reasonable revenues for what the market would bear. He discussed some of the complications with variable rates and defining the various groups. Council recessed at 8:38 p.m. and reconvened into closed meeting at 8:42 p.m. 11. Performance Evaluation lIIIatI Ir NATUREI City Council Minutes November 2, 2019 Page 7 The council met in closed session pursuant to MN Statute 13D.05, Subdivision 3(a). The purpose of the closed meeting was to discuss the work performance of City Administrator Cal Portner. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:15 p.m. f hn . Dietz, v ayor -r Tina Allard, City Clerk p 0 1 1 R I I N'BY ATURE