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07-18-2022 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, July 18, 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, City Attorney Peter Beck, Police Chief Ron Nierenhausen, Community 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 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 Mayor 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 ■ 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 'a Association to the Parks Department. `� 4.7 2022-2023 Liquor License Renewal: Chipotle Mexican Grill. City 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. S. 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 expressed concerns regarding traffic, traffic speeds, and increased littering. Ms. