Loading...
01-19-2021 Regular and Closed CCMMeeting of the Elk River City Council Held at the Elk River City Hall Tuesday, January 19, 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, Senior Planner Chris Leeseberg, Fire Chief Mark Dickinson, Environmental Coordinator Amanda Erickson, Engineering Project Manager Brandon Wisner, Community Operations and Development Director Suzanne Fischer, Police Chief Ron Nierenhausen, Human Resources Manager Lauren Wipper, Assistant Fire Chief of Operations Mark Wandersee, and Records Specialist Katie Porath 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 6:08 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Items 4.6 and 8.5 were added. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 December 21, 2020, Minutes January 4, 2021, Minutes 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Police Department Vehicle Purchases 4.5 2021 Equipment Replacement Fund Purchases 4.6 Call closed meeting for labor negotiations for Monday, February 1, 2021. City Council Minutes January 19, 2021 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 January Volunteer of the Month award to Tamara Ackerman. He highlighted the following: • Chair, City of Elk River Beautification Committee r President, Downtown Elk River Business Association ■ Past Board Member, Elk River Area Chamber of Commerce ■ Shiver Elk River Chair, 2017, 2018 6.2 Proclaim April 5, 2021, as Nate Dittbenner Day Page 2 Fire Chief Dickinson discussed Mr. Dittbenner's history with the city over more than 20 years. Mayor Dietz read and presented a plaque to Mr. Dittbenner. 7.1 Conditional Use Permit: Aggregate Industries d/b/a MWR, Inc., Amend Permit to Include Additional Parcels in Mineral Excavation Area, 12001 213' Avenue 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 Beyer to approve the proposed amendment to Aggregate Industries mineral extraction CUP which adds an additional parcel to the approved mining area, with the following conditions: 1. All conditions of approval from earlier conditions shall be incorporated into the new mineral extraction operation. 2. A new mining license must be approved prior to commencing with mineral extraction activities in the new permit areas. Motion carried 5-0. 7.2 Ordinance Amendment: Allow Keeping of Chickens on Residential Lots Greater than One Acre Mr. Leeseberg presented the staff report. IIREREI IY NATURE City Council Minutes January 19, 2021 Page 3 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Christianson stated more urban cities have adopted an ordinance allowing chickens on a small parcel and he would be in favor of allowing chickens on the 1-acre lot size. Mayor Dietz asked how many requests there have been over the past three years for chickens on smaller lots. Mr. Leeseberg estimated half a dozen. Councilmember Westgaard is surprised by the Planning Commission decision and has no strong opinion either way. Eric Johnson was in attendance representing the Planning Commission. He stated he, personally, was in favor of allowing chickens on smaller lots but stated the commission considered factors such as noise, bi-products, and increase in predators and recommended denial as a whole. Councilmember Christianson stated there are nuisance ordinances to help combat noise and smell and there is a process in place to mitigate those concerns. Councilmember Wagner is concerned about future neighbor disputes involving animals. She appreciates the amount of research the Planning Commission did in 2017 and respects their decision. Councihnember Beyer reviewed the history of the chicken ordinance over the past few years. He cited personal experience with neighborhood chickens getting out and having to be recaptured and thinks it may entice more predators to the area. Mayor Dietz supports the Planning Commission decision. Moved by Councihember Wagner and seconded by Councilmember Beyer to deny the proposed ordinance amendment. Motion carried 4-1. Christianson opposed. 8.1 Lake Orono Restoration Enhancement (LORE): Extension of Hours Request by New Look Contracting Ms. Erickson and Mr. Wisner presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to extend operating hours for New Look Contracting, Inc. for the LORE project. Motion carried 5-0. POIERE0 1Y NAYURE City Council Minutes Page 4 January 19, 2021 Mayor Dietz asked about updates from the Orono Lake Improvement District (OLID) board and further updates on the LORE project. Mr. Wisner stated the OLID Annual Report was already shared with the Council. He also stated the LORE project updates would be postponed to a later meeting when additional information is available. This will include a full calculation on the potential extra 15,000 cubic yards of material to be removed. The DNR does not currently allow flexibility on where the extra material can be removed from based on the issued permit. He hopes to have information on the OLID fisheries request at the February 1, 2021 city council meeting. 8.2 Tax Increment Finance (TIF) Transfer for Jackson Hills Residential Suites Mr. Portner presented the staff report. Mayor Dietz asked when the TIF began. Mr. Portner responded the district was just recently certified and the current property owner has not received reimbursements yet. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 21-05 approving Assignment and Assumption of Tax Increment Finance (TIF) Development Assistance Agreement for Jackson Hills Residential Suites and authorize an execution of consent. Motion carried 5-0. 8.3 Commission Attendance Policy Extension Mr. Portner presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve an extension to the suspension of the attendance policy retroactive from July 2020 and to run concurrent with the state executive orders. Motion carried 5-0. 8.4 Consider Extending Emergency Sick Leave Ms. Wipper presented the staff report. Council agreed to extend the time through March 31, 2021. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve an extension to emergency sick leave provided through the Families First Coronavirus Response Act through March 31, 2021. Motion carried 5-0. �01ERE1 I NATURE City Council Minutes Page 5 January 19, 2021 ----------------------------- 8.5 Update on Rolling Hills Development Community Septic System Councilmember Westgaard gave an update on the Rolling Hills Development community septic system. He believes they will approach the city to get an estimate on the cost of extending city services and asked if staff could prepare a cost estimate for the 28 homes involved. The process would likely be similar to the Windsor 3 development. Mayor Dietz asked if other developments in the northern parts of Elk River might have this issue. Councilmember Westgaard said there are others who will likely have this issue in the future. Council recessed at 6:57 p.m. to go in to work session. The meeting reconvened at 7:03 p.m. 9.1 Heritage Preservation Commission Interviews The Council interviewed Michele Cole and Jonathan Muller for the Heritage Preservation Commission. Mike Hangaard was not able to attend. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to appoint Mike Hangaard to the Heritage Preservation Commission for a term to begin immediately and expire on February 29, 2024. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Michele Cole to the Heritage Preservation Commission for a term to begin immediately and expire on February 29, 2024. Motion carried 5-0. Councilmember Westgaard asked staff to follow up with Jonathan Muller to find a way he could be involved. 9.2 Rental Dwelling Program Fire Chief Dickinson and Ms. Fischer presented the staff report. Council confirmed staff is recommending no rental license for relatives who are renting, the fee would change from $365 to $100, and there would be inspections every 3 years. Mayor Dietz asked if the changes may promote voluntary registration of rental properties. Fire Chief Dickinson stated staff hopes the changes would make registering less difficult for people and improve the safety of their property. NATURE City Council Minutes January 19, 2021 Page 6 Ms. Fischer believes the changes will result in budget neutral with decreased staff time balancing the reduction in fees. Councilmember Christianson asked about making the license term 2-3 years instead of 1 year. Fire Chief Dickinson responded that, to keep the program consistent for everybody, at the time being they will look at annual renewals but may revisit the idea of a longer -term license in the future. The council agreed with the changes and the item will be added to a future consent agenda. 9.3 Review and provide direction for City Personnel Policy Drafts Mr. Portner presented the staff report. Council agreed to starting new employees at 15 vacation days per year and allowing 80 hours of vacation time carry over each year. Council agreed to the proposed change in Sick Leave Donation. Council agreed to a Parental Leave policy starting at 5 days taken within the first 6 months which may be taken intermittently. These changes will be effective January 2021 and will be on a future consent agenda for council approval. 9.4 Direction on Special joint Meeting with HRA/EDA Mr. Portner presented the staff report. Council encouraged messaging to residents to give their opinion of the vision for the future of the downtown area. They suggested focusing the discussion on the Comprehensive Plan. Council suggested creating a framework for discussion including vision and goals and include a macro vision such as traffic, parking, trail connections, accessibility, types of uses, and zoning. Council suggested holding the joint meeting at the Furniture and Things Community Event Center. Council agreed the target area would include the entire downtown zoning district and the HRA, EDA, and Council all need to be on the same page. Po■fwE� �r [N'ATURE] City Council Minutes January 19, 2021 The meeting will be set for February 22, 2021. 9.5 Fire Department Compensation Plan Page 7 Fire Chief Dickinson and Assistant Fire Chief Wandersee presented the staff report. Council asked if the proposed changes could come out of the Fire Department budget. Fire Chief Dickinson stated the increased cost could be included in the budget provided there are no major events which require increased staffing. The item will be included in a future meeting consent agenda. Council recessed at 8:34 p.m. and reconvened into closed meeting at 8:38 p.m. 10. Closed Meeting Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Human Resource Manager Lauren Wipper, Police Chief Ron Nierenhausen, and Records Specialist Katie Porath The council met in closed session pursuant to MN Statute §13D.03, subd, 1(b) to review and discuss labor negotiation proposals and consider negotiation strategies for Patrol Union, LELS Local 231. Council recessed at 9:28 p.m. and reconvened into closed meeting at 9:31 p.m. 11. Closed Meeting Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner and Records Specialist Katie Porath The council met in closed session pursuant to MN Statute, Section 13D.05, Subdivision 3(c) will be to consider offer for the possible sale of Pinewood Golf Course, 18150 Waco Street. kF A I 1 6 1 ATURE City Council Minutes January 19, 2021 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk Diver City Council at 9:50 p.m. Minutes prepared by Katie Porath. Tina Allard, City Clerk Page 8 P01E1E1 1 NATUREi