EAST BETHEL CITY COUNCIL MEETING APRIL 4, 2018

Transcription

1 EAST BETHEL CITY COUNCIL MEETING APRIL 4, 2018 The East Bethel City Council met on April 4, 2018, at 7:00 p.m. for the regular City Council meeting at City Hall. MEMBERS PRESENT: Steve Voss Tim Harrington Brian Mundle Randy Plaisance Tom Ronning ALSO PRESENT: Jack Davis, City Administrator Mark Vierling, City Attorney Craig Jochum, City Engineer 1.0 Call to Order 2.0 Pledge of Allegiance 3.0 Adopt Agenda 4.0 Presentation 4.0A 2017 Audit Presentation - Abdo, Eick and Meyers and Consideration of Approval of Res , Accepting 2017 Audit 5.0 Public Forum 5.0 The April 4, 2018, City Council meeting was called to order by Mayor Voss at 7:00 p.m. The Pledge of Allegiance was recited. Harrington stated I ll make a motion to adopt tonight s agenda including the Supplement Payment Summary as item G. on the Consent Agenda. Mundle I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion Davis stated Mr. Brad Falteysek of Abdo, Eick, and Meyers, would present the 2017 Annual Financial Report. After the presentation, the City Council will be asked to approve Resolution formally accepts the 2017 Annual Financial Report and directs the submission of the Annual Financial Report to the State Auditor. Mr. Brad Falteysek presented the 2017 Management Letter. Harrington stated I ll make a motion to approve Resolution accepting the 2017 Annual Financial Report for operations and activities of the City of East Bethel for fiscal year 2017 and direction to submit the report to the State Auditor. Mundle stated I ll second. Voss asked any discussion? Voss noted the title on the Resolution needed to be changed from 2016 to To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion Christine Dahlman, Highway 65, stated she had received an from East Bethel admitting that Tammy Gimpl had been running a commercial kennel. Voss stated earlier in the week Ms. Dahlman had misrepresented what he told her to the Ham Lake Council. Ms. Dahlman stated Mayor Voss had said in the that Ms. Gimpl had been running a commercial kennel. Voss requested she show him the . Ms. Dahlman read Mayor Voss . Voss asked where in his did the City admit Ms. Gimpl was running an illegal boarding kennel. Ms. Dahlman responded if Ms. Gimpl was not running a legal business that was permitted by the City, County, or State, what would it be called. Voss stated she stood in front of the Ham Lake Council and misrepresented what he said. Ms. Dahlman stated Ms. Gimpl could be charged with misdemeanors. Voss stated no where in that did it say Ms. Gimpl was running an illegal business and Ms. Dahlman was making interpretations. Voss stated the Council did not appreciate Ms. Dahlman

2 April 4, 2018 East Bethel City Council Meeting Page 2 of 10 Public Forum misrepresenting his to another City Council and trying to influence them to that effect. Renee Beckman, th Avenue NE, stated the City s Ordinance had one sentence for a definition of a commercial kennel and it was if they accept dogs from the general public. She noted Ms. Gimpl s website says she does general boarding and gives fees for that boarding and therefore, she was running an illegal business in the City. She stated the Ordinance says commercial kennels cannot be run in any other zoning except light industrial and commercial, but Ms. Gimpl s kennel was in a residential area. She noted Ms. Gimpl has been doing this for 15 years and it was illegal. 6.0 Consent Agenda Item A Item B Item C Item D Item E Item F Item G Approve Bills Meeting Minutes, March 21, 2018 CC Meeting Arena Services Contract Renewal City Insurance Agent Contract Renewal Approval of Fire Services Study Grant Engineering Services for the Phase 2 Service Road Project Supplemental Payment Summary Harrington stated I ll make a motion to approve the Consent Agenda. Ronning stated I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion 7.0 New Business Commission, Association and Task Force Reports 7.0A Planning Commission 7.0A.1 IUP Home Occupation th Lane NE Davis presented the staff report noting Tim and Megan Bollig were requesting approval of an Interim Use Permit (IUP) to operate a home-based salon at th Lane NE. He stated the Bollig s appeared before the Planning Commission on March 27, 2018 to request an Interim Use permit for home-based salon business. Megan Bollig is a licensed Cosmetologist/ Salon Manager. He indicated the primary service Ms. Bollig would be offering was lash extensions, the secondary service would be hair care and would be working by appointment only. He indicated Ms. Bollig planned on converting a bay of their attached 3-car garage into the salon. Building permit applications would be submitted to the City pending approval of if the IUP. Davis indicated Ms. Bollig would be required to obtain all the necessary building, mechanical and plumbing permits to ensure the alterations are completed to code. He noted their septic passed a compliance inspection in 2011 and was recently reviewed and considered to have the capacity for salon use by Lashinski Septic. Davis stated Ms. Bollig would be the only employee and parking needs generated from the home occupation would be limited and provided in the existing driveway. He indicated the zoning for this property was Rural Residential. Davis stated the Planning Commission recommended City Council consider approval of an IUP for Timothy and Megan Bollig to operate a home-based hair salon business at th Lane NE, East Bethel MN, subject to conditions as noted in staff s report. 7.0A.1 Harrington stated I ll make a motion to approve the IUP for Timothy and Megan

3 April 4, 2018 East Bethel City Council Meeting Page 3 of 10 IUP Home Occupation th Lane NE Bollig to operate a home-based hair salon business at th Lane NE, East Bethel MN, PIN , Lot 10, Block 2, Larsons Oak Hills Plat 2, subject to the following condition as described in staff s report. Mundle stated I ll second. Voss asked any discussion? Mundle added a condition 8 to include attachment 3, septic letter to be signed by the applicant. Mundle stated I ll make a friendly amendment to include a condition 8, the signed septic letter. Harrington stated I ll second. Voss asked any discussion? Voss asked if the applicant would come to the podium. Megan Bollig, th Lane NE, stated she understood the amendment and she was okay with it. Plaisance stated on condition 7 was that not the same thing as condition 8? Voss stated it was a bit different. Mundle stated 7 addresses building and zoning code and condition 8 in the letter states that they will not hold the City liable for any damages. Ms. Bollig stated she was okay with signing the letter and making it a condition. To the amended motion, all in favor say aye. All in favor. Voss asked any opposed? That motion 7.0A.2 IUP Private Kennel Sandy Dr. NE Davis presented the staff report, stating Sheri and Cole Trzebiatowski were requesting approval of an Interim Use Permit (IUP) for a private kennel at Sandy Drive NE, East Bethel, MN He noted a public hearing was held at the regular March 27, 2018 Planning Commission meeting to keep 3 dogs on their 4.75-acre lot zoned R 1. Davis stated currently, Mr. and Mrs. Trzebiatowski owned one (1) Border collie, one (1) Miniature Schnauzer and one (1) Labrador Retriever Mix. He indicated all three (3) dogs had proof of rabies vaccination and 2 of the 3 had city dog tags. He noted the owners would obtain the third city dog tag prior to the execution of the Kennel IUP. He stated one of these dogs was planned to be gone by the end of the summer of He indicated City Code Chapter 10, Article II. Dogs, specified that the maximum number of dogs allowed on a parcel is two and more than two dogs required a private kennel license and for lots between 3-5 acres up to four dogs are permitted with the license. Davis noted the City was made aware of the three (3) dogs on the property when a noise complaint was received regarding barking dogs in late December of He stated the investigating ACSO Deputy confirmed the presence of the three dogs and informed Mr. and Mrs. Trzebiatowski of the City Code regarding dog and kennel licenses and barking dogs. He stated dog licenses were issued tor the Trzebiatowski on January 31, A.2 Davis stated Jeff and Lonnie Dick, London St NE, spoke at the public hearing and stated that they called in the complaints regarding the barking dogs and had concerns about the noise. Mr. Dick did state that he had not heard the dogs in the last few months barking but he would like some assurance that this would not happen anymore. He indicated Mr. and Mrs. Trzebiatowski had taken measures to mitigate the issue of the barking dog matter

4 April 4, 2018 East Bethel City Council Meeting Page 4 of 10 IUP Private Kennel Sandy Dr. NE through closer monitoring of the dogs during the day, limitations on their outside time and the installation of an anti-bark device in the kenneled area used by the dogs. Davis stated the Planning Commission (5 votes for approval, with Terry abstaining) recommended City Council consider approval of an IUP for a Private Kennel License for no more than 3 dogs for Cole and Sheri Trzebiatowski, Sandy Drive NE, East Bethel, MN 55005; PIN: , subject to the conditions as noted in staff s report. Ronning stated I ll make a motion to approve an IUP for a Private Kennel License for no more than 3 dogs for Cole and Sheri Trzebiatowski, Sandy Drive NE, East Bethel, MN, PIN: , subject to the conditions as noted in staff s report. Harrington stated I ll second. Voss asked any discussion? Mundle asked if there were any more complaints about barking that had come in at the Planning Commission Meeting. Davis responded there had been no reports and it appeared the issue had been taken care of as the owners had taken remedies to control the barking. Voss asked with condition 6 his concern was the date. He stated if Council needed to renew, it could be better if it was done before the last meeting in December. Plaisance suggested they make the renewal a year. He stated any issues that arose would nullify the IUP anyway. Voss stated he liked the idea that there is a known issue and the owners had taken matters to address it, but they knew there was an issue they had to pay attention to and to revoke and IUP was more work than not renewing it at the end of the shorter period. Plaisance noted November and December was going to be difficult months anyway because of everything that was going on. Davis stated the reason they wanted to do it on this date was in order to better track IUP renewals. Voss stated he believed staff would be very busy if all the IUP s expired in December. Plaisance stated he did not have a problem with this, but why weren t they doing this in a month that wasn t so busy for staff and Council. Voss stated they might want to rethink this. Mundle asked if the month and year mattered? Davis stated it did not matter and it was chosen because it was the end of the year and coincided with expiration of other City licenses. As far as IUP renewals are concerned they are generally put on the Consent Agenda if there were no issues that needed to be addressed. Mundle requested this issue be put on a Work Meeting agenda for further discussion. Voss stated he did not have any further issue with this IUP. 7.0A.3 Sign Variance Ulysses St NE Davis presented the staff report, asking Council consider approval for a variance for an electronic message sign for Earth Elements, Ulysses St NE. He stated a public hearing was held at the March 27, 2018 Planning Commission meeting to review a variance request relating to City Code, Chapter 54, 54-3, electronic changeable signs. He noted the requestors were Gerald Shern, Dave Shern and Cyndi Dooley, Ulysses St NE, East Bethel MN and they were seeking the variance to increase the size of a proposed message board from 32 to 50 SF. 7.0A.3 Davis stated Earth Elements was a landscape contracting company, DBA Finishing Touch

