SARTELL CITY COUNCIL MEETING MINUTES APRIL 24, 2017

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1 1 SARTELL CITY COUNCIL MEETING MINUTES APRIL 24, 2017 Pursuant to due call and notice thereof, a regular meeting of the Sartell City Council was held on April 24, 2017, in the Council Chambers of Sartell City Hall. Mayor Sarah Jane Nicoll called the meeting to order at 6:00 p.m. COUNCIL PRESENT: Mayor Nicoll, Council Members: Chisum, Lynch, Peterson and Fitzthum COUNCIL ABSENT: None STAFF PRESENT: Mary Degiovanni, City Administrator; Anita Archambeau, Community Development Director; Jon Halter, City Engineer; Dale Struffert, Deputy Police Chief; John Kothenbeutel, Public Works Director; April Ryan, City Engineer; Rebecca Wicklund, Recording Secretary. PLEDGE OF ALLEGIANCE AGENDA REVIEW AND ADOPTION A motion was made by Fitzthum and seconded by Lynch to approve the agenda as amended. The following voted: Aye Votes: Nicoll, Chisum, Fitzthum, Lynch, Peterson APPROVAL OF CITY COUNCIL MINUTES Peterson asked that the minutes reflect his motion to rescind and staff s response. A motion was made by Peterson and seconded by Chisum to approve the meeting minutes of April 10, 2017 as amended. The following voted: CONSENT AGENDA a. Approval of Voucher Payments b. Approval of Landfill Proposals c. Approval of Insurance Waiver d. Approval of Resolution Accepting Donations e. Appointment of Park Maintenance Worker f. Approval of Disposal of Assets g. Calling Public Hearing on Moratorium Extension h. Call Public Hearing on Variance

2 2 A motion was made by Fitzthum and seconded by Chisum to approve the consent agenda. The following voted: PUBLIC HEARINGS Variance rd Street NE Archambeau presented the variance request by Delores Blonigen for a 27 square foot variance to the minimum lot area size. The public hearing was opened. Written testimony had been included in Council packets from James & Cynthia Stang, rd St NE, in opposition to the variance. James Kubat, nd Ave NE, testified that he did not think the variance should be approved as it would be shrinking the size of the lots and adding usage to the already stressed sewer system on the east side. Delores Blonigen, applicant, testified that the variance request is because the lots are 3 short to meet the minimum requirements and adding two brand new single family starter homes would add value to the neighborhood, and she thinks that just leaving the lots as is and adding one big house would not fit into the current neighborhood. There being no one else wishing to testify, the public hearing was closed. The Council discussed the variance request, impacts on neighborhood, and legal standards for granting variances. Staff responded to questions about the minimal impact of one single family home on a sewer system. Council also addressed Mr. Kubat s concern that more variance requests may be approved than denied by Council due to the fact that requests get vetted by staff before going to Planning Commission and Council so applicants have knowledge of the standards applied and requests that don t meet those standards are rarely pursued. A motion was made by Lynch and seconded by Fitzthum to adopt the Resolution of Findings of Fact supporting a variance to the minimum lot area size standards. The following voted: Aye Votes: Fitzthum, Nicoll, Chisum, Lynch Nay Votes: Peterson A motion was made by Fitzthum and seconded by Lynch to adopt the Resolution Approving Variance to the minimum lot area size standards. The following voted: Aye Votes: Fitzthum, Nicoll, Chisum, Lynch Nay Votes: Peterson City Code Update - Short Term Rentals Archambeau presented the code updates to allow short-term rentals within R-1 and R-5 Single Family Zoning Districts. The public hearing was opened. Steve Schwieters, 1013 Connecticut Ave S, testified that he is against allowing short term rentals. He currently lives near the short term rental and stated that it has caused a disruption to the neighborhood. He also doesn t want the additional traffic in the neighborhood that can come with these types of uses. Mr.

