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4.1 DRAFT MINUTES (2 SETS) 07-19-2021 Special Meeting of the Elk River City Council Held at the Elk River City Hall Wednesday, June 30, 2021 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, and Jennifer Wagner Members Absent: Councilmember Matt Westgaard Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck (via Zoom), Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 4:07 p.m. by Mayor Dietz. Council added a liquor license renewal for Aegir Brewing Company to the agenda. 2. Pinewood Golf Course Mr. Portner presented the report. Councilmembers expressed concern with making a decision quickly due to the change in financial investors. They questioned why the change and asked for more time to vet the new investors, noting this was a concern of area neighbors. Mr. Portner stated only the financing plan has changed but the management group is the same with a different name. Trevor Birdsall, from the management group, stated the reason the financial investors backed out was due to the condition of the course. Mayor Dietz and Councilmember Christianson concurred noting the course was in terrible shape when they completed a walk through the previous week. Mayor Dietz suggested moving forward with the management agreement to give the group time to provide more financial information. Council concurred. Mr. Beck discussed the changes needed to the resolution and noted the management agreement could be extended for a longer term if Council desired. Council left the agreement to the original term of 30 days. City Council Minutes Page 2 June 30, 2021 ----------------------------- Moved by Councilmember Christianson and seconded by Councilmember Beyer to adopt Resolution 21-48 with the following modifications: 1. AJT Agreement is hereby repealed. 2. The Interim Management Agreement is hereby approved. 3. The mayor, city administrator, and city clerk are hereby authorized to execute all necessary documents under the term of the interim management agreement. Motion carried 4-0. ------------------------------------- Mr. Portner introduced the city’s new Economic Development Director Brent O’Neil. Council welcomed him to the community. 3. Liquor License Renewal Mr. Portner discussed the state’s delay in processing the license request. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve renewal of taproom and brewer off-sale licenses to Aegir Brewing Company, LLC, 19050 Industrial Blvd, NW for the period July 1, 2021, through June 30, 2022. Motion carried 4-0. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 4:38 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, July 6, 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, Parks and Recreation Director Michael Hecker, Fire Chief Mark Dickinson, Senior Planner Chris Leeseberg, Police Chief Ron Nierenhausen, City Attorney Peter Beck (via Zoom), and City Clerk Tina Allard 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda It was noted Item 4.6 regarding the assessment hearing date in the resolution for the Lake Orono project was changed to September 7, 2021. Councilmember Westgaard requested to add Item 8.2 regarding the Furniture and Things Community Center. Mayor Dietz added Item 6.3 regarding Elk RiverFest. 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 Beyer and seconded by Councilmember Wagner to approve: 4.1 June 21, 2021, minutes. 4.2 Check register as outlined in the staff report. 4.3 Temporary On-Sale Liquor License to Church of St. Andrew for September 19, 2021, with the condition alcohol must be confined to an area enclosed by a fence with a secured, controlled access. Wrist band control is required for patrons 21 and over. City Council Minutes Page 2 July 6, 2021 ----------------------------- 4.4 Adopt Resolution 21-49 to accept the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. 4.5 Hire Warren Ellingworth to the position of Recreation Sports Coordinator effective July 27, 2021. 4.6 Resolution 21-50 establishing the assessment amount for the Lake Orono Restoration and Enhancement (LORE) project, ordering the preparation of a proposed assessment roll, and setting the hearing date for the proposed assessments. 4.7 Adopt Resolution 21-51 acknowledging contributions from the Elk River Lions Club. 4.8 Hire Brittani Hanson to the position of custodian effective July 26, 2021. 4.9 Addendum to Purchase Agreement 21-16 with First Step Preschool. 4.10 Adopt Resolution 21-52 acknowledging the increase of paid on-call staffing for the fire department. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 MRPA Awards of Excellence: Furniture and Things Community Event Center and Woodland Trails Regional Park Mr. Hecker introduced Minnesota Recreation and Parks Association Awards Committee Member Steve Benoit. Mr. Benoit discussed the award program/categories and Elk River’s winning projects. He presented the awards to Mayor Dietz. 6.2 Recognition of Promotions within the Fire Department Chief Dickinson presented the staff report. Mayor Dietz provided the oath of office, and the pinning ceremony was completed. 6.3 Elk RiverFest Mayor Dietz thanked staff especially, Karen Wingaard, for all the work on putting together a successful event. Council concurred. 7.1 Conditional Use Permit (CUP): Private Kennel, 18857 Albany Street Mr. Leeseberg presented the staff report. City Council Minutes Page 3 July 6, 2021 ----------------------------- Mayor Dietz opened the public hearing. Josh Nelson, applicant, stated he was available for questions. Mayor Dietz closed the public hearing. Councilmember Westgaard feels the lot is too small for keeping five large dogs. He questioned if Council is required to approve the request or provide some sort of accommodation, referencing a letter the Council received today stating the applicant meets certain criteria for protections under the Americans with Disability Act, the Fair Housing Act, and the Rehabilitation Act of 1973. Councilmember Christianson concurred and asked if anything could be done so the permit doesn’t run with the property. Mr. Beck stated he hasn’t seen the letter and would like time to review it. Councilmember Westgaard asked if a condition could be added to the CUP so the private kennel would expire upon sale of the property. Mr. Beck stated this condition would not be legal under CUP requirements, but the applicant could apply for an Interim Use Permit (IUP) which can be tied to an event certain and subject to conditions. Councilmembers Beyer and Wagner stated they are not ready to decide without a legal opinion about the letter. Council consensus to waive the fee for an IUP application and to delay this matter until attorney opinion can be provided. Moved by Councilmember Christianson and seconded by Councilmember Beyer to continue this item to the July 19, 2021, Council meeting. Motion carried 5-0. 7.2 West Oaks, LLC and Heritage Maples Senior Living, LLC, Broadway on 10  Conditional Use Permit: Establish a Planned Unit Development (PUD)  Preliminary Plat: Broadway on 10 Mr. Leeseberg presented Mr. Carlton’s staff report. Mayor Dietz opened the public hearing. David Fasanello, 18386 Xerxes Street, expressed traffic concerns and would like to see two connections. He suggested Yankton Street be turned into a one-way to the City Council Minutes Page 4 July 6, 2021 ----------------------------- north and the yellow route extension added (as noted on the map in the presentation and is Business Center Drive east of the proposed development). He asked Council to follow the Planning Commission’s recommendation of denial. Bob Beck, 18454 Waco Street, expressed concerns with losing his land and privacy if the corner of his property is taken to add the yellow route. He said it would not be fair to have traffic directed his way and he would like to see traffic directed to the west or down Yankton Street. th Daniel Leistico, 18627 144 Street, asked for clarification on whether the project is for senior/55+ housing. He expressed concerns with added emergency vehicles responding to the new development and felt the yellow route was needed for them. The applicant clarified the project is not restricted for senior/55+ housing. th Jim Berg, 14364 184 Lane, stated the yellow route needs to be completed and expressed the following concerns: 1. The Highway 10 access located to the west because it is not lit, has no signal, traveling speeds are high, there is a median to cross, winter road conditions, and weekend, commuter, and holiday traffic patterns. rdrd 2. 183 Avenue and Waco Street: Waco is two-lane from Highway 10 to 183 Avenue where he turns in and has issues with tailgaters and people passing on the wrong side of the street. An adjacent area, if developed will bring in more traffic. 3. Yankton Street and Xerxes Street. These streets are too curvy and not designed for through traffic. He mentioned service trucks, such as delivery and garbage, utilizing the streets and hindering traffic. Sandy Renz, 18493 Yankton Street, questioned if Yankton Street is built to city street specifications believing it is not. She stated the yellow route should be built and Yankton Street should not be a 2-way street. Jean Daily, 18429 Xerxes Street, stated with the additional traffic she has safety concerns for kids sitting/playing in the street and would like the yellow route added. Allan Slizewski, 18381 Yankton Street, questioned the accuracy of the traffic study. He stated any development will significantly increase traffic and high density should not be put on tighter roads. John Jordan (planning commissioner), 18401 Yankton Street, stated he is speaking as a resident of the area. He referenced his letter and stated parking is at a premium and it’s more difficult for vehicles to travel on Yankton Street because the