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4.1 DRAFT MINUTES (2 SETS) 08-01-2022City of Elk -�-� RiVer Members Present: Members Absent: Pursuant to due call and notice thereof, the meeting of the Elk River Cit�r Council was called to order at 6:00 p.m. byT MayTor Dietz. Staff Present: City Administrator Calvin Portner, CityT Attorney Peter Beck, Police Chief Ron Nierenhausen, Communittr Development Director Zack Carlton, Senior Planner Chris Leeseberg, Fire Chief Mark Dickinson, Finance Director Lori Ziemer, and Records Specialist Katie Porath I. Call Meeting to Order 2. 3. Pledge of Allegiance Pledge of rlllegiance was Yecited. Consider Agenda � MayoY Dietz asked to add Item 8.2 regarding The Fire Relief Association. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda, as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 Minutes Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 18, 2022 Mayor John Dietz, Councilmembers Garrett Christianson, l��ike BeyTer, Matt Westgaard, and Jennifer Wagner None June 20, 2022, Regular Minutes July 5, 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 Amendment 22-14: Assign New Street Address for PID #75- 828-0105 and 75-828-0205. 4.5 Resolution 22-38 Accepting Donation from Zimmerman Fire Relief Association to the Fire Department. 4.6 Resolution 22-39 Accepting Donation from Zimmerman Fire Relief Association to the Parks Department. 4.7 2022-2023 Liquor License Renewal: Chipotle Mexican Grill. Cit�r Council Minutes July 18, 2022 Page 2 4.8 Better Health Collaborative Membership Agreement 22-22 (Sourcewell) Resolution 22-40. 4.9 Easement Purchase Agreement: 18454 Waco Street Resolution 22-41. Motion carried 5-0. 5. Open Forum Anne Kohorst, 11905 198`'' Ave NW, expressed concerns regarding increased traffic in her neighborhood due to 169 construction. Leanne Brown, 19737 Lowell St NW, also expYessed concerns regarding traffic, traffic speeds, and increased littering. Ms. BYown Yead a letteY from heY neighbor who expressed his concerns YegaYding traffic increases and safet�T. Mayror Dietz stated the conceYns would be researched and brought back to a future Council meeting. 6. I Civilian Hero: Jessica Pink Police Chief NieYenhausen Yecognized Jessica Pink for her heYoic effoYts and pYesented heY with a ceYtificate. �� 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the Jul� Volunteer of the Month a�uard to Dr. Carrie Collyard- Glinsek. He highlighted the following: ■ Board member, Elk River Chamber of Commerce ■ Elk River Chamber Ambassador ■ President, local Biz to Biz NetwoYk chapteY ■ "Dance Mom" for daughter's dance team ■ Shiver Elk River participant ■ Participated in several Susan G. Komen three-day walks ■ Sponsored a`Best Christmas Ever" familyT, raising over $10,000 for families in need 7. I Conditional Use Permit: Allow Outdoor Storage at 12777 Meadowvale Road, Elk River Winlectric Mr. Leeseberg pYesented the staff report. MayTor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Ma�Tor Dietz asked if the Planning Commission agreed to the applicants request for changes in the fencing. rowEREo ar ���V�� Cit�r Council iVlinutes Page 3 July 18, 2022 Mr. Leeseberg stated that both tyTpes of fencing can look poorlyT `vhen torn or broken but the ordinance states fencing must remain in good repair. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The properry shall comply with Section 30-807. 2. Fencing, as outlined in Section 30-807, shall be installed in the location as shown on the site plan dated July 18, 2022. 3. The fence shall be installed by June 1, 2023. 4. The parking lot shall be striped by September 1, 2022. 5. All outdoor storage must occur in fenced in areas or within the three temporary structures. 6. No product can be stored on top of the three temporary structures or higher than the top of the fence. 7. The temporary structure located in the northwest corner shall be relocated next to the other two temporary storage structures by September 1, 2022. 8. The three temporary outdoor storage structures shall be removed from the property two years after City Council approval of the CUP (July 18, 2024). 9. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated July 18, 2022. � Motion carried 5-0. 7.2 Cornerstone Auto QuickLane (75-82 I-00 I 0) (a) Conditional Use Permit: Motor Vehicle Specialty Shop (Oil Change Facility) (b) Final Plat: Jabez Third Addition ��. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. TheYe being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the Conditional Use Permit as the standards set forth in Section 30-654 have been satisfed. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to adopt Resolution 22-42 approving the Final Plat of Jabez Third Addition with the condition that park dedication shall be paid at the rate applicable to releasing the plat for recording. Case No. P 22-09. Motion carried 5- 0. 7.3 Riverside Development Company of Princeton (75-00 I-240 I) rowEREo ar ���V�� Cit�r Council Minutes July 18, 2022 Page 4 (a) Zone Change: Single Family Residential to Planned Unit Development (b) Conditional Use Permit: Establish Planned Unit Development (c) Preliminary and Final Plat: The Villas of Fillmore Mr. Carlton pYesented the staff report. MayTor Dietz opened the public hearing. Bruce Goetz, 10160 179�' Ave NW, was concerned about easements being maintained to his propert�T and that he `vould not be assessed for an�- utilities from the development. Marly Glines, Riverside Development Company, 19230 Evans St NW, asked the council to consider using some of the paYk dedication fees to connect the sidewalk to 176``� Lane and 179`�' Ave. _ �; __. � Ma�Tor Dietz closed the public hearing. Council determined that the sidewalk request should not be a condition of the proposed plans. Council Yequested that an amount foY trail expansion be submitted to the PaYks and Recreation Commission so the�- could decide if it �iras a priorityT for funds. MayoY Dietz asked about the private lift station. iVlr. Carlton stated he does not believe there are any other private lift stations in Elk River. The size of the station would help with pipe depths, routing, and developer costs. Mr. Glines stated the�r would not push to have the private lift station and could look at otheY options. The Council expressed concern at the Yequested 55-62-foot lot sizes. Mr. Carlton stated the�e aYe some developments within Elk RiveY that have smalleY lot sizes. The issue with smaller lot sizes is parking as well as traffic at the entrances to the subdivision. This development is wide enough foY paYking on both sides of the street. Councilmember �X�agner asked about putting a sign on 177`�' Ave to state that it was a future road connection. Councilmember Westgaard stated his concern regarding three separate streets accessing Fillmore St NW. Mr. Carlton stated a large wetland limits streets through the area. Seth Monroe, Rum River Land Surveyors and Engineers, stated extra access to Fillmore St was requested byT cityT staff. Council asked if Public Safetyr had feedback on the street plans. Mr. Carlton stated neitheY Public Safetyr nor Engineering had comment on the proposed layrout. rowEREo ar ���V�� Cit�r Council Minutes July 18, 2022 Page 5 Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Ordinance 22-15 rezoning certain property from Single Family Residential (R1-c) to Planned Unit Development (PUD) as the request is consistent with the City of Elk River Land Use Plan adopted as part of the Ciry of Elk River Comprehensive Plan. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the Conditional Use Permit (CUP) establishing a residential Planned Unit Development (PUD) with the following conditions to satisfy the standards set forth in Section 30-654: 1. A PUD agreement shall be approved by the Ciry Council and signed by both parties prior to the issuance of building permits for any building within the project area. 2. All garages shall be at least 528 square feet in size. 3. Driveways shall be no wider than 18 feet at the right-of-way. 4. The PUD agreement shall include a parking plan, floor plans for all unit types, a fnal landscaping plan, and guidelines for building colors, facades and materials. 5. Staff approval of all plans and drawings, including landscape, stormwater grading, and all civil plans. 6. The zone change must be approved and recorded prior to the CUP being recorded. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the Preliminary Plat for The Villas at Fillmore. Motion carried 5-0. Council asked if the additional condition prohibiting the private lift station should be paYt of the motion. Councilmember Wagner amended her motion to include a condition prohibiting construction of a private lift station within the subdivision, seconded by Councilmember Christianson. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to adopt Resolution 22-43 approving the fnal plat of The Villas at Fillmore with the following conditions: 1. A Development Agreement must be signed by the city and developer prior to releasing the fnal plat for recording. 2. The PUD agreement must be approved and recorded prior to releasing the fnal plat for recording. 3. Park Dedication shall be paid in the amount required by the ciry when the �nal plat is released for recording (currently $1,425.93/lot). 4. Water Availabiliry Charge shall be paid in the amount required by the ciry when the fnal plat is released for recording (currently $390/plumbing unit). rowEREo ar ���V�� Cit�r Council Minutes July 18, 2022 Page 6 5. A Letter of Credit shall be provided to the ciry in the amount of 100% of the costs of the public improvements. 6. Upon completion of all improvements and acceptance by the city, a securiry or warranty in a form acceptable to the Public Works Director must be secured. 7. The Development Plan shall be approved by the Public Works Director prior to issuance of building permits. 8. Staff approval of all plans prior to releasing the plat for recording. 9. All mailboxes shall be clustered. 10. Wetland impacts shall be reviewed and approved by the city and the appropriate state and federal agencies prior to releasing the plat. Motion carried 5-0. 7.4 Zone Change: Single Family Residential to Medium Industrial at I 1652 2 I I tn Avenue, City of Elk River Mr. Leeseberg pYesented the staff report. � ��� � ����" Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public he�ing. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to adopt Ordinance 22-16 rezoning certain properties from R-1a to I-2 as the rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Motion carried 5-0. 8. I Ordinance Amendment 22- I 7: City Code Section 30-793 Regarding Accessory Buildings, City of Ellc River ��. Leeseberg presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Ordinance 22-17 amending Ciry Ordinance Section 30-793, Accessory Buildings. Motion carried 5-0. 8.2 Discussion on Fire Relief Association Mayor Dietz gave an overview of his discussion with the Fire Relief Association. The Fire Relief Association has decided not to request an incYease due to a loss in fund balance fYom investments. Council recess at 7:22 p.m. and reconvened in work session at 7:26 p.m. 9. I Fire Department Aerial Truck Purchase rowEREo ar ���V�� Cit�r Council Minutes July 18, 2022 Page 7 Fire Chief Dickinson presented the staff report The current aerial truck `vas purchased in 1989 and refurbished in 2014. It has exceeded its front-line condition and is recommended for replacement The cost would be around $1.7 million and would take two years to build. The Council asked about selling the current equipment. Fire Chief Dickinson said that it was possible to sell the equipment, but he did not know the amount they could get foY it. l�layor Dietz asked about a grant to fund the purchase. Fire Chief Dickinson stated theYe `vas a grant and he was in the process of submitting it. Information on the grant `vould be available at the end of 2022. Council asked if this may qualify foY American Rescue Plan Act (ARPA) funds. Some of the funding could potentially offset the down pa��ment. 1VLr. Portner stated it would qualify. The Council asked about fire trucks on the fleet replacement pYogram. Ms. ZiemeY stated the equipment is slated foY Yeplacement in 2024 or 2025. Any money eaYned from the sale of the current vehicle would go into the fleet replacement fund. 9.2 ResCare Call Volume Police Chief Nierenhausen and 1��. Carlton presented the staff repoYt. Police Chief Nierenhausen stated that there have been 108 calls to ResCare within the two years the�r have been operating. Steve Caouette, 578 Tipton Ave NW, stated he had a resident trespass on his propert�T. Councilmember Christianson asked if there was anywayr to use the Conditional Use Permit (CUP) to assist local residents in feeling safer. Mr. Carlton stated the CUP could be reviewed for revocation if the conditions weYe violated oY there is anyr change in use. TheYe must be documented proof and a patteYn of what must be changed. Tammy Jorgenson, 1790 Tipton Cir NW, stated she had concerns including people screaming, trespassing, and smoking in her neighborhood. Mr. Caouette asked about the Yesident's degYee of inental illness. Mr. Carlton stated they `vere people who had received treatment at a hospital and deemed capable of transitioning to dail�T life. The facilityT is optional. The maximum stayT time in 90 dayTs. Ms. Jorgenson asked if the cityT confirms the number of beds is not exceeded. Mr. Carlton stated the State of Minnesota monitors and inspects ResCare. Council asked that Mr. Carlton and Police Chief Nierenhausen have a meeting with ResCaYe management. rowEREo ar ���V�� Cit�r Council Minutes July 18, 2022 Page 8 Michelle Ward, 1738 Tipton Circle, stated she had concerns with noise, trespassing, and littering. 9.3 Parking Ordinance Police Chief Nierenhausen presented the staff report The suggested ordinance would restrict parking in cityT parks between 10:00 p.m. and 6:00 a.m. and would assist police in enforcing those restrictions as �vell as public `vorks in plowing snow. Council asked that theYe be appropriate signage. 9.4 2023 Budget Overview ;� Ms. Ziemer presented the staff report. Council reviewed the personnel requests. The�- asked if r�RPA funding could offset pYopeYtyr tax incYeases oveY the next few �rears. Mr. Portner stated staff are revie`ving fees in comparison `vith surrounding cities. 10. Adjournment TheYe being no further business, MayoY Dietz adjourried the meeting of the Elk RiveY CityT Council at 8:56 p.m. Minutes prepaYed b�r Katie Porath. John J. Dietz, MayoY Tina Allard, Cit�r Clerk rowEREo ar ���V�� City of Elk -�-� RiVer Members Present: Members Absent: Staff Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner None Cit�T Administrator Calvin Pormer, CommunityT Development Director Zack Carlton, City Clerk Tina Allard, Environmental Services and Special Projects Coordinator, Suzanne Fischer, Police Chief Ron Nierenhausen, Liquor Store Manager Joe Audette, Human Resources Representative Lauren Wipper, and IT Manager Seth Calvin I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Cit�r Council was called to order at 4:37 p.m. byT Ma�Tor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. , , 3. _ :,� 4. 2023 Budget Ms. Ziemer presented her staff repoYt. Various staff pYesented their pYoposed goals and budget for 2023. The Council requested the following from staf£ Special Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 25, 2022 Work with garbage hauler to see if the spring/fall cleanup days can be incorporated into the contract to cover the expenses. Revie�vi cell phone policies from other cities. Add another peYfoYmance metric to the human YesouYces budget that does not count the retirements in the retention rate. Adjournment There being no furtheY business, MayoY Dietz adjourned the meeting of the Elk River Cit�r Council at 7:10 p.m. John J. Dietz, MayoY Tina Allard, CityT Clerk