Loading...
02-22-2022 CCMCity of �= Meeting of the Elk River City Council ver Held at the Elk River City Hall Tuesday, February 22, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Public Safety Director Justin Femrite, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Parks and Recreation Director Michael Hecker, Police Chief Ron Nierenhausen, Economic Development Director Brent O'Neil, Human Resources Representative Lauren Wipper, and City Clerk Tina Allard Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:18 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Council removed Item 6.2 from the agenda and added Item 9.5 regarding a discussion about the Furniture and Things Community Event Center. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 February 7, 2022, Regular Minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Ordinance 22-04 amending liquor regulations under Section 6-52(2)b regarding wine licensing and strong beer permission of the City of Elk River, Minnesota, City Code. 4.5 Renew Consumption and Display Permit for Superior Studios, Inc. DBA Board & Brush Creative Studio effective April 1, 2022, through March 31, 2023. City Council Minutes February 22, 2022 Page 2 4.6 Change Secretary -Receptionist position from part-time to full-time with Dawn Swanson filling the position effective Wednesday, February 23, 2022. 4.7 Resolution 22-12 to elect the standard allowance available under the revenue loss provision of the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. 4.8 Change orders as outlined in the staff report. 4.9 Award bid to Northwest, Inc., for the Trott Brook Park Tennis Court improvements and LED Lighting Alternate One. 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 February Volunteer of the Month award to Brenda Roux. He highlighted the following: ■ Served on youth basketball board. ■ Board member for Thumbs Up since 2016 and board chair since 2021. Active in Thumbs Up 5k/10k and cheer bag drive. ■ Vice chair for Biz -to -Biz group. ■ Member of the suicide prevention panel at the Elk River High School. 6.2 Recognize Mayor for a Day Honorable Mention Essay Winner This item was removed from the agenda. 6.3 City Prosecutor and County Attorney Annual Legal Update City Prosecutor Scott Baumgartner and County Attorney Kathleen Heaney gave their presentation as noted in the staff report. Ms. Heaney provided a recap of 2021 cases and discussed current challenges. She noted the following: ■ 20% increase in cases. Elk River ranked sixth for arrest of impaired drivers. ■ Court backlog is challenging with online meeting schedules. ■ Elk River Police Department is well run, professional, and very well prepared. Mr. Baumgartner concurred with Ms. Heaney's comments stating reports are well - written and credit should go to the field training officers. He commented on the following frustrations: I I i E I E I I f NA TURD City Council Minutes February 22, 2022 Page 3 f ■ Backlogs with the court system because memories fade and witnesses disappear so cases are more difficult to prosecute. ■ Holding virtual meetings, noting it can be difficult to get resolution on a case because defendants don't take things as serious and are not pleading, which can make the process longer. 7.1 Conditional Use Permit: Extend Mineral Extraction Operations at 1 1650 225t" Avenue, Knife River 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 approve Conditional Use Permit, Case No. CU 22-01 authorizing continued mineral extraction, operation of the asphalt plant, and hauling operations on the properties authorized under CU 97-02, CU 09-14, CU 20-10 with the following conditions: 1. All previous conditions of approval included in CU 97-02, CU 09-14, CU 20- 10 remain in place. 2. Staff approval of a new reclamation plan for the entire site, to include a ' timeline for completion of the mineral extraction operations. Motion carried 5-0. 7.2 Conditional Use Permit: Amend Existing Agricultural Research CUP to Facilitate a New Feed Mill, PID 75-013-2100 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 Beyer and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU 22-03 authorizing expansion/modification of the existing agricultural research facility by replacing the existing feed mill. Motion carried 5-0. 7.3 Amendment to Conditional Use Permit: 10752 168t' Circle, Royal Oak Acquisitions, LLC 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. fo■EOEi 11 NATURE City Council Minutes February 22, 2022 Page 4 Moved by Councilmember Christianson and seconded by Councilmember Beyer to approve Conditional Use Permit amendment removing Condition #1 from CU 21-02 as the previously required easement is no longer required for access to the adjacent parcel. Motion carried 5-0. 7.4 Conditional Use Permit: 1,000 sq. ft. Addition to Educational Institution (Lincoln Elementary) at 600 School Street, Independent School District #728 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 Wagner to approve Conditional Use Permit, Case No. CU 22-02 authorizing expansion of the existing educational use as the standards set forth in Section 30-654 have been satisfied. Motion carried 5-0. 7.5 Conditional Use Permit: Amend Wall Sign Requirements for Hillside Crossing II Planned Unit Development, 19463 Evans Street, DeMars Signs/Salvation Army 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 Wagner and seconded by Councilmember Christianson to approve Conditional Use Permit, Case No. CU 22-04 amending the Hillside Crossing II Planned Unit Development design standards for CIC NO. 73, Northbound Crossing Condominium, Unit 1 to allow wall signage consistent with the Highway Commercial Zoning District. Motion carried 5-0. 7.6 Simple Plat: Tritabaugh Estate, Jason Tritabaugh Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Jillian Ringer, 10087 209`' Avenue — asked for a review of the eight conditions required by the city, which Mr. Leeseberg provided. Jason Tritabaugh, 633 Main Street — stated this a family property and he hopes to preserve as much of the woodland as possible. 1 V E A E 1 / 1 NATURE City Council Minutes February 22, 2022 Mayor Dietz closed the public hearing. Page 5 Councilmember Westgaard asked about the county's feedback regarding driveway access on the county road. Mr. Leeseberg stated the county wouldn't provide comment saying they will soon no longer own the road. He noted the applicant would be required to get an access permit from them if he applied for a building permit tomorrow. Councilmember Westgaard stated this should be a coordinated effort and expressed concerns with the city approving the subdivision and the applicant possibly being denied the access permit. Mr. Tritabaugh noted it took a year to get the letter from the county. Mayor Dietz further noted there is no guarantee the city will take over the road in the future. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 22-13 granting Final Plat approval for Tritabaugh Estate, Case No. P 22-02. Motion carried 5-0. 7.7 Ordinance Amendment: Site Plan Review and Approval Process Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Debbie Rydberg, Elk River Area Chamber of Commerce - stated this ordinance is a positive step to providing clarity to new and growing business and would help streamline processes, which saves time and money. She asked the council to support the ordinance. 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 adopt Ordinance 22-05 amending Chapter 30, Article VI, Division 2 and adding Subdivision V, Site Plan Review and Approval to the City of Elk River, Minnesota, City Code. Motion carried 5-0. Moved by Councilmember Wesgtand seconded by Councilmember Christianson to adopt Resolution 22-14 approving Notice of Summary Publication of Ordinance 22-05 an ordinance outlining the Site Plan Review and Approval Process. Motion carried 5-0. 8.1 Parks and Recreation Naming Policy Requirements [NATURE] City Council Minutes February 22, 2022 Mr. Portner presented the staff report. Page 6 Mayor Dietz mentioned a commissioner's comment that a park could be named after Mr. Barth if he were alive today, so it didn't make sense to have a two-year wait requirement after someone died. Councilmember Wagner noted the school district has a moratorium on naming. Moved by Mayor Dietz and seconded by Councilmember Westgaard to approve removal from the Naming Policy the elimination of the requirement to wait two years after a person has been deceased. Motion carried 5-0. 8.2 Naming the Two Softball Fields at Lion John Weicht Park to John Barth Fields Mr. Portner presented the staff report. Mayor Dietz stated he approached the school district first about naming opportunities but was told it can't be done. He felt naming the softball fields was a viable alternative. He discussed Mr. Barth's community accomplishments and all he has done for the youth. He suggested using the GRE Fund to pay for the signage. Councilmember Wagner didn't know Mr. Barth but everything she has heard is how he was a tremendous person and has done wonderful things and had an impact on sports and community. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve naming the two softball fields at Lion John Weicht Park the John Barth Fields. Motion carried 5-0. 8.3 Property Acquisition Acceptance from MnDOT Mr. Femrite presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 22-15 approving the conveyance of certain property to the Minnesota Department of Transportation. Motion carried 5-0. 8.4 Advisory Board Appointments Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the following appointments: Planning Commission Term Perm, Beise 2/28/2025 Ericjohnson 2/28/2025 NATURE City Council Minutes February 22, 2022 Enewry City Commission Term Mark Peterson Ener ), related business 2/28/2025 Tom Sagstetter ERMU Re 2/28/2025 Heritage Preservation Commission Term Tony Mauren 2/28/2025 Utilities Commission Term Stewart At -Large 2/28/2025 -Man- John Dietz Council Rep 2/28/2025 Multipurpose Facili1y Advisory Commission Term Mike Cunningham School District Re 2/28/2025 Kara Walker Skating Club Re 2/28/2025 Matt Wes gaard Council Re 2/28/2025 Parks and Recreation Commission Term Ryan Ho en 2/28/2025 Greg Loidolt 2/28/2025 Motion carried 5-0. Council recessed at 7:12 p.m. and reconvened in worksession at 7:18 p.m. 9.1 Main Street and Gates Avenue Development Proposal Page 7 Mr. O'Neil presented, and Mr. Carlton discussed planning commission's review of the concept as noted in the report. Matt Mullins, The Mullins Group, stated he'd like to gauge Council's interest in the concept and their appetite for certain incentives as it relates to tax increment. He provided an overview of their concept and discussed developer experience, site location, lot dimensions, surrounding land uses, zoning, and budget/taxes. He discussed parking requirements noting Elk River has a higher requirement than other communities. He stated most city codes require two stalls per unit, but Elk River requires 2.86 stalls per unit. His concept proposes 116 stalls, which is 2.11 per unit and would require a variance. Dean Dovolis, DJR, discussed the proposed site layout and proof of parking option. He suggested building part of the project and leaving a certain area open to gauge r rNATUREE] City Council Minutes February 22, 2022 Page 8 parking demand, which would help manage project costs and leaves more of the site green if the demand isn't realized. He further discussed other aspects of the concept, noting a certain number of units could be live/workspace; whereby a person could live in the unit and run a small business. He stated the building is geared toward larger units, which people tend to stay in longer. He stated people are choosing rental as a lifestyle and want additional space, likely due to covid/work from home. He further reviewed the architecture, elevations, and renderings. Mr. Mullins discussed market fundamentals, rents, low vacancy rate, market trends compared to the metro area, and infill development pros and cons. He discussed building and financial challenges and their 20-year tax increment financing request. Mayor Dietz asked staff their comfort level with the parking per unit at 2.11. Mr. Carlton stated there has been history of reducing parking with some success, but it all depends on the project details with the number of bedrooms and the retail/commercial uses. He stated on -street parking is not practicable in this location. Councilmember Beyer expressed concerns with the proof of parking being the privately owned parcel adjacent to the project. Councilmember Westgaard stated he likes the project and the mixed uses and would support a marque project with higher quality materials that can also attract additional quality development but questioned the need to do tax increment for housing. Mayor Dietz stated there is hesitancy of the Council to use tax increment and asked if it is worthwhile to have the developer go through the application process. Mr. O'Neil stated yes, and the developer was looking for feedback on options if costs increase for the project. Councilmember Wagner stated there may have been talk of the Housing and Redevelopment Authority (HRA) regarding site acquisition costs and the use of tax increment and asked for clarification on how the HRA would be involved. Councilmember Westgaard agreed noting this started as an HRA initiative. He suggested sending it back to the HRA directing them to get creative and think about how they'd like to fund this in their plan to redevelop this corridor. He stated he would like to see the project cointinue forward. Mayor Dietz suggested a review of the housing study in relation to tax increment. The Council is open to the project and directed work back to the HRA. 9.2 Consider Memorial Day Parade as City Event Mayor Dietz asked Council if the Memorial Day parade can be a city -sponsored event and if they would provide barricades and police support. He said he can have volunteers do the other event tasks. I E R E I 1 l NATURE City Council N inutes February 22, 2022 Page 9 Chief Nierenhausen stated because this is a holiday, there may be costs related to holiday pay, noting it can be difficult to get police reserves to work. He further stated there has not been a line item in the budget for other parades they have supported (county and school district). Councilmember Wagner would like to find a way to support the parade as it sounds like it is a good long-standing tradition from the past and the city can find a way to pay for it. Councilmember Christianson expressed concerns with setting a precedence and asked how this event can be distinguished differently so they don't have to offer the same support to other entities. Mayor Dietz concurred and suggested a policy listing the events Council will support. Mr. Portner suggested limiting the support to governmental entities. Councilmember Westgaard concurs on supporting the event as the city doesn't do enough to honor veterans. Councilmember Beyer concurred stating it is emotional and particularly important to him due to his past military experience. i Council consensus is to support the parade as a city event with the city providing barricades and police protection and directed staff to draft a policy regarding city - sponsored events. 9.3 Compensation Plan Update Mayor Dietz had concerns with the compression of pay within the police department and felt it was time to complete a review of the compensation plan. Councilmember Westgaard stated this should be completed prior to the 2023 budgeting process. He stated with the current job market and higher turnover rates, it is good to review the plan regularly to make sure compensation is set fairly. Ms. Wipper stated the city has been using the same comparison group for years and it may be time to evaluate it. Mr. Portner suggested a review of the peer group comparison as well to make sure it is still still reflective of Elk River similarities. 9.4 Set Date for Annual Visioning Meeting Mr. Portner presented the staff report. f I i F l F r r NATL City Council Minutes February 22, 2022 Page 10 It was consensus of the Council to set the date for Wednesday, April 20, starting at noon. 9.5 Furniture and Things Community Event Center Councilmember Wagner stated she'd like to discuss current activities at the FTCenter. She specifically noted vandalism and a partner experiencing user harassment issues. Councilmember Westgaard stated Council needs to be designate a person to manage the corporate sponsor agreements. He noted there has been vandalism by kids, which is typical in these types of facilities. He further noted Elk River Youth Hockey has been difficult. He stated the cafe has only been open for two weeks so there are new things occurring which no one can anticipate. Mr. Portner stated the sponsorship agreements outline him as the point of contact and lays out the responsibilities for both parties. He stated the city has a concessions agreement with Serrano Brothers Cafe effective February 8, noting they haven't had time to work through issues and process. He noted visitors to the facility have been positive and it's been Elk River residents who have not. Mr. Portner stated they have met with Elk River Youth Hockey representatives who have not shared information from those meetings with the members. Councilmember Wagner stated 90% of the issues can be resolved with communication. She expressed concerns with the Covid culture and doesn't want it to continue. The Council expressed frustration with misinformation and discussed perceptions and not being able to move forward from them. Councilmember Wagner stated she wants visitors to walk in, say wow, and when they leave, they can't wait to come back. She noted most visitors feel this way and the Council has worked hard to build this facility for everyone and she wants the partners to remain happy. She stated we can't change the bad apples, but the city can send out strong messages by repeating conversation and communications. Councilmember Westgaard noted Elk River Youth Hockey was provided numerous opportunities to participate and to build things into their contract, but they never even came to the table. Mayor Dietz is bothered by what Youth Hockey is telling people when they have had plenty of opportunities and have chosen not to participate. He suggested discussing the issues during contract negotiations. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:34 p.m. City Council Minutes February 22, 2022 J )h J. -)ietz, N yor Tina Allard, City Clerk i Page 11 II�EAEI 11 INATUREI