3 3 Schwieters also submitted written testimony from Benjamin Duea of 1009 Connecticut Ave. S, opposing the ordinance and it was entered into the agenda packet record. Julie Meyer, 1005 Connecticut Ave S, testified in favor of the short term rentals. She has a 5 star rating on her AirBnB and she has never received complaints from neighbors regarding her short term renters. There being no one else wishing to testify, the public hearing was closed. The Council discussed pros and cons of the proposed ordinance, including but not limited to concerns about public safety, neighborhood impacts, and the property rights balance between the property owner and neighbors. A motion was made by Peterson and seconded by Nicoll to approve the Ordinance Amendment. The following voted: Aye Votes: None Nay Votes: Chisum, Fitzthum, Peterson, Nicoll, Lynch City Code Update - Lodging Tax Degiovanni requested that the Council hold the public hearing and then table this ordinance amendment since Short Term Rentals was not approved but staff may still recommend the language update related to lodging tax. The Mayor opened the public hearing. There being no one wishing to testify, the public hearing was closed. A motion was made by Peterson and seconded by Fitzthum to table the Ordinance Amendment related to lodging tax for staff to bring back with final recommendation. The following voted: City Code Update - Honey Bees Archambeau presented the ordinance amendment to allow Honey Bees in districts other than Agricultural (because they are currently allowed in all Ag zones) in the City of Sartell. The public hearing was opened. Jesse Jaskolka, th St NE, testified that he would like to see bees allowed within the Ordinance. He stated that all the area cities either allow bees by ordinance or do not specifically restrict them and therefore they are kept in neighboring cities with no complaints. James Kubat, nd St NE, testified that he does not want bees in his neighborhood, and that residential lots are too small to accommodate bees. Nick Gusberg, 612 Kendall Ct, testified that he has a couple of hives located just off his property in LeSauk Township and he has never had an issue with neighbors or family getting stung by bees. He has playground equipment that his kids play on which is near the bees and they have not once been stung. There being no one else wishing to testify, the public hearing was closed. The Council discussed pros and cons of the proposed ordinance, including but not limited to safety concerns relating to bees and beekeeping, property rights of property owners and neighbors, whether requiring adjacent neighbor

4 4 consent makes sense, and whether the rules proposed to keep bees show there are too many potential concerns to allow it. A motion was made by Lynch and seconded by Peterson to approve the Ordinance Amendment. The following voted: Aye Votes: Fitzthum Nay Votes: Peterson, Nicoll, Lynch, Chisum City Code Update - Fee Schedule The Council tabled this issue indefinitely since it was moot with the beekeeping ordinance not approved. City Code Update - Accessory Structures and Buildings Archambeau presented the ordinance amendment related to Accessory Structures and Buildings. The amendments will attempt to limit shouses or very large garages by placing a maximum square footage requirement along with making some accessory structure requirements less restrictive in terms of materials and when a permit is required. The public hearing was opened. There being no one wishing to testify, the public hearing was closed. The Council discussed the size of accessory buildings and whether the maximum was needed and when permits should be needed. Peterson suggested removing the maximum 2000 sq. ft. requirement for detached and attached accessory structures and that permits not be required for accessory structures of 100 sq. ft. or less. A motion was made by Peterson and seconded by Fitzthum to approve the Ordinance Amendment to Titles 10 General Regulations with the removal of the 2000 square foot requirement and changing the accessory structure requirement to 100 sq. ft. or less. The following voted: City Code Update - Planning Commission Requirements Archambeau presented the ordinance amendment for the planning commission residency requirements. The public hearing was opened. There being no one wishing to testify, the public hearing was closed. The Council discussed if they felt the need to change the ordinance to allow residents in Sartell s orderly annexation areas to be eligible for appointment to the City s planning commission. A motion was made by Peterson and seconded by Fitzthum to approve the Ordinance Amendment to Title 2 Planning Commission. The following voted: Aye Votes: Fitzthum Nay Votes: Chisum, Lynch, Nicoll, Peterson The Council took a five minute recess.

5 5 City Code Update - Charitable Gambling Degiovanni presented the Charitable Gambling Ordinance Amendment and City Attorney Stan Weinberger discussed statutory restrictions and options with the Council. The public hearing was opened. Joe Torbert, Vice President of Gaming for the MN Fishing Museum, testified on their premises permits in SuperAmerica Stores and they support the 10% local contributions in other communities they operate in. There being no one else wishing to testify, the public hearing was closed. The Council discussed various issues including trade area and gambling taxes and Lynch felt business owners should be able to choose the organizations operating charitable gambling within their own facilities. Other Council members suggested tabling for further discussion on appropriate Ordinance amendments rather than trying to reach a decision this evening. A motion was made by Chisum and seconded by Fitzthum to table the Resolutions Approving Premises Permit applications for Minnesota Fishing Museum/SuperAmerica Store #5028 and #5016. The following voted: Aye Votes: Fitzthum, Nicoll, Chisum, Peterson Nay Votes: Lynch A motion was made by Peterson and seconded by Chisum to table the Ordinance Amendment to Title 3 Charitable Gambling Regulations. The following voted: OLD BUSINESS Pinecone Road North Update Engineer Halter presented a power point update to the Pinecone Road North street and trail construction and outlined concrete vs bituminous options as well as rural vs urban street design. The Council gave feedback on issues and Engineering will bring back in the form of feasibility report for further Council review and discussion. CITY COUNCIL UPDATES AND MISCELLANEOUS BUSINESS Council members gave updates on various meetings. ADJOURN A motion was made by Lynch and seconded by Chisum to adjourn the meeting at 10:15 p.m. The motion carried unanimously. Rebecca Wicklund, Recording Secretary Sarah Jane Nicoll, Mayor