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05-17-2021 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, May 17, 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, City Attorney Peter Beck, Police Chief Ron Nierenhausen, Captain Bob Kluntz, Sergeant Joe Gacke, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Economic Development Specialist Colleen Eddy, 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 April 26, 2021, Retreat minutes May 3, 2021, Regular minutes 4.2 Check register as outlined in the staff report 4.3 Utility and Roadway Agreement 21-17 with Cargill 4.4 Purchase Fire Department Engine 3 4.5 Pay Estimates 4.6 Resolution 21-35 Accepting Donation from E.H. Renner Well 4.7 Resolution 21-36 F & M Properties, LLC. Microloan Extension 4.8 Development Agreement: Tranquil Meadows Motion carried 5-0, S. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 May 17, 2021 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the May Volunteer of the Month award to Melissa Anderson. He highlighted the following: * Helps to disinfect St. Andrews Church after masses because of COVID-19 ■ Church greeter for 20 years ■ Helps run annual parish festival ■ Long-time ushers and Eucharistic Ministers at St. Andrew's ■ Served as TRSA treasurer for six years ■ Girl Scout co -leader and cookie mom ■ Served on Elk River Dance Team board ■ Spent 20 years as team manager for daughters' soccer teams ■ Taught Religious Education for 10 years 6.2 Proclaim May 28 at Robert Kluntz Day Mayor Dietz read and presented a plaque to Captain Bob Kluntz for his retirement after more than 30 years in the Elk River Police Department. Moved by Councilmember Christianson and seconded by Councilmember Wagner to proclaim Friday, May 28, 2021, as Robert Kluntz Jr. Day. Motion carried 5-0. 6.3 Oath of Office: Administrative Captain Joe Gacke Police Chief Nierenhausen presented the staff report. Mayor Dietz administered the Oath of Office to Administrative Captain Joe Gacke. 7.1 Conditional Use Permit: Expand Educational Use with Additional Classrooms, Three Rivers Montessori, 17267 Yale Street 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. Councilmember Wagner asked if the school is increasing the number of students or just expanding their building. Rose Bringus, Executive Director for Three Rivers Montessori, stated that the number of students would increase from 100 to 481. Councilmember Wagner asked if there are any other businesses located in the building. Ms. Bringus stated that the final tenant would be leaving at the end of May 2021. NATURE City Council Minutes Page 3 May 17, 2021 ----------------------------- Councilmember Wagner stated that she supported the school, however, was concerned that.the building was no longer an office building and some of the businesses previously located in the building had left Elk River. Councilmember Westgaard expressed concerns with stacking of traffic in the street. Mr. Leeseberg stated the applicant was confident there would be enough room on site for drop off times. If this does become a problem, the CUP can be amended in the future. Condition #3 was amended from an eight -foot -tall fence to a seven -foot -tall fence. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654, as amended: 1. The building shall be inspected by the building official and fire marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. 2. No vehicles associated with the school may be parked or queued in the right-of-way or on a public street. 3. A seven -foot -tall opaque fence be installed across the entire southern property line. 4. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated April 27, 2021. Motion carried 5-0. 7.2 Great River Energy A. Zone Change to Remove Solid Waste Overlay B. Conditional Use Permit: Modify Outdoor Storage and Permitted Uses Mr. Carlton 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 Westgaard and seconded by Councilmember Beyer to adopt Ordinance 21-09 removing the solid waste overlay district for the GRE facility at 17845 US Highway 10. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the Conditional Use Permit amending CU 87-10 and amending the allowed uses, with the following conditions: 1. All site, engineering, -and building plans are reviewed and approved by staff prior to beginning work on the site. 2. The current CUP request shall replace CU 87-10. I O it E a E a 8 1 ► TURE City Council Minutes May 17, 2021 Motion carried 5-0. 8.1 Stonewood Development LLC TIF Assistance Agreement Ms. Eddy presented the staff report. She stated that the agreement had been reviewed by legal council and minor changes had been made. Page 4 Mikaela Huot, Director at Baker Tilly, reviewed the agreement and changes. The TIF agreement would be pay asyou go. The developer would be responsible for up- front costs and completion would be phased. 90% of the tax increment would be received over the 20-year period with a maximum principal amount of $3.3 million. Phase One was initially stated to begin in 2021 but was changed to March 2022 which moved the first payment to 2024. Council reviewed that the change in start date would change the payment dates. Councilmember Christianson verified that changing to 20 years instead of 15 years was a one-time change to the city policy. Ms. Huot confirmed that it was a one-time change. If construction is delayed, the TIF district could not go past the maximum 26 years total allowed by the state. Mayor Dietz expressed reservations on changing to a 20-year term but, due to the blighted nature of the property, and in support of the recommendations of the Joint Finance Committee, HRA, and consultant he would vote in favor of the agreement. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to adopt Resolution 21-37 approving and authorizing the execution of a Tax Increment Financing (TIF) Assistance Agreement and related documents for Delta Apartments Project. Motion carried 5-0. 8.2 `Northwest Metro Mississippi River Crossings Feasibility Analysis Councilmember Wagner reviewed information received at the Northwest Metro River Crossing Policy Advisory Committee meeting where they discussed a possible future river crossing. One of the proposed'changes at the meeting was a crossing from Highway 94 to Armstrong Blvd in Ramsey. Councilmember Wagner added that, at the meeting, the committee discussed the impact of COVID-19 on traffic counts. Councilmember Westgaard stated that Armstrong Blvd is not able to support that amount of traffic, so traffic would end up on Highway 10 or Highway 169 resulting in delays in Elk River due to traffic lights. Councilmember Beyer stated that commuters should be informed about the proposed changes. A proposed crossing could help Rogers, but it wouldn't help Elk River. P 0 T E A E O A l NATUR-El City Council Minutes Page 5 May 17, 2021 ----------------------------- Councilmember Wagner added that the proposed crossing may lessen traffic on Highway 101 but put it onto Highway 10. Would that mean that MnDOT would look at improvements to Highway 10 next? Councilmember Westgaard added that, if you split the traffic three ways to get across the river, they will have to merge back together and that is where the problem is. Councilmember Wagner will continue to bring information from the committee meetings back to the council. Although it is fact finding with a proposed date of 2040, this information could help the Council with their Comprehensive Plan. 8.3 Appointment for Planning Commission Vacancy Mr. Portner presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to appoint Craig Keisling to the Planning Commission for a term to begin immediately and expire February 29, 2024. Motion carried 5-0. 8.4 Approve 2021 Council Goals Mr. Portner presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Beyer to approve the 2021 Long and Short-term City Council Goals. Motion carried 5-0. 8.5 Pandemic Plan Update Mr. Portner presented the staff report. Council agreed that facilities should be opened as soon as possible and public meetings should return to in -person by July 1, 2021. Mr. Portner added that Public Works would remain closed to walk-in traffic. He recommended continuing to follow the Governor's guidelines for reopening. Mayor Dietz felt that the City should not enforce mask policies at local businesses and restaurants and allow them to make their own decisions. Councilmember Christianson asked to verify if there was anything in the newest executive order that would present conflicting information. Mr. Portner stated that the emergency executive order was still in place and thereby the conflict of wearing masks in public places has not changed. 0 P O 1l E R E I 8 1 go ATUR� City Council Minutes May 17, 2021 Page 6 Councilmember Westgaard asked if it was a violation of HIPPA to ask employees for medical documentation that they are vaccinated. Mr. Portner stated it was not a violation of HIPPA to ask. Mayor Dietz asked about wearing masks at community concerts and Elk River Fest. Mr. Portner stated that would be determined at a later date. Councilmember Wagner asked if Council or Commission members who are out of town could attend meetings remotely, if needed now that the city has the technology to do so. City Attorney Beck stated that there are some rules for participating in online meetings, including posting the meeting and being available in a public space. He will provide more information to Commissions in terms of what is allowed under state law. Councilmember Wagner asked about the upcoming change to summer hours (Monday - Thursday 7:30 a.m.-5:00 p.m., Friday 7:30 a.m. —12:00 p.m.) or continuing with the standard Monday — Friday 8:00 a.m. — 4:30 p.m. schedule. Mr. Portner stated that the public has found it helpful to have an extra half hour at the beginning or end of the day to come to City Hall and that there are few visitors or calls on Friday afternoons. The Council could choose to change the times if they wanted. Council consented to keep the summer hours schedule. Mayor Dietz suggested holding an employee picnic at Lion John Weicht Park in early September and would consider dates. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:12 p.m. Minutes prepared by Katie Porath. Joh. +J. DiOZ,_Mayor Tina Allard, City Clerk NATUREI