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05-02-2022 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, May 2, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Jennifer Wagner, and Matt Westgaard. Councilmember Garrett Christianson via Zoom, but not voting member due to a late COVID exposure and notification requirements could not be met. Members Absent: Others Present: None Attorney Peter Beck Staff Present: City Administrator Calvin Portner, Deputy City Clerk Jolene Richter, Senior Planner Chris Leeseberg, Economic Development Intern Josh Mollan, Furniture and Things Community Event Center Superintendent Tim Dalton 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 6:36 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mr. Portner asked to replace Item 6.1 Introduction: Library Services Coordinator with 6.1 Introduction: Economic Development Intern. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the agenda, as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 Minutes ■ April 18, 2022, Closed Minutes ■ April 18, 2022, Regular Minutes * April 20, 2022, Visioning/Goals 4.2 Check register as outlined in the staff report 4.3 Facilities Maintenance Restructuring as outlined in the staff report 4.4 iBackCheck Sport Therapy Lease Agreement 2022-15 City Council Minutes May 2, 2022 Page 2 4.5 The promotion and designation of Mark Pistulka to the position of Building Official effective May 3, 2022. 4.6 Termination of Wastewater Disposal Permit for Great River Energy Peaking Plant 4.7 Lease Agreement 2022-16, with Keith Weber to farm former sludge land property owned by the Wastewater Department. 4.8 Resolution 22-23 approving a corrective deed transferring the city's interest in the two parking lots supporting the property at 413 Proctor Avenue. Motion carried 4-0. S. Open Forum Brett Collier, 22594172nd Street NW, Big Lake, expressed concerns regarding voter integrity and the use of electronic voting equipment. Mr. Collier gave sample resolution to the Council for consideration. 6.1 Introduction: Economic Development Intern Mr. Portner introduced Economic Development Intern, Josh Mollan. The Council welcomed Mr. Mollan. 7.1 Annual Stormwater Pollution Prevention Program Update Mr. Sandhoefner presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. 7.2 Daniel Kruger, PID #75-871-01 OS a. Land Use Amendment: Single Family Residential to Mixed Residential Neighborhood b. Zone Change: Single Family Residential (R1b) to Residential (R2b) Mr. Leeseberg presented staff report. Mayor Dietz opened the public hearing. Michael Klopping, 18540 Troy Street NW, expressed concern regarding the driveway going past his bedroom windows and having the front of the houses facing his backyard. Tracy Norberg,18746 Troy Street NW, feels the driveway access should be on 185`h Street, not Troy Street. Mr. Norberg expressed concerns regarding the lot size for the four-plex being too small. r 0 V I R I I I NATURE City Council Minutes May 2, 2022 ,ram { Linda Klopping, 18540 Troy Street NW, asked questions regarding driveway placement., which staff answered. Mayor Dietz closed the public hearing. Page 3 Mayor Dietz asked if the building could be turned so both driveways could come out on 185`h Avenue? Mr. Leeseberg explained they could not have the driveway come out on 185 h because of the Minnesota Department of Transportation's (MnDot) right of way. Mayor Dietz asked could the whole development be moved to the South to make more room on the North side of the property. Dan Kruger, 18682 Queen Circle, stated there will be two neighbors facing his property so he will install a fence. He was amendable to moving the buildings if it is required. Mayor Dietz clarified the applicant will install a privacy fence. Mr. Kruger stated yes. Mayor Dietz asked how far the buildings could be moved toward 185`h Avenue. Mr. Kruger stated he is working with Landform, and he would move it to the most reasonable location. Councilmember Westgaard asked if the request to rotate the buildings can be accommodated. Mr. Kruger explained the best design to lead to the happiest tenants would be the current four plex design and it does not make much sense to spin it or do another design. Councilmember Westgaard asked Mr. Leeseberg about the Planning Commission's willingness to change the zoning from residential to mixed residential being that typically they try to go away from spot zones. Mr. Leeseberg explained the Planning Commission didn't discuss it too in-depth at their last meeting, because it was discussed in the concept review, by both the Planning Commission and City Council and there was non -binding approval for the zoning change. The direction was to move forward with the application. There was discussion regarding the lot size and building guidelines. tU P 0 1 E R E 0 0 7 NA TURD City Council Minutes May 2, 2022 Page 4 There was added discussion about adding a fence to the north side as a condition and moving the building to the south as a condition to the amendment. Mr. Kruger agreed to the conditions of moving the building as far south as possible as Landform and the city decides. He will build a 6-foot white vinyl fence. Mr. Kruger agreed the fence will be installed before the certificate of occupancy is issued. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 22-24 amending the Comprehensive Plan to change the land use from traditional single-family residential to mixed residential. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Ordinance No. 22-10 amending the zoning map to rezone certain property from single family residential R1-b to two family residential R2-b with the following conditions: 1. The Land Use Amendment, to Mixed Residential (LU 22-01) shall be approved by the City Council. 2. The existing driveway along the east property line must be improved to city standards consistent with private streets 3. Staff approval of an easement providing perpetual, non exclusive, cross access movement for vehicular and pedestrian traffic over the improved driveway along the east property line. The easement provides access to the four properties north of the subject property. 4. The easement will need to provide that the grantor of the easement will be responsible for the construction, maintenance, and upkeep of the paved access drive across the subject property. 5. This approval shall not become final, and building permits will not be released, until the easement has been recorded. 6. A six foot tall, 100% opaque, fence be installed along the entire northern property line prior to the certificate of occupancy being issued. 7. The building shall be moved as far south as possible, while still meeting dimensional requirements such as driveway setbacks. Motion carried 4-0. 8.1 Goals Update Mr. Portner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the 2022-2023 City Council goals as outlined in the staff report. Motion carried 4-0 iATUIZE] OIEREI II City Council Minutes Page 5 May 2, 2022 ----------------------------- 8.2 Zamboni Purchase Mr. Portner presented the staff report. There was a discussion of whether ARPA funds should be used to pay the down payment of $25,000. Mayor Dietz agrees a Zamboni is needed but does not want to use ARPA funds. He would like ARPA funds to be used in a way to help benefit every citizen. He suggested using the GRE Fund. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the purchase of a Zamboni with ARPA funds. Motion carried 3-1. Mayor Dietz opposed. Councilmember Westgaard directed the Multipurpose Facility Advisory Commission to determine lost revenue, as a result of the pandemic. 8.3 Direction for Junior Hockey Team Agreement Mr. Portner presented the staff report. There was discussion that this topic needs to be brought to the Multipurpose P gFacility Advisory Commission then back to Council. Council clarified the Junior hockey team would not affect current ice users such as youth hockey and the high school teams. Preference will be given to current users first and Junior hockey will mainly use daytime ice. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the Junior Hockey team for a one-year agreement that would not commit the city to any capital investments and the agreement will prioritize the existing users. Motion carried 4-0. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Wagner asked to add a discussion regarding the ARPA funds. 9. Council Liaison Updates Council provided updates of the various advisory boards as noted in the respective board minutes. NATURE City Council Minutes Page 6 May 2, 2022 Mayor Dietz asked about Mr. Portner's meeting with Republic. Mr. Portner explained why some of the transition issues occurred. It was agreed all calls should go through Elk River Municipal Utilities. The ERMU staff has been phenomenal throughout this whole process. Mayor Dietz asked to withhold payment to SRF and New Look Contracting until the pickleball court situation is resolved. 10. Work Session There was no work session. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:37 p.m. Minutes prepared by Jolene Richter. Tina Allard, City Clerk P 0* E I E I I I NATURE]