townhomes are 10’ apart and driveways are close together. He is okay with the proposed project but would prefer a more upscale design. He would like to see the yellow route extension. He expressed concerns with traffic. Todd Olin, Landform Professional Services, speaking on behalf of the developer, gave a presentation reviewing the project. He reviewed trip generation numbers and City Council Minutes Page 5 July 6, 2021 ----------------------------- timing of travel to Highway 10. th Michelle Wallace, 18628 144 Street, stated she has to cross the median at the Highway 10 access point during peak commute times and it is difficult to see and cross the highway. Tom Hetland, 18427 Xerxes Street, suggested putting a tube traffic counter out to tally vehicle trips. He would not like the blue route extension completed so everyone will be required to utilize the Highway 10 access. He expressed concerns with traffic and being subjected to emergency vehicles and suggested checking the street standard specifications to make sure it’s built to handle the capacity. Todd Olin noted MnDOT completed a review of this project. He is adamant about keeping the entrance on the north part of their site open for construction traffic. He stated this is supported by MnDOT whose only restriction is no staging in the right- of-way. He stated all construction traffic will be direct off Highway 10. Richard Campion, 18413 Yankton Street, stated he’s a retired police officer and believes the traffic study is incorrect regarding the 85%/15% split of traffic. He asked why 100% of traffic can’t be directed to the Highway 10 access. He stated there will be accidents at the Highway 10 access and everyone will use the neighborhood street to be safe. He stated the yellow route should be installed. He suggested the blue extension be set for emergency vehicle use only. Mayor Dietz closed the public hearing. Councilmember Christianson feels the project fits the intended use of the area, but he has traffic concerns. He has a hard time understanding how 150 cars an hour is considered a livable standard. He concurs with the Planning Commission recommendation that Standards #4 and #5 of a CUP are not met. Councilmember Beyer questioned if Big Lake Township submitted their comment letter. He understands landowner rights to develop property but feels there is a neighborhood safety concern and the only way he can vote yes is if the yellow route is installed. Mr. Leeseberg stated Big Lake Township had no issue with the development if the yellow route is installed and would be more open to having a road extension toward Big Lake if there is a secondary access. Councilmember Christianson questioned if the original intent for Business Center Drive was as a frontage road. Councilmember Westgaard stated when the plat was approved the entire West Oaks development, which includes everything already constructed and the proposed new construction, was to be serviced by Yankton Street. There was discussion about efficiencies that could be gained by connecting to Business Center Drive, but the City Council Minutes Page 6 July 6, 2021 ----------------------------- developer did not have control of the remaining parcel to complete the connection. Councilmember Westgaard asked why Planning Commission had a split vote. He questioned why some members believed the streets were inadequate when it is constructed to the same street standards as every other development in the city and works. He would refer this back to Planning Commission for further explanation on why the street is inadequate and why a split vote for not allowing the developer to finish building out the West Oaks plat. He further noted the City Council can’t govern outside its boundaries and questioned why this project is contingent upon Big Lake Township access. Councilmember Westgaard stated it’s a common occurrence where the first of many phases of a development are completed, people get used to it being quiet and having less traffic, then get upset when there is change. He stated original planning of this project called for increased traffic when additional phasing was completed, and the streets were designed and built to service the entire plat. Councilmember Westgaard stated the lone property owner on the yellow route has never been part of the plan to develop West Oaks and it’s not fair for him to give up his property to benefit the other neighbors. He further commented it would be good to work with the property owner to find a solution to establish the yellow route. Councilmember Wagner concurred with Councilmember Westgaard’s statement regarding development phasing and people having a hard time with change. She further cited many examples where the city completed planning for large areas and residents are later upset about changes happening in their neighborhoods, which have already been planned out. Councilmember Wagner stated it is not fair to take away land from the one property owner and she is surprised by the amount of people who were for using his property. She further commented she doesn’t feel right making it a condition in the CUP when the property owner has nothing to do with the development of this plat, but she would be willing to work with him to make the connection work. Councilmember Wagner questioned when emergency vehicles/response became a bad thing and would want this service easily accessible to her home. She stated the street was developed for handling additional traffic and the project is zoned correctly. She noted there will more traffic on Yankton Street whether the road extensions are added. She stated this is a good project and is difficult to say no because if follows the city’s comprehensive plan and zoning ordinances and the infrastructure is in place to handle it. Mayor Dietz asked for clarification on Big Lake Township’s support for the project. He expressed concern for traffic at the Highway 10 access. He is taken aback by resident’s comments who don’t want people to use the streets they live on. He would like to see the yellow route completed but doesn’t know how the city can force an adjacent property owner to participate. He is willing to work with the property owner on a solution. He also stated the city can’t require the extension for the City Council Minutes Page 7 July 6, 2021 ----------------------------- Township. Mr. Leeseberg clarified Big Lake Township is not opposed to the frontage road access if the yellow route is completed. He stated they don’t want to see 85% of traffic use that access but they do own right-of-way and future intent is for it to be a service drive between Elk River and Big Lake along Highway 10. Councilmember Beyer is not opposed to the project, but he would like to find a solution for better traffic flow if the red and yellow routes are not built. He questioned if one way in and out of the development was acceptable. Councilmember Christiansen asked if there was a guide to define how much traffic a one way in and out could handle. Mr. Leeseberg stated it’s not uncommon for cities to take advantage of opportunities for land acquisition for future road extensions. He compared it to puzzle pieces and cited examples where you’ll see dead-end trails that appear to go nowhere, but there is a long-term connection plan behind them. He further noted there are two access points in and out of the development. He stated the other access points will get developed but may not be ready now. Council discussed conditions of the CUP. Mayor Dietz stated there may be a way to finance the yellow route with tax abatement. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, CU 21-10 establishing the Broadway on 10 residential planned unit development with the following conditions to satisfy the standards set forth in Section 30-654: 1. A PUD agreement shall be approved by the City Council and signed by both parties prior to the issuance of building permits for any building within the project area. 2. The field road access to Highway 10 shall be removed and vacated in accordance with MnDOT standards. 3. All comments noted in the staff comment letter dated May 7, 2021, shall be addressed prior to sending the PUD agreement to the City Council for approval. 4. Direct staff to immediately begin work on extension to the east (Waco). (Pursue not required) Motion carried 3-2. Councilmember Christianson and Beyer opposed. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Preliminary Plat, P 21-05 Broadway on 10. Motion carried 3-2. Councilmember Christianson and Beyer opposed. City Council Minutes Page 8 July 6, 2021 ----------------------------- 8.1 Discuss Work Session Items Mr. Portner presented the staff report. He noted future topics regarding sewer and water access fees, priority list for American Rescue Plan Act (ARPA) funds, and watering restrictions. 8.2 FTCenter Update Councilmember Westgaard asked if Councilmember Wagner could be appointed to the branding taskforce that would work with the consultant for the FTCenter. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to appoint Councilmember Wagner to the taskforce. Motion carried 5-0 9. Council Liaison Updates Councilmembers provided updates from the respective advisory boards. 10.1 Evidence Technician Position Chief Nierenhausen presented the staff report. Mr. Portner stated staff will review and score the position if Council understands the need for the changes, noting it may impact pay. Councilmember Westgaard stated there is no doubt duties and responsibilities with evidence gathering have changed significantly over the last few years and it should be re-evaluated. Council consensus to accept the changes to the position description. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:57 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk