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4.1 DRAFT MINUTES (2 SETS) 07-18-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, June 20, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Garrett Christianson, Jennifer Wagner, and Matt Westgaard Members Absent: None Others Present: Planning Commissioner Dennis Booth, Attorney Peter Beck, and Attorney Jared Shepherd Staff Present: City Administrator Calvin Portner, Deputy City Clerk Jolene Richter, Senior Planner Chris Leeseberg, Furniture and Things Facility Superintendent Tim Dalton, Recreation Assistant Ali Wallace, Recreation Coordinator Warren Ellingworth, Police Chief Ron Nierenhausen, and Human Resources Representative Lauren Wipper 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Councilmember Wagner moved Item 4.16 from consent to discussion. Mayor Dietz added Item 6.2 Volleyball Team Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda, as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve: 4.1 Minutes  June 6, 2022, Closed Property Minutes  June 6, 2022, Closed Performance Evaluation Minutes  June 6, 2022, Regular Minutes 4.2 Check register as outlined in the staff report 4.3 Pay estimates as outlined in the staff report City Council Minutes Page 2 June 20, 2022 ----------------------------- 4.4 Resolution 22-32 appointing election judges for 2022 elections 4.5 Resolution 22-35 accepting donation from Republic Services for Cleanup Day 4.6 2022-2023 Liquor License Renewals 4.7 Temporary On-Sale Liquor License: Elk RiverFest 4.8 Temporary On-Sale Liquor Licenses: Aegir Brewing Company 4.9 Hire Code Enforcement Officer 4.10 Hire Economic Development Specialist 4.11 Deer Herd Management Plan 4.12 Amendment to Northeast Area Sewer and Water Study 4.13 Planned Unit Development Agreement: Caribou Cabin 4.14 Planned Unit Development Agreement: Broadway on 10 4.15 Hire Patrol Officers Motion carried 5-0. 4.16 Proof of Parking: Hillside Heights th Councilmember Wagner expressed concerns regarding parking and safety along 175 th Avenue. She asked for clarification on the city’s ability to control parking on 175 Avenue NW and what the setback is from Twin Lakes Road for parking. th Mr. Leeseberg clarified 175 Avenue NW can have parking on both sides of the street. He would have to refer to the ordinance regarding the setbacks for parking. th Mayor Dietz asked if they could still restrict the parking on 175 Avenue NW after they pass the proof of parking. Mr. Beck said yes and stated, if a safety issue is identified after the fact, then that issue can be brought to Council for discussion. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve Item 4.16, Proof of Parking: Hillside Heights. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the June Volunteer of the Month award to Casey Mahon He highlighted the following:  Vice Chair of Beyond the Yellow Ribbon Elk River  Manages Facebook page, coordinates news media policy, handles communication issues for Beyond the Yellow Ribbon Elk River  Former Elk River Rotary Club board member for  Past member of Elk River Rotary Club of Public Relations Committee, Membership Committee and Youth Services Committee. City Council Minutes Page 3 June 20, 2022 -----------------------------  Co-leader of Elk River Rotary project to raise $11,000 to purchase an electric, all- season six passenger cart for Magnus Veterans’ Foundation  Member, City of Elk River Energy City Commission  Provided feedback to Energy City Commission on Community Survey  Magnus Veterans’ Foundation volunteer and donor  Former board member of Elk River Chamber of Commerce and Three Rivers Community Foundation Mr. Portner added that Casey was also honored as a Paul Harris Fellow through the Elk River Rotary Club. 6.2 Volleyball Team The boys’ volleyball team won State Championship last week. Mayor Dietz would like to honor them at a future City Council meeting. st 7.1 Lund Recreational Storage, 10688 171 Lane a. Land Use Amendment: Change the Land Use from Mixed Residential to Neighborhood Commercial b. Conditional Use Permit: Establish a Planned Unit Development to Allow Mini Storage c. Plat Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing for all items. There being no one to speak, Mayor Dietz closed the public hearing. Council discussed this would be a positive change given there has been an increase of RVs parked in residents’ yards. It would provide a place for residents to store them and alleviate RV parking code issues. 7.1 (a) Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 22-33 amending the Comprehensive Plan changing the land use from Mixed Residential to Neighborhood Commercial. Motion carried 5-0. 7.1 (b) Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve, the Conditional Use Permit with the following conditions: 1. A Planned Unit Development Agreement be prepared and executed prior to releasing the plat for recording and before the Conditional Use Permit is recorded. 2. The Land Use Amendment (LU 22-02) shall be approved by Council and recorder prior to the Conditional Use Permit. 3. The property must be platted prior to issuance of any building permits. City Council Minutes Page 4 June 20, 2022 ----------------------------- 4. The fencing along the east side of the facility shall be six feet tall and 100% opaque. 5. The final site plan, landscape plan, and architectural materials shall be approved by city staff as a permitted use within the PUD. Motion carried 5-0. 7.1(c) Moved by Councilmember Westgaard and seconded by Councilmember Beyer to adopt Resolution 22-34 approving the Final Plat of Lund Recreational Storage with the following conditions: 1. Land Use Amendment (LU 22-02) shall be approved and recorded. 2. Conditional Use Permit (CU 22-12) shall be approved and recorded. 3. Park dedication shall be paid at the rate applicable prior to releasing the plat for recording. Motion carried 5-0. 7.2 Conditional Use Permit: Allow Outdoor Storage at 12777 Meadowvale Road, Elk River Winlectric. Mr. Leeseberg presented staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to July 18, 2022. Moved by Councilmember Christianson and seconded by Councilmember Wagner to continue Item 7.2 regarding the Conditional Use Permit: Allow Outdoor Storage at 12777 Meadowvale Road, Elk River Winlectric to the July 18, 2022, City Council meeting. Motion carried 5-0. 7.3 Ordinance Amendment: Section 30-793, Accessory Buildings, City of Elk River Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Council discussed the sliding scale and agreed they would be more comfortable with the scale to direct lots between 1-<5 acres can have a maximum accessory structure area of 2,500 sq. ft attached and detached and leave the rest of the sliding scale as is for larger properties. Council directed staff to rework the sliding scaled as discussed and bring it back to council. 7.4 Plat: The Crossroads Third Addition, Franklin Outdoor Advertising Mr. Leeseberg presented staff report. City Council Minutes Page 5 June 20, 2022 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to July 5, 2022. Moved by Councilmember Beyer and seconded by Councilmember Christianson to continue Item 7.4 regarding the Plat: The Crossroads Third Addition, Franklin Outdoor Advertising to the July 5, 2022, City Council meeting. Motion carried 5-0. 8.1 SRF Consulting Group, Inc. Orono Park Pickleball Court Response Mr. Portner presented the staff report. Councilmember Westgaard asked what fund would be used. Mr. Portner explained, with current vacancies it could be absorbed within the maintenance budget. Mayor Dietz stated he would agree to authorize the amount of $17,404.80 if it is the maximum. He would like to move forward with the project and this piece is delaying movement. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to authorize staff to enter into an agreement to pay and not exceed the $17,404.80 settlement. Motion carried 5-0. 8.2 Summary of City Administrator’s Performance Evaluation Mayor Dietz presented the staff report. -------------------------------------------------- Council recessed at 6:32 p.m. and reconvened in work session at 6:35 p.m. 9.1 Concept Review: Multi-Family Housing Development on Former Bowling Alley Site Mr. Leeseberg presented the staff report. Council discussed the following:  access to the property  how many units could fit due to setback requirements  parking possibilities  what type of uses they would like to see for this property There was also discussion of the applicant possibly purchasing Boy Scout Island from the city as an amenity. City Council Minutes Page 6 June 20, 2022 ----------------------------- Council agreed, given the traffic and access to the property, this plan would be a better option for the site than something with higher traffic. Council agreed to have the applicant move forward with the proposal with the recommendation of less than four units. 9.2 City Attorney Agreement for Legal Services Attorney Peter Beck introduced Jared Shepherd. Councilmember Wagner asked if Mr. Shepherd would attend Council meetings. Mr. Shepherd said he would attend the last meeting of the month and the first meeting can be requested for his attendance if needed. Mayor Dietz asked if there would be a backup if needed. Mr. Shepherd replied yes, he would make sure there would be a backup if he is not available. Mr. Beck stated it should be a seamless transition and he expressed his appreciation working with the city over the years. Council consensus to move forward with hiring Jared Shepherd as the city attorney. 9.3 CivicRec Website Module Mr. Portner introduced the staff report. Mr. Ellingworth presented CivicRec and its benefits as outlined in the staff report. Mayor Dietz asked when they would like to start using CivicRec. Mr. Ellingworth explained it would be beneficial to start now to have enough time to onboard and integrate everything with CivicRec to go live January 1, 2023. Council unanimously agreed to have Parks and Recreation move forward with CivicRec and phasing out RecTrac. 9.4 Night to Unite Chief Nierenhausen presented the staff report and proposed to centralize gathering to three locations: Trott Brook Barn, Lion John Weicht Park, and Woodland Trails. He explained residents could still have their own block party if they wanted and receive the crime reports, however if they wanted to meet staff, they would go to one of the three main locations. Chief Nierenhausen explained he would like to continue having the event and with the Police Department being short-staffed, this would be the best way to fulfill the needs of the event. He continued explaining the whole purpose of this event was to City Council Minutes Page 7 June 20, 2022 ----------------------------- meet neighbors and have them meet law enforcement and staff and for residents to learn what their neighborhood looks like with crime rates. There was discussion regarding the logistics of the event. It was stated that the details are getting worked out and the Police staff will be working through the organization of the event. Council decided to move forward with Chief Nierenhausen’s recommendations and continue to also encourage neighborhoods to have their own gatherings as well. 9.5 Compensation Plan Ms. Wipper presented the staff report. There was discussion regarding what cities could be in comparison with Elk River. Councilmember Westgaard would like to see the annual budget impact and stated enough years have passed to take a serious look at plan if the Council would like to retain employees. He further stated we do not want to be a revolving door and if we do not at least stay current it will be very difficult in time to get caught up. Council discussed being a training ground versus having veteran employees and agreed it would be in the best interest of the city to retain employees than to spend more time and money retraining new staff often. Councilmember Beyer stated he is all for doing this noting how tough the market is currently. Council decided to go with the Cottage Grove, Fridley, and White Bear Lake comparison group, however they would like to see the total impact. They directed Ms. Wipper to run all three within the group and bring back to another work session. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:01 p.m. Minutes prepared by Jolene Richter. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, July 5, 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, Parks and Recreation Director Michael Hecker, Senior Planner Chris Leeseberg, Finance Director Lori Ziemer, Human Resources Representative Lauren Wipper, Assistant Facility Supervisor for Furniture and Things Community Event Center Billy Hunter, 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 Item 8.1 was removed, and Item 4.7 was added to the agenda. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve: 4.1 Check register as outlined in the staff report. 4.2 Agreement 22-21 for civil legal services with Campbell Knutson P. A. 4.3 Purchase of CivicRec software and hardware as outlined in the staff report. 4.4 Hire Joseph Reak as part-time community service officer effective July 11, 2022. 4.5 Temporary On-Sale Liquor License to Fraternal Order of Eagles #3264 for August 13, 2022, 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 5, 2022 ----------------------------- 4.6 Change order for Youth Athletic Complex as outlined in the staff report. 4.7 Extend the deadline to record the final plat of Island View Seventh Addition to August 20, 2022. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 Designate July 5, 2022, as Elk River-St. Michael-Albertville Boys’ Volleyball Day Rick Michalek – Provided season highlights and noted how hard the guys worked to win the state championship. Council congratulated the team and Mayor Dietz read and presented a proclamation. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve a proclamation designating July 5, 2022, as Elk River- St. Michael-Albertville Boys’ Volleyball Day. Motion carried 5-0. 6.2 The Bank of Elk River Recognition for Riverfront Concerts Mr. Hecker updated Council on The Bank of Elk River’s support for city programs. Mayor Dietz read the resolution and thanked the bank for their partnership. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to adopt Resolution 22-36 acknowledging contributions from The Bank of Elk River. Motion carried 5-0. Chief Operating Officer Bill LaVigne thanked the Council and staff for their support. 7.1 Conditional Use Permit: Expand a Track, Construct Roof Viewing Area, and Install Changeable Copy Sign, ERX Motor Park, 21591 Highway 169 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 stated a sound study wouldn’t provide the data needed for this situation. She stated she has no issues with the conditional use permit as written. City Council Minutes Page 3 July 5, 2022 ----------------------------- Councilmember Beyer concurred noting the request is to erect a building. He stated he would like to see community growth and ERX brings people to the city. Councilmember Westgaard stated he has no issue with the permit request for building modifications and signage if the extended hours (due to noise complaints) and the Brook Road access have been removed. He stated in the future he would like to more information about MPCA guidelines, operating within decibel guidelines, and options for sound mitigation, such as sound walls and natural vegetation berming. Councilmember Christianson concurred and asked ERX to keep the lines of communication open. Mayor Dietz stated ERX is a great operation but the request should be denied because Council told the people who came to speak at a previous public hearing that a sound study would be completed, and the noise issues addressed. Councilmember Wagner felt Council did the right thing by continuing this item to complete more research. She noted many complaints were about the Brook Road access, which has been removed. She further commented all the noise complaints were blamed on ERX, which may not be entirely true. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve Conditional Use Permit, Case No., CU 22-09 with the following conditions: 1. No more than five Special Event Recreational Camping events per year may occur on the properties that are regulated by this Conditional Use Permit. 2. The hours of operation shall be: a. Sunday through Wednesday 7:00 a.m. – 9:00 p.m. b. Thursday 7:00 a.m. – 10:00 p.m. c. Friday and Saturday 7:00 a.m. – 11:00 p.m. d. Five (5) three (3) day events per year, by special event permit, will be granted for extended hours to midnight. 3. Motorized events are prohibited within 1,000 feet of any residence, livestock shelter, and/or arena, regardless of when they were erected. 4. All motorized and non-motorized trails must be set back 50 feet from the north, east, and south property lines, and 45 feet from all delineated wetlands. 5. Staff will continually work with the applicant on the location of future trials to ensure they are not impacting wetlands and/or required buffers. 6. Existing structures used for any type of gathering, assembly, spectators, viewing, and/or customers shall be reviewed by the building official for compliance with all state and local building codes. 7. Camping areas shall be as identified on the site plan dated May 16, 2022, and shall not be closer than 50 feet to any property line. City Council Minutes Page 4 July 5, 2022 ----------------------------- 8. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 16, 2022. 9. A wetland delineation shall be completed and approved by the state. The updated boundary must be included on the final plat of Aggregate th Commercial 6 Addition. 10. Staff approval of the Safety and Crisis Communication Plan. a. This plan shall be reviewed annually by all parties prior to May 1. 11. Staff approval of an on-site traffic/distribution plan that demonstrates: a. Logical on-site distribution of participants, spectators, and public safety. b. Adequate on-site stacking for admission and egress. c. Adequate off-site stacking for access and egress without impacting U.S. Highway 169. 12. The Aggregate Commercial 6th Addition plat (Case File PE 22-01) shall be recorded. 13. Noise generated on the property via the Conditional Use Permit shall comply with those outlined in the MPCA Guide to Noise Control. 14. The changeable copy sign shall not exceed 70 square feet and must comply with the standards set forth in Sec. 30-864 (e). A sign permit is required. 15. A Minnesota Department of Natural Resources (DNR) Appropriation Permit shall be required for any water use that is above 10,000 gallons a day or totaling 1 million gallons or more within a year. This includes snow-making applications and spraying for dust control and other construction needs. 16. Conditional Use Permit (CU 18-10) will become void upon the recording of this permit. Motion carried 4-1. Mayor Dietz opposed. 7.2 Plat: The Crossroads Third Addition, Franklin Outdoor Advertising 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 Wagner and seconded by Councilmember Christianson to adopt Resolution 22-37 granting final plat approval for Franklin Properties Addition, Case No. P 22-05. Motion carried 5-0. 8.1 Fire Relief Association 2023 Benefit Level This item was removed from the agenda. City Council Minutes Page 5 July 5, 2022 ----------------------------- 8.2 Call Special Meeting Dates Ms. Allard presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to call the following special meetings:  4:30 p.m., July 25, 2022 (budget)  4:30 p.m., August 8, 2022 (budget)  4:30 p.m., August 29, 2022 (budget)  8:00 a.m., August 12, 2022 (canvass election)  5:00 p.m., November 14, 2022 (canvass election) Motion carried 5-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Westgaard would like clarity regarding the Minnesota Pollution Control Agency standards as it relates to ERX’s conditional use permit and racetrack noise standards noting it would be helpful to explain to neighbors and ensure compliance. 9. Council Liaison Updates Councilmembers provided updates as outlined in the respective advisory boards’ minutes --------------------------------- Council recessed at 7:26 p.m. and reconvened to work session at 7:30 p.m. 10.1 Furniture and Things Community Event Center Rental Programming and Revenue Mayor Dietz stated rental rates are too high and asked for a review of current rental data as he is not seeing much use. He questioned if a market analysis was completed. He asked about marketing. He further asked where the city is financially with the building overall. Mr. Portner discussed the current vacancy with the Senior Communications Coordinator position with the goal of this person creating strategic marketing campaigns. He discussed where communications staff is at currently with drafting marketing materials. City Council Minutes Page 6 July 5, 2022 ----------------------------- Mr. Portner stated at this time of year it is not unusual for expenditures to be more than revenue until the fall hockey season begins. He stated there was a loss of $252,000 in 2021. Mr. Hunter stated the biggest challenge is exposure to the facility noting when there are large events, people are surprised to see the other amenities available. He noted the current work of the communications team toward creating marketing materials that can be utilized. Mayor Dietz asked if we are losing people due to rental pricing. Mr. Hunter stated they are currently tracking this data. Mayor Dietz stated his football hall of fame group can’t afford the costs for the caterer and room rental and questioned how our prices compared with similar facilities. Councilmember Wagner stated it’s all about the person on the end of the phone selling the features and benefits. She stated if you have a premier facility with premier food and a premier location, then the facility will have a premier price. She stated there is a way to work things to make sales happen and it takes a special person to design, run, and coordinate events. She stated this is where her concern lies and doesn’t feel current staff has this experience. Mayor Dietz expressed concern with continuing to lose money and being accountable to the public. Council discussed evaluating current staff positions. Councilmember Beyer stated the VFW held a tournament at the facility and initially had sticker shock but afterwards they loved it and felt it was worth every penny. Councilmember Wagner asked why Marco Serrano is not being utilized as he knows how to sell and close events. She suggested an event extravaganza to highlight our amenities to groups such as event planners. She asked about large events and noted we should be planning and setting dates for 2023 already. Mr. Hunter stated four groups have approached them wanting to operate their own craft shows and have dates selected for the next year. Councilmember Wagner expressed concern for loss of control and our insurance liability if someone else is running events and doing all the setup work. She stated this is our premier facility and she would never give up control to others who have no ownership in the place. She stated we should always oversee setup and expressed concern with loss revenue with farming out these larger events. City Council Minutes Page 7 July 5, 2022 ----------------------------- Mayor Dietz stated he heard youth hockey is against the junior team coming in and using the facility. Councilmember Westgaard stated yes expressing concerns with the scheduling of ice use. Mayor Dietz stated he’d like more frequent updates of the facility. Councilmember Wagner stated she would like to designate an event coordinator. She suggested contracting out with an event company or giving Marco Serrano the ability to facilitate and execute rentals. Mayor Dietz suggested re-evaluating positions. Councilmember Westgaard agreed with reviewing the organizational structure and position assignments. Mr. Portner stated the facility commission sets goals and budget and makes recommendations regarding staffing. Chair Williams stated he is not sure they are setting staff up to succeed. Councilmember Wagner asked about the current process for scheduling room rentals and events. Mr. Hunter stated the customer service representative acts as a liaison between the facility and the caterer. They will take the calls and collect the information needed. Once the phone call is complete the representative contacts the caterer who then calls the person back. Councilmember Wagner suggested the cater close the room rental deals. Mayor Dietz suggested Councilmember Wagner and the city administrator collaborate with the caterer on managing the room rental process. It was noted this would be only for the meeting rooms located upstairs. 10.2 Citizen of the Year Mayor Dietz discussed a new program for nomination of a Citizen of the Year who could be recognized at Elk Riverfest. He stated the only cost would be for a plaque. Council consensus to explore the program further. Mayor Dietz stated he will develop a plan to present to Council at a future meeting. City Council Minutes Page 8 July 5, 2022 ----------------------------- 10.3 Compensation Plan Ms. Wipper reviewed three pay plan options with Council. She also outlined the positions that should move pay grades based on the current market. Council would like to know the total impact of each option in relation to the 2023 budget. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:41 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk