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4.1 DRAFT MINUTES (2 SETS) 01-03-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, December 20, 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, Senior Planner Chris Leeseberg, Environmental Coordinator Amanda Erickson, and Records Specialist Katie Porath 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 6:17 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 December 6, 2021, Minutes 4.2 Check register as outlined in the staff report. 4.3 Pay estimates 4.4 Parrish Avenue Bridge Maintenance Agreement Resolution 21-98 4.5 Call Special Meetings 4.6 International Union of Operating Engineers Local No. 49 Master Labor Agreement for January 1, 2022, to December 31, 2024 4.7 Liquor License for Ortiz 6, LLC, Mucho Loco Elk River 4.8 Otsego Fire Services Agreement 4.9 Resolution 21-95 Authorizing Submission of a Minnesota Capital Grant Application 4.10 Resolution 21-96: Prescription Opioid Litigation Settlement 4.11 Resolution 21-97 2022 Compensation Plan 4.12 Hire Fulltime Liquor Store Clerk City Council Minutes Page 2 December 20, 2021 ----------------------------- 4.13 Professional Service Agreement Amendment for Trott Brook Park Tennis Court 4.14 Hire Park Maintenance Worker 4.15 Hire Permit Technician 4.16 Hire Accountant Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. Lavina Hoselton, 12964 Meadowvale Rd NW, expressed concern that the law enforcement statue the Police department is raising money for should be more inclusive and the council should consider adding another child of a minority race. Mr. Portner explained that the picture of the statue is from a different city and the statue in Elk River would not be identical. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the December Volunteer of the Month award to David Rogers. He highlighted the following:  Elk River Lions Club member for 12 years.  Awarded President’s Appreciation Award twice by Elk River Lions for taking care of equipment and contacting members about events.  Woodland Trails Park volunteer since early 1990s grooming cross country ski and hiking trails.  Also works on Woodland Trails Park during summer months clearing trails.  Member of his church council, call committee and ushers  13 years of helping to raise money in the MS-150 bike event.  Two years of participation in the Leukemia bike event fund raiser. 6.2 Great River Energy Elk River Station Demolition and Restoration Ms. Erickson presented the staff report. Tim Steinbeck, GRE Director, Cassie Johnston, GRE Environmental Administrator, were in attendance and gave an overview of the project. Mayor Dietz asked about the concrete walls. Ms. Johnston explained that GRE received approval to leave some of the walls to stabilize the hill. Mr. Portner asked why some of the seed blankets were darker in the pictures. City Council Minutes Page 3 December 20, 2021 ----------------------------- Ms. Johnston explained that the darker blankets were in an area that receives more runoff. 7.1 Ordinance Amendment: City of Elk River, Commercial Kennels as Allowed Use in Highway Commercial District 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 adopt Ordinance 21-13 amending Chapter 30-1024, C-3 Highway Commercial District. Motion carried 5-0. 7.2 Mouafeng Lo, Doggy Stylez Pet Grooming and Boarding: Operating Commercial Kennel for Grooming Purposes at 920 Highway 10  Conditional Use Permit  Commercial Kennel License 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 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: 1. Ordinance Amendment (OA 21-02) shall be approved by the City Council. 2. Prior to recording, the city building official and fire marshal shall inspect the building for compliance with all state and local building codes. 3. The authorized Conditional Use Permit shall be recorded, and the use shall not begin prior to recording. 4. Animals shall only be allowed outside under direct supervision. 5. No more than four (4) animals per supervisor shall be allowed outside the fenced area and must be leashed at all times. 6. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m. 7. The outdoor play area will be screened by a six-foot opaque fence. Vinyl, or other, slats in chain link fencing shall not be used. 8. Noise shall be mitigated to not create a public nuisance for adjoining properties. If a dog continuously barks, it must be brought inside. 9. A commercial kennel license from the City of Elk River must be obtained. Motion carried 5-0. City Council Minutes Page 4 December 20, 2021 ----------------------------- Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve a commercial kennel license valid through December 31, 2022. Motion carried 5-0. th 7.3 Conditional Use Permit: Cargill Animal Nutrition Center, 10383 165 Ave, Agricultural Research 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 Westgaard asked if the new curb cut for driveway access could line up with the extension of Nature’s Edge. Mr. Leeseberg stated he would bring this up with the engineer. Council agreed to waive the curb requirement since much of the project is a private drive. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve Conditional Use Permit 21-16 with the condition staff approve all site, civil, and architectural plans. Motion carried 5-0. 7.4 Tall Pines Planned Unit Development Third Addition  Preliminary Plat  Conditional Use Permit 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 Westgaard asked about filling in the wetland and if the property next to the proposed stormwater pond had proper setbacks. Roger Derrick, representing Tall Pines, responded that the majority of drainage would go into the existing large pond as part of the original design. The remainder would go into a pond along Line Ave. All setbacks were met in the building adjacent to the stormwater pond. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit establishing a residential Planned Unit Development (PUD), with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. City Council Minutes Page 5 December 20, 2021 ----------------------------- 2. Streets and access must comply with MN State Fire Code Chapter 5 and Appendix D. 3. Provide detail connections to sewer and water systems and ensure the watermain is looped. 4. Staff approval of all site, utilities, engineering, and landscaping plans. 5. Hydrants must be spaced to ensure all portions of a residence are within 250 feet of a hydrant. 6. DNR approval of all wetland permits related to the proposed wetland fill. 7. A homeowner’s association must be established, subject to review and approval of the city attorney, and shall be responsible for all, landscaping, snow clearing, and regular maintenance of private drives and driveways. 8. Adjacent homes shall not be the same color. 9. No more than two of the same façade design/details shall be adjacent to one another. 10. Provide a trail connection from the end of the private cul-de-sac to the trail along the west side of Twin Lakes Road or to the development to the north. 11. Mailboxes shall be clustered and located on the private street. 12. Construct a sidewalk from the south side of the entrance to Tall Pines PUD second addition to the south side of the project area. 13. Staff approval of a landscape plan with additional screening along the southern lot line to buffer the commercial use. 14. A commercial kennel license from the City of Elk River must be obtained. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Christianson to approve the Preliminary Plat of Tall Pines Third Addition PUD: 1. Council approval of the update to the Conditional Use Permit (CU 21-08). Motion carried 5-0. 7.5 Zone Change: City of Elk River, Natures Edge Business Center Third Addition, Business Park Rezoning 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 Wagner to adopt Ordinance 21-14 amending the Zoning Map of the City of Elk River, Minnesota, to Rezone Certain Property from Agricultural Research (AR) to Business Park (BP). Motion carried 5-0. 8. General Business There are no General Business items. City Council Minutes Page 6 December 20, 2021 ----------------------------- 9. Work Session There are no work session items. Mayor Dietz read the statement on the agenda outlining the need to hold a closed meeting. Council recessed at 7:06 p.m. and reconvened in a closed meeting at 7:10 p.m. Council held a closed meeting pursuant to MN Statute 13D.05, Subd. 1(b) to consider labor negotiation strategies for the police captain union, LELS Local 501. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:47 p.m. Minutes prepared by Katie Porath. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, December 20, 2021 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Jennifer Wagner, Mike Beyer, and Matt Westgaard Members Absent: None. Staff Present: City Administrator Calvin Portner and Records Specialist Katie Porath 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 7:10 p.m. by Mayor Dietz. 2. Closed Meeting The purpose of the meeting was to discuss the city’s labor negotiation strategy related to the city’s negotiations with the LELS Local 501, per MN Statute Section 13D.03, Subd. 1(b). 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:47 p.m. Minutes prepared by Katie Porath. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk