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08-03-2020 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, August 3, 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, Planning Manager Zack Carlton, Public Works Director Justin Femrite, Economic Development Assistant Colleen Eddy, 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 6:32 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. Mayor Dietz asked for a moment of silence for Rose Johnson, Big Lake City Councilmember killed last week. 3. Consider Agenda Councilmember Westgaard added multipurpose retail space as item 10.3. Mr. Portner added SAC fees as item 10.4. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Councilmember Wagner indicated she has a change to the July 27 minutes. On page 2 under Street Maintenance she would like the following language added: Mayor Dietz and Councilmember Wagner were not interested in expanding this program due to financial concerns. The Council concurred with the change. Councilmember Christianson pulled item 4.7. for discussion after the consent k6a) agenda. City Council Minutes Page 2 August 3, 2020 Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve: 4.1 Minutes: ■ July 20, 2020, Regular ■ July 20, 2020, Closed ■ July 20, 2020, Special Budget 4.2 Check register as outlined in the staff report. 4.3 Ordinance Amendment: Open Containers in Public Places. 4.4 Temporary On -Sale Liquor License: American Legion. 4.5 Pay Estimates as outlined in the staff report. 4.6 Multipurpose Facility Job Descriptions. 4.8 Hire Megan Leeseberg as Assistant Facility Supervisor effective August 4, 2020, as outlined in the staff report. 4.9 Approve retroactive pay for Multipurpose Facility Superintendent Tim Dalton to July 2, 2020, as outlined in the staff report. 4.10 Hire Police Officer Michael Garber effective August 10, 2020, as outlined in the staff report. 4.11 Master Subscriber Agreement for Minnesota Court Data Services for Government Agencies. 4.12 Hire Police Officer Michael Welsh effective August 10, 2020, as outlined in the staff report. 4.13 Planned Unit Development Agreement: Tall Pines PUD Second Addition. 4.14 Terminate employment of Waste Water Maintenance Mechanic Dale Eckert effective August 3, 2020, as outlined in the staff report. Motion carried 5-0. 4.7 Pandemic Plan Update Councilmember Christianson expressed concern with the changes to the pandemic plan. He explained the plan seems to be in direct conflict with MN Statute 609.735 prohibiting a person from concealing their identity in a public place by means of a robe, mask, or other disguise. He expressed concern with enforcing the mask provision and liability of the mask mandate if someone who is in otherwise good condition falls ill due to wearing a mask. Mr. Portner explained the city is following Governor Walz's Executive Order and assumes the Governor and his staff have fully vetted the statutes and feel comfortable with the Order. He indicated the city can be exposed to potential liability for anything. Councih-nember Christianson questioned what happens if employees do not want to wear a mask. Mr. Portner indicated he tries to educate employees. Councilmember Christianson stated his question is not being answered and he is not comfortable NATUREI U City Council Minutes August 3, 2020 Page 3 with how mask enforcement is being defined and the fact that it's in direct conflict with state statute. He noted the city is bound to follow state statute. Councilmember Ovall questioned if Councilmember Christianson was more concerned with the city liability of requiring masks versus someone getting COVID. Councilmember Christianson explained people can get sick from wearing masks for a long time. Councilmember Westgaard the Executive Order comes from the same place state statutes come from. He added the order states very clearly if wearing a mask is problematic it can be removed for health and well-being and the safety of the individual must remain the priority. Moved by Councilmember Ovall and seconded by Councihnember Westgaard to approve the update to the city Pandemic Plan as presented. Motion carried 4-1. Councilmember Christianson opposed. S. Open Forum No one appeared for Open Forum. 6.1 Proclamation: Together Elk River Spirit Week Ms. Eddy presented the staff report. Mayor Dietz read the proclamation. Moved by Councilmember Wagner and seconded by Councilmember Christianson to proclaim August 23 - 29, 2020, as Together Elk River Spirit Week. Motion carried 5-0. 7.1 Copart of Connecticut, Inc. — Salvage Yard Expansion - 15932 Jarvis Street ■ Preliminary and Final Plat of Cascade Industrial Park Third Addition Right -of -Way Easement Vacation Conditional Use Permit Authorizing a Salvage Yard Mr. Carlton presented the staff report. Mayor Dietz opened the public hearings for all three applications. There being no one to speak to this issue, Mayor Dietz continued the public hearing for all three applications to August 17, 2020. Moved by Councilmember Wagner and seconded by Councilmember Christianson to continue the public hearings to August 17, 2020. Motion carried 5-0. r o w e n E i B P NATURE City Council Minutes Page 4 August 3, 2020 8.1 Windsor Park 3rd Addition Mr. Femrite presented the staff report. Mayor Dietz expressed concern with the 17% of the homeowners who are not in favor of this project. He explained he has concerns about the cost increasing for some if properties drop out during the appeal process. Mr. Femrite indicated the assessment hearing is held prior to awarding the bids and it is within the rights of the Council to stop the project. He added the Windsor Park 3rd Homeowner's Association is brainstorming options to underwrite costs for those owners who oppose the project and work out payment options. Mayor Dietz questioned if the amount of the assessment would stand up in court. Mr. Femrite indicated based on guidance from our city attorney he believes it would. Mayor Dietz questioned if financing is an option. Mr. Femrite explained the assessment rate and terms would be set at the assessment hearing. He indicated a discussion on the potential for city participation on some oversizing costs could also be discussed. Councilmember Wagner questioned if participation at the homeowner's association meeting was 100%? Carolyn Bammert, HOA treasurer, 13701 214r' Court NW, indicated all association members were notified by letter and of those that didn't participate, eight voted against, two abstained, and five didn't participate but expressed approval. Moved by Councihnernber Westgaard and seconded by Councilmember Christianson to adopt resolution 20-45 receiving the Feasibility Report for the Windsor Park 3`d Addition sewer extension project and calling for a public hearing. Motion carried 5-0. Moved by Councilmernber Wagner and seconded by Councihnernber Westgaard to adopt resolution 20-46 authorizing preparation of plans on the Windsor 3" Addition sewer extension project. Motion carried 5-0. Councilmember Westgaard indicated he would like the assessment process shared with all homes in the development and not just the members of the homeowner's association. Mr. Femrite stated official notice will be sent to all 88 homes in the development. 8.2 Continue Suspension of Temporary Sign Fees and Standards Mr. Carlton presented the staff report. aA E a a TVURE City Council Minutes August 3, 2020 Page 5 Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve an extension to the suspension of temporary sign permit fees and standards to September 30, 2020. Motion carried 5-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Wagner indicated she would like special event races discussed by September as non -profits are already trying to plan races for next year. She added a large race was just denied by city staff and we need to make sure we are good community partners and helping as we are able. Mr. Portner indicated he spoke with the police chief and he is close to having the information completed. He added city staff is working with the organizers of the recently denied race to come up with a solution. 9. Council Liaison Updates Council provided updates of various advisory board activities as noted in the respective board or commission minutes. Council recessed at 7:13 p.m. to go into work session. The meeting reconvened at 7:16 p.m. 10.1 Provide Direction Regarding Council Wards Mayor Dietz asked if the Council is interested in considering the elimination of the elective Council ward system currently in place. He provided a brief history of the ward system. Councilmember Christianson stated he believes the advantage for the ward system is for each councilmember to form a relationship with the people in their neighborhoods. He believes all four parts of town have different factors and believes the areas are best represented by someone who lives in and is familiar with the area. Councilmember Westgaard indicated eliminating the ward system could force councilmembers to know and understand all areas of the city which wouldn't hurt the council when making decisions. He stated it doesn't matter to him as he has always taken the approach to review a request to see if it is consistent with the city vision as a whole as he believes all councilmembers represent everyone. He added some residents get confused on who their representative is and they should be able to call whoever they are comfortable with. Councilmember Ovall indicated he could see eliminating wards as a barrier to campaigning for time, energy, and resources. Councilmember Wagner stated she sees advantages and disadvantages to both. P 0 V E A E 0 e r ATUREJ City Council Minutes August 3, 2020 Page 6 Councilmember Westgaard indicated the Council should decide prior to redistricting next year. Mr. Portner explained eliminating wards may not be as simple as changing the ordinance because of how it was enacted. He stated he asked the city attorney not to do too much research until the Council provided direction. The Council agreed having information on what is required to eliminate wards may be helpful in deciding. Council consensus was for the city attorney to conduct research on what would be required to eliminate wards and bring back to a future meeting. 10.2 Temporary Service Signs in Downtown Mr. Carlton presented the staff report. Councilmember Wagner indicated she received a message from a downtown property owner inquiring about saved parking spots on Main Street. The property owner expressed an interest in having a designated spot if the downtown restaurants are allowed to designate spots. Councilmember Christianson questioned who polices this. Mr. Carlton indicated typically police would handle parking and code enforcement would handle issues behind the property line. The Council discussed and the following comments were addressed: • If every business gets a spot it would take all of Main Street and could create a bigger issue. • Possibly define a few spots for curbside pickup. • Pickup spots could be unnamed allowing any business downtown to utilize them for curbside pickup. • Set a time limit for the curbside pickup spots. • May be difficult to police. The Council leaned towards setting aside a few unnamed parking spots with a parking time limit for curbside pickup in different areas of downtown for all businesses to use. Debbi Rydberg, Elk River Area Chamber of Commerce, indicated most businesses downtown are not 100% open and are doing a lot of curbside business. She stated it might make sense to have a few spots on each side of Main Street designed for curbside pickup with a time limit. Councilmember Wagner indicated she will bring this to the next downtown business meeting and talk to Mr. Carlton after the meeting so he can bring back for Council discussion in September. She noted not every downtown business is a member of NATURE PI City Council Minutes Page 7 August 3, 2020 ----------------------------- the group and she may email the information out to members, so they are ready to discuss at the next meeting. The Council discussed enforcement. Council consensus was to wait until a decision is made to begin enforcement. Council asked for Mr. Carlton to conduct parking counts and bring back recommendations on designated parking spots in September after Councilmember Wagner has had a chance to discuss with the downtown business group. 10.3 Retail Space in Multipurpose Facility Councilmember Westgaard indicated the city has a letter of interest from someone interested in leasing space at the multipurpose facility. He explained a lot has happened in the business community since the letter was submitted and the person interested is asking if the Council will be lenient on the space build out timeline. He questioned if the Council was comfortable allowing the person to hold off until spring given the current conditions and building climate. Mr. Portner stated the city has another interested party, but that person has been told the city already has a letter of interest. Councilmember Ovall indicated the city spent a lot of money to add this retail space on to the facility and the original agreement was for the business owner to commence build out once the Certificate of Occupancy was received. He suggested providing the current business owner with first right of refusal. Council consensus was to respond to the current business owner with the Council direction and providing her with the option for first right of refusal. 10.4 SAC Fees Mr. Portner indicated Planet Fitness has told the city the SAC fees are cost prohibitive to the project. He stated representatives called him Friday afternoon requesting the Council discuss the issue. He outlined a couple options for fee relief. He explained the EDA has a policy that allows restaurants to divide payment of SAC and WAC fees over five years. He added the fees are added to the restaurant's utility bill and the city can assess the fees if not paid. He indicated the EDA policy could be amended to include other types of businesses if the Council wishes. Mr. Portner stated another option is a lookback. He explained the Council had the same discussion about Nature's Dry Cleaning when the owner claimed his machines wouldn't use enough water to justify the SAC fees. The Council agreed to review his usage after three years and amend the fees. The owner ended up being correct and the city refunded a portion of his fees. P© it E R E! B r NATUR City Council Minutes August 3, 2020 Page 8 Councilmember Wagner questioned if other fitness centers opening in the last five years had the same option. Mr. Portner stated the main difference between this, and other fitness facilities is the square footage. She indicated she would be upset if she was another fitness facility owner. Mayor Dietz would like staff to obtain information on usage and SAC fees for other fitness facilities to see if the SAC fees were appropriate based on their usage. He noted reducing the fees for one facility may cause issues with other facilities. Councilmember Westgaard cautioned reducing fees or agreeing to a lookback approach could be dangerous as every business paying a SAC fee could request a lookback. He added if the Council agrees to a lookback, he would like to see a framework or policy going forward for SAC fees. Mayor Dietz suggested staff bring back information on other fitness center usage. He explained if this becomes a bigger issue and involves the entire city it would be a reason to deny. Councilmember Ovall indicated he likes the option to assess the SAC fees so a business can pay over a five-year period. Council consensus was for staff to research and bring back information prior to the Council deciding. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:02 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk PI■EIEI a NATURE