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09-20-2021 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, September 20, 2021 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Finance Director Lori Ziemer, City Attorney Peter Beck, City Prosecuting Attorney Scott Baumgartner, Engineer I Ryan Sandhoefner, Economic Development Director Brent O'Neil, Tim Trebesch, Code Enforcement Official, 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 6:02 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councihnember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve: 4.1 Minutes • September 7, 2021, Regular • September 7, 2021, Closed (property) • September 7, 2021, Closed (Union) 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Partners Commitment Letter: Conservation Partners Legacy Grant Application. 4.5 Resolution 21-62 approving the plat of Island View Seventh Addition. 4.6 Resolution 21-63 approving the Final Plat of Broadway on 10 with the following conditions: City Council Minutes September 20, 2021 Page 2 1. Satisfaction of all requirements for approval of the preliminary plat and associated conditional use permit (CU 21-10). 2. Approval of all permits regarding wetland impacts and mitigation. 3. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 4. Park Dedication shall be paid in the amount required by the city when the final plat is released for recording). 5. Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording. 6. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 7. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the Public Works Director must be secured. 8. The Development Plan shall be approved by the public works director prior to issuance of building permits. 9. Staff approval of all plans prior to releasing the plat for recording. 10. All mailboxes shall be clustered. 11. Any item or condition found that indicates the site is likely to yield information important to pre -history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 4.7 Crime prevention specialist position description and approval to fill the position in 2021. 4.8 Change order for the public safety expansion project as outlined in the staff report. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the September Volunteer of the Month award to Hal Stewart. He highlighted the following: • Steward at William H. Houlton Conservation Area. • Works on projects with Friends of the Mississippi. • Member of Woodland Trails Park Volunteer Advisory Committee. ■ Participates in the Sherburne County Citizen Pruner program. ■ Registered volunteer with the Sherburne National Wildlife Refuge. • Regular blood donor for the American Red Cross. ■ Advocate for trails and safe biking throughout the region. laVIaII 11 NATURE City Council Minutes September 20, 2021 7.1 2021 Comprehensive Plan Update Mr. Carlton presented the staff report. Page 3 Brandon Nolin, Houseal Lavigne and Tim Thoreen, HR Green provided a high-level overview of draft Comprehensive Plan. Mayor Dietz opened the public hearing. He asked for staff to track all questions and concerns so they can be addressed at the conclusion of the public hearing. Vickie Stevenson, 19850 Watson Circle NW, expressed concerns about parking and accessing potential trails in her area. She has concerns with the Council making decisions regarding her neighborhood when many of them are not familiar with the area. She also asked for someone to define affordable housing for her. Chris Stearns, 12268 Ridgewood Drive NW, expressed concerns about what is not included in the plan such as a pool, community center, splash pad, etc. She would like to see parks and trails and other amenities included in this plan, so residents don't have to look at so many different plans. She also had concerns about the cost of utilities. + Mary Blood, 10900 177' Court NW, indicated the city needs a community center and a place to, hold meetings and events. She added she doesn't believe there is a need for city water and sewer in Ridgewood. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Mr. Carlton addressed the following questions and concerns raised during the public hearing: Trail connections in Ridgewood (specifically the north) He stated there are a handful of places where right-of-way had been stubbed in to provide direct access, some of which have been acquired by the Ridgewood Homeowner's Association but there are still some city -owned rights -of -way that connect to the green space. If parking is available on the city street the trail goers would be able to park there and access the green space through the city easement. Public utilities in Ridgewood (expansion of the Urban Service District) Mr. Carlton indicated there are no plans or studies underway at this time to install public utilities in the Ridgewood neighborhood. He noted this plan is used for long- range planning and growth. He noted that extensive studies and public hearings would be held prior to public utilities being installed in an existing neighborhood. Concerns about residents being assessed for mad repairs on dead end streets f B■ I A I 11 ATURE City Council Minutes September 20, 2021 Page 4 Mr. Carlton explained the city has moved away from roadway assessments and it utilizes franchise fees to pay for road repairs so individual residents would not be assessed for the repairs. Properly south of Government Center (adjacent to the jail) Mr. Carlton explained this area is recommended as mixed residential which would include attached and detached townhomes and smaller lot single family residential. He added large apartments are reserved for multi -family residential. He stated staff and any proposed developer would work closely with the owner, Sherburne County, for security concerns on any proposed development. Affordable housing definition Mr. Carlton indicated that is a big question as affordable housing has multiple definitions. He stated affordable housing is generally based on the median income of the city and county and rents are adjusted to meet a certain percentage of that median with additional funding coming from -state grants. He noted Common Bond is a recent affordable housing project. He explained as housing prices increase, we want people who may not qualify for affordable housing to have more affordable options such as duplexes, triplexes, and townhomes. Mixed Use along 169 (orange color on map) Mr. Carlton explained this area is proposed as mixed residential which includes attached and detached townhomes and single-family residential homes on smaller lots. He added large apartments would be reserved for the multi -family district (brown color on map) such as around Lions Park. Neighbors notgetting notified Mr. Carlton indicated staff had long conversations with the Comprehensive Plan Advisory Committee, which included Councilmembers Westgaard and Christianson, about how to get the word out. Mr. Carlton stated postcards were sent to every address, including every apartment and business, staff was present at the farmer's market a couple weeks, there were multiple social media posts, public open houses, and multiple articles in the Star News. School and fire stations Mr. Carlton stated the plan identifies where future growth and development may trigger the need for another school or fire station. Public pooll community center Mr. Carlton indicated a public pool would be discussed as part of the Parks Master Plan. He explained the city recently completed a community center, which may not have all the components some residents may desire. He added improvements are also ongoing at Lake Orono including a splash pad. Difficulty in follon ing multiple plans Mr. Carlton explained that trying to create one plan capturing every component of the city for a point in time would be challenging. He stated this plan is to capture the WQr teF1 ff City Council Minutes September 20, 2021 Page 5 larger vision for the community and the other plans work alongside helping to build and work towards this vision. Greenspace and Furniture Mart Mr. Carlton indicated this is identified in the outlot development. He explained the plan proposes commercial buildings closer and rather than having a sea of parking, looking at creating a fountain, seating area, or green space around the commercial spaces. He noted the infrastructure is already in place and this provides a good opportunity to grow the community in the existing footprint. Trails and safety Mr. Carlton stated as trails and assets are added the next step in the discussion is always how to maintain them and he looks for those conversations to continue as these things are added. Mayor Dietz indicated he has been on the City Council for nearly 30 years and in his time, it has not been the practice of the city to force city water and sewer on existing developments. He stated to the best of his knowledge, it has only happened once, and it was due to water contamination in a development. He noted he would not normally be in favor of forcing city water and sewer on a neighborhood. He added inclusion in the Urban Service District just gives residents the option to request the extension of city water and sewer. - Councilmember Wager offered the following comments: ■ Page 7 — she would like the plan to use the 2020 census population numbers. She understands the numbers have not been officially approved yet, but she doesn't believe we should pass the 2021 plan just shy of the updated census. IF Page 13 and 34 — asked that the housing demand numbers reported in the plan be updated with current inventory based on the recent study. Councilmember Westgaard suggested adding a timestamp. Mr. Nolin indicated those numbers can be updated if staff can provide the changes. ■ Page 65 and 86 — she would like the plan to include the updated traffic and parking study the Housing and Redevelopment Authority recently received because she would like it to be as updated as possible. ■ Page 68 — she would like Main Street between Highways 10 and 169 included for the expansion of branding for the gateway to downtown including banners on light poles and extra beautification. ■ She indicated she is a huge fan of sidewalks and trail connections in new developments, and she appreciates those being included in the plan. She also likes the Furniture Mart example of green space and opportunities to rest and relax while shopping like what Maple Grove did. She believes it's a great way to fill space. ■ She indicated the city notifies the school district to let them know when large developments or apartments are coming online. Mayor Dietz verified the Planning Commission revisions have been incorporated to the plan. Mr. Nolin indicated they have. IFNATUREJ City Council Minutes September 20, 2021 Page 6 Mayor Dietz questioned if the Parks and Recreation Commission has reviewed the plan. Mr. Carlton indicated the Commission reviewed the document and identified some minor changes. Mayor Dietz questioned if it makes sense to hold off on adopting the new plan until the items discussed have been updated. Councilmember Wagner indicated she spoke with Mr. Carlton, and he was going to make the changes but she's fine with waiting until the changes are incorporated. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to direct staff to make the Council comments discussed this evening and to bring back the resolution to adopt the plan at the next available meeting after the Census data is received. Motion carried 5-0. 6.2 NW Metro River Crossing Study Update Mr. Sandhoefner introduced Jennifer Wiltgen, MnDOT and Paul Morris, SRF Consulting. Ms. Wiltgen and Mr. Morris presented the PowerPoint presentation on the Northwest Metro Mississippi River Crossing Feasibility Analysis. 8.1 Set Budget Meeting Date and Adopt 2022 Preliminary Tax Levy Ms. Ziemer presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to set the budget meeting for 6:30 p.m., December 6, 2021. Motion carried 5-0. Moved by Councilmember Wagner, and seconded by Councilmember Beyer to adopt resolution 21-65 authorizing the preliminary property tax levy for collection in 2022. Motion carried 5-0. 8.2 Resolutions Establishing EDA and HRA Levies for 2022 Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt resolution 21-66 establishing the Economic Development Authority tax levy of $363,150 for collection in year 2022. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt resolution 21-67 establishing the Housing and Redevelopment Authority tax levy of $331,600 for collection in year 2022. Motion carried 5-0. The Council recessed at 7:44 p.m. to go in to work session in the Upper Town Conference Room. The meeting reconvened at 7:48 p.m. a I E I I I I NAVUREI City Council Minutes Page 7 September 20, 2021 9.1 Code Enforcement: 13690 186" Avenue NW Attorney Baumgartner reviewed the history and informed the Council the next step is to consider abatement. Mr. Baumgartner explained the city has the option to pursue abatement under city code or under statutory authority. Mr. Baumgartner indicated his preference is to utilize the statutory authority because of the large amount of personal property involved. He explained he prefers to get the court's blessing prior to the city abating. He indicated once the Order for Abatement has been signed by the judge, the next step is to go back in front of the court and ask for approval for the city's costs to be assessed. He noted he has done it both ways but has had better luck under statutory authority. Attorney Baumgartner explained he has been discussing the options with Mr. John and informed him that the Council will be deciding this evening. Mr. Baumgartner indicated the Council could enter a Consent Decree that would allow the property owner to agree to clean up by a certain date and if it's not taken care of the city can go in and clean it up and assess the costs. He stated another option is to enter into an Assessment Agreement that would allow the city to go in and clean up the property and assess the property owner for the costs. Mr. Baumgartner discussed these options with Mr. John and Mr. John hasn't come to a decision and he would like Mr. John to be part of the decision as he prefers a voluntary solution rather than a court decision. Attorney Baumgartner indicated Mr. John shared with him that he may be interested in selling the property. It was noted a voluntary abatement may be an option to make the property more marketable and the new buyer could pay off special assessments. Mr. Baumgartner stated he would like Council direction on how to move forward. Joseph John, 13690 186' Ave NW, explained he has had some health issues but that he has started to clean up the property. He requested time to pull together a team to help him clean the property up himself. Mayor Dietz questioned if October 31 is an acceptable deadline to have the property cleaned up. Councilmember Westgaard indicated he is not sure what an ample deadline is, but it will become increasingly more difficult as winter comes. He would be in favor of allowing Mr. John until October 31. Mayor Dietz requested staff inspect Mr. John's property on October 31 and if the property has not been substantially cleaned up to let Attorney Baumgartner know so he can file a statutory abatement for the city to clean up the property. Mr. Baumgartner expressed concerns with Mr. John being able to clean the property up within 30 days. He stated if Mr. John is serious about working with the city to clean up his property, he could enter a Consent Decree allowing Mr. John until FB■111® 11 NATURE City Council Minutes September 20, 2021 Page 8 October 31 to make significant progress and as long as Mr. John continues to make significant progress and understands this cannot go on for months and months, it will put us in a better position if we need to go to court. Mr. Baumgartner noted working with Mr. John is the best option if Mr. John is agreeable. He will draft an agreement outlining the process and expectations. Mr. John was agreeable to this option. Rebecca Reichard, Central MN Mental Health Center, indicated Mr. John recently signed a release allowing her team access to his information and to assist him. She indicated it would be helpful for her team to meet staff on the property to see exactly what needs to be completed so they can monitor and support Mr. John. Mr. Trebesch indicated he would contact Ms. Reichard tomorrow to schedule a time. Attorney Beck questioned if it makes sense to allow Mr. John the option to enter into an Assessment Agreement during this timeframe allowing the city to abate the property and assess the costs if it gets to be too much for Mr. John. Mr. Baumgartner explained the agreement he intends to draft varies a little from a consent decree. He explained a Consent Decree essentially gives a deadline and if the work is not complete by that date the city abates the property but, in this case, he prefers any future action to come back through the City Council by way of resolution before moving forward to the court system. Council consensus was to have Attorney Baumgartner draft an agreement allowing Mr. John until October 31 to make substantial progress towards cleaning up his property and to continue if Mr. John is making continuous progress with the understanding if Mr. John fails to make continuous progress, this item will come back before the City Council for approval to seek statutory authority to clean the property up. The Council also agreed to allow Mr. John the option of entering into an Assessment Agreement during this timeframe allowing the city to at any time if he feels the work is too much. 9.2 Liquor Fund Reserve Balance Ms. Ziemer presented the staff report. She indicated the Mayor had at one point suggested transferring out $750,000 to the General Fund in addition to the $250,000 to the Park Fund. She explained transferring out almost $1 million would put us almost even every year for liquor profits. It was noted there is still a $5 million balance. Councilmember Christianson believes even by transferring $750,000 to the General Fund it would take a long time to dwindle the $5 million Liquor Fund balance down. He questioned what other items that normally drive the General Fund up can be offset by this fund. t I I E A f i 11 NATURE City Council Minutes September 20, 2021 Page 9 ----------------- Ms. Ziemer indicated one thing to consider is $600,000 Capital Outlay was removed from the General Fund Budget with no designated funding source for the purchases. She explained $500,000 was designated for funding self-contained breathing apparatus (SCBA) for the Fire Department. She noted the Fire Department received a grant for the SBCA in the amount of $243,000 so that leaves about $250,000 remaining to be fixnded. She added the Fire Department has been informed that there will be a price increase of 8%, or $41,000, if the SCBA are not ordered prior to November 1. She stated the Capital Outlay also included $60,000 for extrication equipment for the Fire Department for which a fund has not been designated. She noted she doesn't believe the Fire Department has accounted for equipment needs for additional firefighters coming on board with Fire Station #3 in 2022. Councilmember Beyer indicated he thought the Fire Department was supposed to look in to leasing options for the equipment, but he hasn't heard back. Ms. Ziemer stated leasing has not been evaluated because the Liquor Fund was identified as a possible funding source for the Fire Department to begin developing a replacement plan for their Capital Equipment and setting money aside through their General Fund budget. It was noted it may be cheaper to purchase if the funds are available to save leasing interest costs. Councilmember Beyer questioned what the Liquor Fund can be spent on. Mr. Portner indicated anything; however, they do not recommend using it for operational j costs because if it goes away then you have to find replacement funding. •-J J Mr. Portner stated the Fire and Police Departments have been asked to review all their capital needs. He noted the Police Department has forfeiture funds that can only be spent on police items. The fire chief has been asked to review all capital needs and prepare a life expectancy plan for everything. Mayor Dietz indicated beginning in 2022, he would like to increase the transfer to the General Fund from $500,000 to $750,000. Councilmember Westgaard noted it can always be amended if necessary. The Council concurred. Mayor Dietz requested details by the next meeting from the Fire Department on their equipment so the Council can discuss whether to use the Liquor Fund to pay for those items or if they will need to find an alternative funding source. Ms. Ziemer noted the Fire Department will be bringing approval of the grant forward soon so a funding source must be identified prior to that approval. Mayor Dietz noted he would like to have an identified funding source by November 1 to avoid the increase on the SCBA. 9.3 Elk River Ministerial Association Donation Designated Use Discussion Mr. Portner presented the staff report. The Council discussed various options for use of the Ministerial Association donation. The Council discussed purchasing benches for Bailey Point and camera installation in the eagle's nest. p01EaE1 I NAURE City Council Minutes September 20, 2021 Page 10 Councilmember Wagner suggested a grant to be used by non -profits or kids to subsidize the rent of the Furniture and Things Community Event Center. She noted the funds could be used for open gym days or for when non -profits want to rent a meeting space. Mayor Dietz questioned who would decide which groups qualified. Councilmember Wagner explained it would have to be a non-profit or youth organization and they would be required to complete a request form. Mayor Dietz noted he has received complaints that non -profits are charged a rental fee and has asked Councilmember Westgaard to discuss with the Multipurpose Facility Advisory Commission. Councilmember Beyer liked the idea but questioned what we will have to show once the money has run out. Mayor Dietz stated he likes the idea of benches better because the city can show what the money was used for. Councilmember Beyer concurred. Councilmember Wagner suggested purchasing one bench and using the remaining money for the grant. The Council expressed concern with outlining and managing criteria and also having one organization monopolize the funding. Councilmember Westgaard mentioned flower and light pole decorations may be an option. Councilmember Wagner explained the flowers are taken care of for the next three years under downtown beautification and the Housing and Redevelopment Authority. Mr. Portner suggested the money could be put towards the downtown dock. Mayor Dietz questioned if two benches could be purchased and have the remaining amount go towards the dock. Councilmember Wagner commented the remaining amount wouldn't be significant enough to make an impact on the dock. Mayor Dietz questioned if the $6,500 donation is sufficient to purchase three benches. Mr. Portner indicated it will be close, but we have ample funding in the budget to make up the difference. He suggested including signage indicated the benches were funded in part by the Ministerial donation. Council consensus was to use the Elk River Ministerial Association donation to purchase three benches for installation at Bailey Point. I E N E I 1 1 NATURE City Council Minutes September 20, 2021 10. Adjournment Page 11 There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:48 p.m. Minutes prepared by Jessica Miller. a� Jahn J. Allard, City Clerk [N'ATURE]