Loading...
12-16-2019 CCMMembers Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, December 16, 2019 Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner None Staff Present: City Administrator Calvin Portner, Chief of Police Ron Nierenhausen, Planning Manager Zack Carlton, Street and Park Superintendent Tim Sevcik, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Public Works Director/Chief Engineer Justin Femrite, and Deputy Clerk Jessica Miller 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 6:04 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Councilmember Ovall requested item 4.5 be removed from consent and discussed after item 8.3 Councilmember Christianson requested removal of item 4.14 from consent due to a conflict of interest. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 Minutes ■ November 18, 2019 ■ December 2, 2019 4.2 Check register, check numbers 112812-112988 as outlined in the staff report. 4.3 Resolution 19-69 scheduling a public hearing for municipal consent of the final layout for the Trunk Highway 10 reconstruction from Xenia Avenue to 0' Street and the trail construction from Simonet Drive to Lowell Avenue. 4.4 Resolution 19-70 making finding of fact and denying an ordinance amendment allowing auto sales in the FAST — The Point zoning district. City Council Minutes December 16, 2019 Page 2 4.6 Appoint Jayme Swenson to the Housing and Redevelopment Authority for a term beginning January 1, 2020, and expiring December 31, 2024. 4.7 Position descriptions for juvenile detective sergeant and investigative assistant. 4.8 Ordinance 19-25 amending Chapter 38, Article V, regarding gambling. 4.9 Purchase and installation of playground equipment and eight dugouts for the Youth Athletic Complex. 4.10 Resolution 19-71 approving the 2020 Compensation Plan for non - organized employees. 4.11 Resolution 19-72 agreeing to provide local match funding and maintenance for the two trail gap segments for the transportation alternatives 2024 federal funding solicitation process application. 4.12 Pay estimates as outlined in the staff report. 4.13 Planned Unit Development Agreement for Mulvaney Point Townhomes. Motion carried 5-0. 4.14 Waste Management Elk River Landfill Waste Agreement Councilmember Christianson pulled this item from consent because he is employed by Waste Management. Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve the Waste Management Elk River Landfill Waste Agreement 2019-26 as outlined. Motion carried 4-0. Councilmember Christianson abstained. S. Open Forum No one appeared for Open Forum. 6.1 Recognition of District 30A House Representative Nick Zerwas The City Council thanked Representative Zerwas for his service and Mayor Dietz presented him with a plaque. Representative Zerwas thanked the Council for their support as well. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the December Volunteer of the Month award to Ken and Irene Shaw. He highlighted the following: " Organized over 19 projects for 220 volunteers for the Great Day of Service in September of 2019. ■ Over 100 volunteer hours as church nursery leaders. ■ Assisted with Eagle Scout project at Elk River Maintenance Facility. ■ Supported youth at Scout Camp. ■ Assisted in Board of Review for Scout rank advancement. ■ Volunteer church service as Young Single Adults Program Advisors for over 570 young single adults spanning over 11 church congregations. NATURE City Council Minutes Page 3 December 16, 2019 ----------------------------- ' 6.3 Recognize Promotion of Detective Andrew Zabee to Patrol Sergeant Chief Nierenhausen provided some background on Andrew Zabee. Mayor Dietz presented the Oath of Office to Andrew Zabee. 7.1 Copart of Connecticut, Inc., 15932 Jarvis Street NW A. Easement Vacation: Right -of -Way B. Simple Plat: Cascade Industrial Park Third Addition C. Conditional Use Permit to Operate a Salvage Yard Mr. Carlton 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 until January 21, 2020. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to continue the public hearing for Copart of Connecticut, Inc. until January 21, 2020. Motion carried 5-0. 7.2 Interim Use Permit: Verizon Wireless, 17610 Tyler Street NW — Install a Temporary Telecommunications Tower 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 Wagner and seconded by Councilmember Ovall to approve the request by Verizon Wireless for an Interim Use Permit with the following conditions: 1. The Interim Use Permit shall expire on December 16, 2021, or upon removal of the temporary tower facility. 2. The city shall approve a lease agreement with Buell Consulting, Inc./Verizon Wireless prior to construction or installation of any equipment. 3. Sidewalks shall not be obstructed and must remain open to non -motorized traffic at all times. 4. Roads must be kept free of debris at all times during construction and operation. Sweeping must be completed within 12 hours of notification. 5. After the Interim Use Permit expires or the use has ceased, the site must be returned to its original condition within 30 days. Motion carried 5-0. 8.1 Sidewalk Machine Replacement Mr. Sevcik presented the staff report. %0) Discussion took place on the purchase of a trackless sidewalk machine. Mr. Sevcik noted P 0 N E 0 E 0 0 Y NATURE City Council Minutes Page 4 December 16, 2019 if purchased, the trackless may not arrive for this winter season. Councilmember Wagner indicated she has concerns about spending $150,000 to purchase a machine that potentially won't even be available for use this season. The Council concurred. Mr. Sevcik indicated the city has been renting a skid steer from Lano Equipment while the current equipment is repaired. He stated the city has the potential to continue renting the skid steer in the event of a breakdown until the new trackless arrives. He noted the skid steer is available on a first come, first serve basis so there is a chance it won't be available in the event of an emergency. The Council expressed an interest in taking more time to make a long-term decision such as this. It was noted if necessary, the purchase could be accelerated for delivery in time for next winter. Mayor Dietz recommended leasing the skid steer for the remainder of the season to ensure its availability. Mr. Sevcik noted it is unclear how the skid steer will handle additional snow build up and a blower attachment is not available for rent for the skid steer through Lano Equipment. He added a blower attachment can be purchased for approximately $7,000. Council consensus was for staff to negotiate with Lano Equipment for lease of the skid steer for the remainder of this winter season and for staff to purchase a snow blower attachment for the skid steer for approximately $7,000. 8.2 Declaration of Public Nuisance and Abatement Order Mr. Carlton presented the staff report. Kurt Glaser, Smith/Glaser Law Firm, presented an overview of the court ordered abatement on behalf of the city prosecuting attorney. He explained the process and answered the Council's questions. Mayor Dietz questioned if the property owners are aware of this meeting. Mr. Carlton indicated he spoke with the property owners by phone last week and sent them the staff report. Kent Rasmussen, 1772 Tipton Circle NW — explained he believes the yard is fairly cleaned up indicating the pictures staff has are not updated. He indicated he is working with Sherburne County on some assistance and requested this declaration be pushed off. The Council agreed this item has been postponed enough and the city needs to move forward. It was noted the city can put the abatement in place but if Mr. Rasmussen continues to make progress it may not have to be used. Mr. Rasmussen questioned the process for obtaining a variance to construct an additional garage. He feels the additional storage would solve the problem. He also questioned the process for zoning nearby property to commercial. Mr. Rasmussen was directed to speak to Mr. Carlton about the variance and rezoning procedures. NATUR UR City Council Minutes December 16, 2019 Page 5 Mr. Glaser noted once obtained the direct order will allow the city to enter the property, but staff can continue to work with the property owner to get voluntary compliance as they see fit. Mr. Beck added the city previously worked on a voluntary arrangement with the property owners, but the owners never signed it and this time the city is seeking the court ordered abatement. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to adopt resolution 19-73 declaring the property at 1772 Tipton Circle NW a public nuisance and ordering the abatement of the public nuisance. Motion carried 5-0. Mr. Rasmussen indicated he feels like he's getting railroaded. Mr. Glaser stated he will speak with Mr. Rasmussen outside and explain the process. 8.3 Summary of City Administrator's Performance Evaluation Mayor Dietz read a statement regarding the city administrator's performance evaluation as outlined in the staff report. 4.5 Ordinance Repealing and Replacing Chapter 10 Related to Animal Regulations. Councilmember Ovall indicated he received a call inquiring whether the 50% neighbor requirement was removed. Mr. Portner indicated staff worked with City Prosecuting Attorney Scott Baumgartner to include language that can be prosecuted. The old requirement required 50% of the neighbors to complain before a complaint could be prosecuted. He explained past practice has been for complaints to be investigated by the Police Department prior to speaking with the animal owner and this is consistent with how the new ordinance is written. Attorney Beck indicated his recollection is for misdemeanor citations, officers must witness the violation in any case, and he believes Mr. Baumgartner and Chief Nierenhausen revised the ordinance language to be enforceable. Councilmember Wagner verified the current ordinance allows up to three dogs rather than three animal units. Mr. Portner indicated it is three dogs. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to adopt ordinance 19-25 repealing and replacing chapter 10, relating to animal regulations. Motion carried 5-0. The City Council recessed at 7:22 p.m. in order to go in to work session. The meeting reconvened at 7:29 p.m. 9.1 Regional Planning Partnership 0 Mr. Portner presented the staff report. EN"AU AEI 'r �i City Council Minutes December 16, 2019 Page 6 County Commissioner Tim Dolan provided an overview of the Regional Planning Partnership. Councilmember Wagner indicated her first reaction is Elk River would want to be part of the group as what happens to the west affects Elk River. Commissioner Dolan explained the meetings are open to the public and can be attended to see if the Council feels there is value. Councilmember Westgaard questioned the time commitment. Commissioner Dolan indicated the meetings are typically held once a month but may become more frequent as the group works through the study. Mayor Dietz thanked Commissioner Dolan for his time asked if someone attends the next meeting to report back to Council. 9.2 Park Dedication Mr. Carlton presented the staff report. Attorney Beck presented background on park dedication limits. He noted not many cities have gone through the effort Elk River did to get to a number that complies with constitutional requirements. He added in his experience our approach is as development friendly as any other city with a few exceptions. Pat Briggs, Briggs Companies, handed out an agenda and reviewed his project. Mayor Dietz asked Parks and Recreation Commission Chair Dave Anderson to weigh in on how the city accepting Mr. Brigg's 12 acres of land to reduce his park dedication would benefit the parks. Chair Anderson indicated the Parks and Recreation Commission reviewed the request twice and did not come up with a good enough use for the land and instead requested the park dedication be paid in cash. He stated they could review the request again but he's not sure the decision would change. Councilmember Westgaard questioned how many of the 12 acres is floodplain. Mr. Carlton stated 9.6 acres is in the flood plain. The Council expressed concern with accepting flood plain as park dedication. Mr. Briggs explained he envisions the area be used for a wild and scenic use and he is not interested in bringing pedestrian traffic to private property. Councilmember Christianson questioned what the city can do to work with the developer to develop this vacant property. 111EIEI II NATUREI City Council Minutes December 16, 2019 Page 7 Attorney Beck explained the Council can waive whatever requirements they wish but in order to not set precedent, the Council should outline good, rational findings in a resolution. Mr. Briggs stated he is very interested in putting together a joint venture with the city to create a win-win for everyone. He has concerns with ruining the wildlife area by creating a walking path. He stated he is not interested in owning property with a trail due to risk management and would like the city to own and police the property if they insist on putting a trail in. Council consensus was to schedule this item for an upcoming City Council meeting night with a light agenda to allow ample time for discussion. Mr. Portner indicated staff should be able to add to a January meeting. 9.3 Advisory Board Review Mr. Portner presented the staff report. Heritage Preservation Commission Councilmember Wagner is the liaison to the Heritage Preservation Commission and provided an update on current projects. She stated the discussions are great when they meet but the projects may not be as fruitful as the commissioners would like. She added one of her concerns is attendance varies and with so few commissioners, it can be difficult to spread the work. She would like to hear how the commissioners feel. HPC Commissioner Lance Lindberg stated he is trying to get histories put together for the city website and get back to completing oral histories. He added sometimes there is more going on than other times. Mayor Dietz commented as long as he has been on Council, the HPC has always been the most difficult to recruit members. He also expressed concern with the number of cancelled meetings. HPC Chair Debra Mortensen, expressed concern with the city questioning the commission. She explained the HPC used to meet monthly and then voted to meet quarterly. She finds it difficult to get anything done meeting so infrequently. She would like to see the commission meet more frequently and she reviewed some ideas she has for commission projects. HPC Commissioner Mauren stated current HPC projects don't lead to Council recommendations very often and he suggested reviewing HPC duties and making more recommendations to the Council. Councilmember Christianson questioned if Commissioner Dolan would be willing to discuss expansion of the HPC with the County Board. Council consensus was for Commissioner Dolan to bring to the County Board of Commissioners and report back to Council. I0 N E A E 1 0 T ATUR City Council Minutes December 16, 2019 Page 8 Councilmember Westgaard explained all commissions move at different paces and it may be help to clarify the expectations and amount of deliverables the Council expects from the HPC. Members of the HPC expressed interest in possibly changing the frequency of their meetings. Mr. Portner suggested removing language regarding HPC membership and procedural rules from ordinance and creating bylaws to clarify the number of meetings, membership makeup, and officers. Library Board Councilmember Christianson indicated he is not in favor of getting rid of any boards or commissions unless the issue is brought forward by that board or commission. Mayor Dietz indicated the goal is to make sure the commission is a good use of commissioner's time. Library Board Member Mary Keifenheim explained it has recently become clear the Library Board may have been focusing on issues already being handled by staff. She indicated the board has potential and wants the best possible library for all users. She suggested the board could represent the city to the library and the library to the city. Library Board Member Carole Boelter feels the board is a good use of her time. She believes it is important to have citizen input on the board and believes the current board is a dedicated group. Mayor Dietz noted the Great River Regional Library Board handles the programming and circulation. He noted communication between library staff and the city has been an issue and he would like if Great River Regional Library would allow library staff to interact more with city staff. Councilmember Christianson suggested shifting some of the focus of the Library Board to being a conduit between the library and city staff. He suggested discussing communication at the next Library Board meeting. Commissioner Keifenheim believes the Library Board could be more effective doing outreach and making the Library more visible as a community asset. She stated they would like to talk to other library boards and present it to the Council. Mayor Dietz suggested the Library Board present the information to Councilmember Christianson and he can report to the Council. Mayor Dietz appreciates the dedicated members of the Library Board. He suggested the Board revise their mission statement to be presented to the Council. Mr. Portner indicated changes to meeting times, frequency, etc. can be made via the Library Board bylaws. Library Board Member Rita Dreissig appreciated the Council feedback noting she P 0 W E 0 E 1 l r NATURE City Council Minutes Page 9 December 16, 2019 believes the Council has given the Board plenty to work on. Ice Arena Councilmember Westgaard stated the Ice Arena Commission hasn't had any quorum or meeting issues. He explained he believes a broader commission may be needed to cover the needs of the new Multi -Purpose facility. The Council discussed the current duties of the Ice Arena Commission. Mayor Dietz indicated if the Ice Arena Commission remains in existence it will have to change to accommodate the turf, seniors, meeting rooms. Councilmember Westgaard concurred. Discussion took place about possibly having the Parks and Recreation Commission take on overseeing the multi-purpose facility. In the end, the Council agreed the Parks and Recreation Commission has enough to work on and the commission overseeing the multi-purpose facility should include members from the various user groups. Discussion took place on how to go about forming a new commission. Mr. Portner indicated he will have staff put together some options for Council discussion in January or February. Councilmember Ovall indicated he would like staff input on what they would like to get from the various commissions. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:49 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk P] P 0 M E A 1 0 S Y N" AfUR