5 April 4, 2018 East Bethel City Council Meeting Page 5 of 10 Sign Variance Ulysses St NE and Go Green. He noted they provided services such as landscape design, hydro seeding, and custom pots, hand crafted items and baskets on a 3.09-acre site which is zoned Light Industrial. Davis indicated the proposed sign would be 100 square feet and 20 feet in height. He noted the sign was proposed as a standard 5 x 10 non-changeable business sign in an illuminated cabinet and a changeable 5 x 10 electronic sign below the fixed sign. The sign would be a minimum of 100 from the centerline of southbound lane Hwy 65 and outside the MnDOT right of way. He stated the variance request was for the LED display portion on the Earth Elements sign. He noted the City s current ordinance only allowed for a 32 sq. foot electronic changeable display. Earth Elements are requesting a 50 sq. ft. display. Davis noted cities must consider practical difficulties, a legal standard set forth in law, when deliberating applications for variances. Consideration of practical difficulties relating to variance requests. He summarized the difficulties for Council. Davis stated the Planning Commission recommended the City Council consider approval of the Variance request to allow for up to a 50 sq. ft. electronic changeable display board to be located on a free-standing sign located at Ulysses St NE, East Bethel, MN 55005; PIN Ronning stated I ll make a motion to approve the Variance request to allow up to a 50 sq. ft. electronic changeable display board to be located on a free-standing sign located at Ulysses St NE, East Bethel, MN 55005; PIN Plaisance stated I ll second. Voss asked any discussion? Mundle asked what was the square footage of the Hoffman sign? Davis responded it was 48 square feet, which was almost similar in size to this sign. Voss stated that applicant had received a variance also. Mundle stated once the Council amended the sign Ordinance, would this sign then come into compliance. Davis responded a 48 square foot sign would be in compliance. 7.0A.4.a Comp. Plan Amendment, Rezoning Application 7.0A.4.b T&G Land A&J Invest. Comp. Plan Amendment Highway Comm. to Mixed Dist. 7.0A.4.a Davis presented the staff report, requesting Council consider approval of two separate actions for Amendments to the 2030 Comprehensive Plan for the Sauter District PUD. Davis stated on August 7, 2017, the Planning Commission conducted a public hearing and recommended approval for a two-lot subdivision and planned unit development defined as the Sauter District PUD. He noted the plan proposed two separate 67-unit apartment buildings, a 39-unit assisted living facility and a clinic. He stated the developer applied for a sewer connection permit from the METC for the first phase of the apartment project. He indicated the Metropolitan Council did not approve the permit because the current 2030 Comprehensive Plan land use category for the property was Highway Business and did not allow for apartment buildings. He stated the METC had instructed the developer to request a Comprehensive Plan Amendment to a land use category that would allow apartment at a density allowed by the METC. He noted the proposed apartment building was located on the east half of Lot 1 Block 1 of Sauter District PUD, which is 2.99 acres in size. The 67- unit apartment building proposed on this site would create a density of units/acre.

6 April 4, 2018 East Bethel City Council Meeting Page 6 of 10 Comp. Plan Amendment, Rezoning Application 7.0A.4.b T&G Land A&J Invest. Comp. Plan Amendment Highway Comm. to Mixed Dist. Davis stated in the current 2030 Comprehensive Plan, none of the existing land use categories allow for that density, but the Mixed Use category in the draft 2040 Comprehensive Plan would allow for high density residential dwellings up to 30 units/acre. He indicated staff was proposing to adopt the 2040 Comprehensive Plan land use category, with same standards to be transferred to the 2030 Mixed Use District as an interim means to address this problem. He indicated upon adoption of the 2040 Plan, those standards and language would replace the 2030 Plan Mixed Use District. He noted a public hearing was held at the March 27, 2018 Planning Commission Meeting for amendments to the 2030 Comprehensive Plan with no public comments received. He stated the Planning Commission recommended the adoption of the 2040 Mixed District into the 2030 Comprehensive Plan and recommended the City Council amend the land use category of the east half of Lot 1 Block 1 of Sauter District PUD from Highway Business category to the Mixed District category. He stated this would allow the applicant to receive their sewer permit and begin their construction of the first 67-unit apartment building without altering their construction schedule. Davis stated the Planning Commission public hearing notice for the Comp Plan amendment for the East Bethel Village Project was for the entire PUD and in discussions with the METC to resolve and prevent any delays for the project, City Staff was advised that there was an expedited administrative amendment approval process if the Comp Plan Amendment request is under 100 units. Since the entire PUD is 168 units and to prevent any delay for this portion of the project, recommendation was entered for the approval of the amendment for only the first 67 units on the east half of Lot 1 Block 1. The remaining portion of the project can be addressed separately or will fall under the guidelines of the 2040 Comp Plan. Davis stated the Planning Commission recommended City Council consider two separate recommendations which he summarized for Council. Ronning stated I ll make a motion to approve the addition of Mixed District as defined in Attachment 2 to Chapter 5: Land Use of the 2030 Comprehensive Plan by Resolution Mundle stated I ll second. Voss asked any discussion? Voss asked if the applicants understood this approach and the risk that was there. Davis responded they did. Plaisance stated when the 2040 Comp Plan would go into effect? Davis responded Spring or Summer Plaisance stated I ll make a motion to approve amending the land use designation for only the East Half of Lot 1 Block 1 of Sauter District PUD from Highway Business to Mixed District by Resolution Harrington stated I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion 7.0B Economic Development Authority

7 April 4, 2018 East Bethel City Council Meeting Page 7 of C Park Commission 7.0D Road Commission 8.0 Department Reports 8.0A Community Development 8.0B Engineer 8.0B.1 Central Avenue Service Road - Approve Plans and Specifications and Authorize to Bid. Jochum presented the staff report, requesting approval of Resolution No Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. He stated the improvements included reconstruction of the existing service road from 184th Avenue to 187th Lane. He noted improvements also included extension of sewer and water service from to Trunk Highway 65. Jochum stated currently the proposed bid opening for this project was 10:00 am on May, in the City Council Chambers. He noted the total project cost was estimated to be $772,910, with a total of $284,805 proposed to be assessed to the benefitting property owners. He indicated an additional $112,000 is anticipated to be collected in sewer and water access charges. He recommended Council approve Resolution No Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Mundle stated I ll make a motion to approve Resolution Resolution Approving Plans and Specifications and Ordering Advertisement for Bids. Harrington stated I ll second. Voss asked any discussion? Mundle asked on boring 6, petroleum odor, what obligation did they have to clean it? Jochum responded they want to do the investigation into the soils and groundwater on the north end. He stated they did have some options of pulling back the sewer, but if they wanted to go through there they had the obligation of removing the soils they come into contact with. He stated he was more concerned about the groundwater and if it had to be dewatered. He stated they did not want to not know what was going on and do the contract and deal with it at that time. He stated they wanted to know what was going on upfront and deal with it now. 8.0B.1 Mundle asked if they were only responsible for correcting the issue as far as they dig down or are they responsible for correcting it all the way down. Vierling responded once they disturbed a portion of the area, they might find the entire area needed to be mitigated. Mundle stated if they dug into it, then they had to fix all of it. Vierling stated that was why it was important to have the testing done. Jochum noted there were also grant programs they might qualify for, but they did need to know what was going on.

8 April 4, 2018 East Bethel City Council Meeting Page 8 of 10 Central Avenue Service Road - Approve Plans and Specifications and Authorize to Bid Voss stated in this case there were two responsible parties with one being active adjacent to the site, which the State would go back to. He noted just because there was contamination on the site did not mean it had to be taken out. He stated they needed to find out what was there before they got into it. He stated there were a lot of options they had, but they needed to know what they were dealing with first. 8.0C City Attorney 8.0D Finance 8.0E Public Works 8.0E JPA Street Maintenance Projects Davis presented the staff report, requesting Council consider approving the 2018 JPA Street Maintenance Project Bids and authorization to submit a letter of concurrence. Davis stated the estimated budget for seal coating and striping the streets was $320,000. He indicated these projects would be funded from the Street Capital Fund as identified in the Capital Improvement Plan and the 2018 Street Maintenance Budget. He summarized the JPA bid costs for the project. He noted the bid results were consistent with past costs and budgeted for in the 2018 Street Capital Fund. Davis stated staff has reviewed the bids and recommends acceptance of the 2018 JPA Street Maintenance Agreement bids in the amount of $164,030 and authorization to submit a letter of concurrence to the City of Coon Rapids indicating our participation in this project. Ronning stated I ll make a motion to approve the 2018 JPA Street Maintenance Agreement bids in the amount of $164,030 and authorization to submit a letter of concurrence to the City of Coon Rapids indicating the City s participation in the project. Harrington stated I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion passes. Motion passes unanimously. 8.0F Fire Department 8.0G City Administrator 8.0G.1 URRWMO 2019 Draft Budget 8.0G.1 Davis presented the staff report, asking Council consider approval or comment of the East Bethel share of the URRWMO 2019 Budget. He stated through the URRWMO, Cities jointly address water resources issues in this watershed. He indicated the URRWMO s draft 2019 budget was submitted to each member City annually for their input. He stated any requests to modify this budget need to be submitted to the URRWMO prior to their May 1, 2018 meeting. He noted after that date, and absent any comments or direction from East Bethel, the City s portion of the budget would be considered approved at the level indicated for He summarized the proposed 2019 budget for the previous four years. Davis the proposed 2019 URRWMO Budget was $33,935 as compared to the 2018 budget of $32,000 and East Bethel s portion of the 2019 budget, was proposed to be $7,651 or an increase of 6.6% from the 2018 City share of $7,177. He stated this increase was due to an

9 April 4, 2018 East Bethel City Council Meeting Page 9 of 10 URRWMO 2019 Draft Budget update to the 10-year Watershed Management Plan. He noted update was a requirement of the Bureau of Water and Soil Resources (BWSR). Davis stated staff requests the City Council review and consider approval of or comment on the URRWMO Draft 2019 Budget. Ronning stated I ll make a motion to approve the URRWMO Draft 2019 Budget. Harrington stated I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion passes. Motion passes unanimously. 8.0G.2 Website Committee Davis presented the staff report, requesting Council consider appointing a committee to provide recommendations for upgrades to the City Website. He stated at the June 6, 2012 City Council meeting, a workgroup was appointed to recommend a new platform that would best suit the City s Website needs. He noted citizen members Brian Mundle, Jr., Tanner Balfany and Randy Plaisance, Council members Steve Voss and Heidi Moegerle, and staff members Jack Davis and Wendy Warren were the members of the Committee. Davis stated as a result of their work, this committee recommended that City Council consider a proposal from Civic Plus as the format and host of a new website. He indicated Council approved Civic Plus as the host and the new City website was posted for use on February 14, He noted with the exception of incremental additions and minor improvements, no major modifications have occurred since that time. He stated as Civic Plus offers an upgrade at no cost every five years, and this would be an ideal time to consider not only the basic upgrade, but other additions or improvements that would better the functionality and ease of use of the website. Davis stated Council may want to consider the appointment of a Committee to review the website and, based on findings, provide recommendations to Council for improvements to the website. The prior committee was composed of two Council members, two Staff members, two Commission members and one citizen member. Davis stated staff recommended Council consider appointment of a Committee to review the website and provide recommendations to improve the content and utility of the website. Mundle stated he believed they should get members from Planning and Zoning, the EDA, and possibly citizen members. Voss stated he believed it was important they had users of the City s website also. Harrington stated he would like to see Karen and Carrie on there also. Davis responded they would have staff people who implement the site on the Committee. He stated they would also include Jackie and Amy on it. Voss stated he did not know they needed to decide how many on each committee, but to see what the interests in was in general. Plaisance stated he wanted to see who had an interest and then identify the problems with the website. Mundle stated I ll make a motion to approve an appointment of a Committee to review the website and provide recommendations to improve the content and utility of the website and to advertise for citizen members. Ronning stated I ll second. Voss asked any discussion? 8.0G.2 Plaisance stated I ll make a friendly amendment to include two Councilmembers, and requests that staff identify staff members to also be on the Committee. Voss stated I ll

10 April 4, 2018 East Bethel City Council Meeting Page 10 of 10 Website Committee second. Voss asked any discussion? To the motion to amend, all in favor say aye. All in favor. Voss asked any opposed? That motion passes. Motion to amend passes unanimously. 9.0 Other 9.0A Staff Reports Davis stated prior to the next Council meeting there was the Local Board of Assessment and Equalization meeting at 6:00 p.m. on April 18, He stated Spring recycle day was on April 28 at the Ice Arena from 8:00 a.m. to 12:00 p.m. He stated the Town Hall meeting was on April 17 at 6:00 p.m. at the Senior Center. 9.0B Council Report Council Member Harrington Council Member Mundle Council Member Ronning Council Member Plaisance Mayor Voss 9.0C Other 10.0 Adjourn Harrington thanked the public work employees for plowing the City amid equipment issues. Mundle stated the Pet Clinic was on April 7, Arbor Day was on April 28, Booster Park East Cub Scout will be planning trees, and this weekend there was the North Artists Studio Art Crawl with two stops in East Bethel. Ronning stated Planning and Zoning held their monthly meeting. Voss stated the gravel roads were a challenge to plow this time of year, which public works were attempting to take care of. Harrington stated I ll make a motion to adjourn. Mundle stated I ll second. Voss asked any discussion? To the motion, all in favor say aye. All in favor. Voss asked any opposed? That motion Meeting adjourned at 8:30 p.m. Submitted by: Kathy Altman TimeSaver Off Site Secretarial, Inc.