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02-18-2020 Regular CCMMeeting of the Elk River City Council ver Held at the Elk River City Hall Tuesday, February 18, 2020 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. Communications Coordinator Kaylin Clement, Economic Development Specialist Colleen Eddy, Parks and Recreation Director Michael Hecker, Senior Planner Chris Leeseberg, Planning Manager Zack Carlton, and Finance Director Lori Ziemer 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 Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve the following: 4.1 Hire Dawson Olson as community service officer I effective March 2, 2020. 4.2 Check register, check numbers 113495-113702 as outlined in the staff report. 4.3 Certification between the Minnesota Department of Natural Resources and the City of Elk River for General Obligation Bond Financed Property for the Lake Orono Restoration and Enhancement Project. 4.4 Consumption and Display Permit to Superior Studios, Inc. DBA Board and Brush Creative Studio valid through March 21, 2021. 4.5 Resolution 20-12, the 2020 Maintenance Agreement between City of Elk River and Wright County for routine maintenance on Parrish Avenue Bridge. City Council Minutes February 18, 2020 Page 2 4.6 Resolution 20-13 approving State of Minnesota Joint Powers Agreement with the City of Elk River on Behalf of its police department to fund changes to the current records management system. 4.7 Pay estimates as outlined in the staff report. 4.8 Hire Jacob Kuntz to position of street maintenance operator II effective February 24, 2020. 4.9 Resolution 20-14 consenting to the bank financing for the Elk River Branch of the Boys & Girls Clubs of 10,000 Lakes. Motion carried 5-0. S. Open Forum The following comments are regarding proposed Sherburne County road improvements for County Road 12. Judith Free, 10807 180th Avenue, stated she is the secretary of the Trout Brook Townhome Association. She discussed the dues collected and the work by the members to maintain a nice entrance. She expressed safety concerns with some of the options under consideration and feels the roundabout option with the right- in/right-out was the best solution. Curt Dahn, 10843 180`' Avenue, stated he is the president of the Trout Brook Association. He stated he is concerned about the crime the traffic could bring to his neighborhood. He is in favor of the right-in/right-out option. Gerald Theiringer, 17913 Tyler Drive, asked the Council to keep them informed of the project and allow for an opportunity to comment. Jon Spencer, 17909 Tyler Street, expressed concerns with his child not being able to play in his front yard. He stated he would like to have his neighborhood to remain family oriented. David Lang, 10813 180t' Avenue, stated he concurs with the other speakers. He stated the entrance should be on County Road 12 and not routed through a residential area. He also expressed concern with having the entry located by the power lines. Mayor Dietz stated the group will be kept informed of the project. He questioned staff as to status of the project. Mr. Portner stated city staff reached out to the county and updates are in process but there is no news at this time. p 0 if F ARE 1 1 1 NA 1 UR City Council Minutes Page 3 February 18, 2020 ----------------------------- 6.1 Mayor for a Day Winners Ms. Clement presented the staff report. Both students read their essays. Mayor Dietz discussed the adopt a park program and noted he and his wife both participate in it. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the February Volunteer of the Month award to Judy Thompson. He highlighted the following: ■ Community Aid Elk River (CAER) volunteer for more than 20 years for approximately 10 hours per month ■ CAER coordinator at United Methodist Church ■ Work with kids' meals and providing a good shopping experience for CAER patrons ■ Election judge 6.3 Introduction of New Employees Various staff introduced new employees at outlined in the staff report. 6.4 Manufacturing Week Video Ms. Eddy presented a local Minnesota Manufacturing Video. 6.5 Pinewood Golf Course, Chris Singer Mr. Singer provided an overview of the 2019 golf season as outlined in his presentation. He discussed sales between 2018 and 2019 and goals for 2020. Mayor Dietz questioned the funding for the golf carts for 2020. He also questioned the net profit for the golf course. Mr. Singer stated it is a city -expected expenditure budgeted for 2019 but was pushed back a year by Council. He further stated profits were in the mid thirty thousand range, but the audit has not been completed so he doesn't have the final numbers. Mayor Dietz requested to see the final financials once the audit is completed. 7.1 Zone Change from Single Family Residential (R I C) to Residential Townhouse/Multi Family (113), Sogdiana LLC/Zafar Khamdamov, 732 Vernon Avenue Mr. Leeseberg presented the staff report and noted the application has been withdrawn. 1N"Aw"T'U'AR'Ei City Council Minutes Page 4 February 18, 2020 7.2 Conditional Use Permit to Operate Cutting Tool Sharpening and Repair Home Occupation, Robert Kendrick, 931 Elk Lane 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 Christianson and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No, CU 20-02 with the condition all openings to the accessory structure be closed when the operation of tools associated with the business are utilized in accordance with Section 30-654. Motion carried 5-0. 7.3 ISD 728 Parking Lot Expansion 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 to March 2, 2020. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to continue the public hearing to March 2, 2020. Motion carried 5-0. 8.1 Information Security Committee Member Appointment Mr. Portner presented the staff report. Moved by Councilmember Ovall and seconded by Councilmember Wagner to appoint Councilmember Christianson as a member of the Information Security Committee. Motion carried 5-0. Representative Paul Novotny stated he met with MN/DOT to express concerns about the Highway10 & Highway 101 interchange. He stated they indicated to him the stop light would be eliminated. He further noted the pedestrian bridge is proposed to be kept in the 169 Redefine project. 8.2 Recreation Facility Naming Rights Consultant Mr. Portner presented the staff report. r G W t l E l I Y VfUr- City Council Minutes February 18, 2020 Page 5 Councilmember Christianson stated he felt it was important to go with a local company and selected Front Burner. He stated he sees more flexibility and ability to answer questions with a local company and noted they are the lowest bid. Councilmembers Wagner and Ovall concurred Councilmember Christianson stated he'd like the proceeds to go directly to the cost of paying down the Active Elk River project. Councilmember Westgaard concurred with Front Burner. He noted construction costs are covered by the Local Option Sales Tax and this opportunity for revenue capture should go to future expenses such as maintenance and expansion. Mayor Dietz agreed with Councilmember Westgaard and stated any proceeds should go into a sinking fund. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to direct staff to work with Front Burner on an agreement for naming rights. Motion carried 5-0. Council recessed at 6:58 p.m. and reconvened at 7:04 p.m. 9.1 Advisory Group Interviews Council interviewed the applicants for various advisory board openings. Moved by Councilmember Wagner and seconded by Councilmember Ovall to make the following appointments to the Arena Commission with a term expiration of February 28, 2023. ■ Brian Balabon ■ Matt Westgaard ■ David Williams Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to make the following appointments to the Energy City Commission with a term expiration of February 28, 2023. ■ Aaron Brixius E Garrett Christianson ■ Becky Herbert Motion carried 5-0. A P 0 w E n E 1 0 1 NATURE City Council Minutes February 18, 2020 Page 6 Moved by Councilmember Westgaard and seconded by Councilmember Ovall to make the following appointments to the Heritage Preservation Commission with a term expiration of February 28, 2023. Lance Lindberg Debra Mortensen Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to make the following appointments to the Parks and Recreation Commission with a term expiration of February 28, 2023. ■ Mike Niziolek • Andy Solvedt Motion carried 5-0. Moved by Councilmember Ovall and seconded by Councilmember Wagner to make the following appointments to the Planning Commission with a term expiration of February 28, 2023. ■ Alexander Feinstein • Jill Larson -Vito Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to make the following appointments to the Utilities Commission with a term expiration of February 28, 2023. • Allan Nadeau • Matt Westgaard Motion carried 5-0. Council consensus was to retain the applications of Jeff Hendrickson and Joy Goodwin for future consideration on the new commission regarding the multipurpose facility. 9.2 Ordinance Updates: Code Enforcement Violations Mr. Carlton presented the staff report. Vehicle Parking & Storage There was discussion over the definition of storage. O M E N E B B 1 NATUR City Council Minutes February 18, 2020 Page 7 Councilmember Wagner expressed concern limiting vehicles to two in driveways in front yard. She stated some neighborhoods don't have a side yard and there may be kids in the family who also drive. She also discussed summer recreation of Minnesotans. She stated it could be difficult to track time such as whether something has sat for a weekend versus a longer time period. Councilmember Westgaard stated it can be a gray area differentiating between operable and stored vehicles, which should be more clearly defined. Councilmember Christianson stated the recommendations are too restrictive. He stated the term Operable is a key word to define better. Mr. Carlton stated vehicles could be exempted from the ordinance with the focus more on recreational type vehicles. He questioned seasonal storage and asked if parking an RV from October through April would be an issue. Mayor Dietz stated yes. Councilmember Westgaard noted seasonal vehicles will vary depending on the time of year. He also questioned at what point a yard goes from storage to looking like a junk yard. He stated boats should be on trailers and vehicles should have full tires and not be on blocks. He noted regulations can vary throughout the city and the issue may be in the neighborhoods where the lots are much smaller. Council liked the seasonal approach. Mr. Carlton questioned if parking in the rear yard would be okay. Councilmember Westgaard stated he is okay with allowing it and not requiring an approved surface. Mr. Carlton suggested establishing maintenance standard so tall grass and trees don't grow in and around the stored items. Council concurred. Councilmember Christianson stated he is stuck on the seasonal aspect. He stated he is not sure it's right to tell people they can't use their driveway as they see fit, but the give would be allowing use of the back yard. He questioned if Council is going to tell people they can't store their recreational vehicles in their driveway, when they are operable, on an approved surface, and in good repair. Ta s Councilmember Wagner stated she would be surprised if the city approached her and said she couldn't have a tarp in her front yard in an urban area. She stated they should not be permitted for covering junk and debris. 0 P 0 N E A E 1 0 r NATUR City Council Minutes February 18, 2020 Page 8 Councilmember Christianson felt they were acceptable for operable cars, boats, and RV's. Councilmember Westgaard questioned the type of tarp allowed, such as a manufacturer cover versus the generic type sold in home stores. He stated tarps should be defined. He is okay with allowing them in the front yard, but they should look nice. Attorney Beck noted definitions need be very clear for the city prosecutor. He stated the clearer and more specific the ordinance, the more success the city will have in addressing the issues. Temporary Structures Council consensus was to allow them, but they must be in good condition. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:07 p.m. Bohn ADietz, A ayor '—� (C Tina Allard, City Clerk P 0 i E A E 1 i Y NATURE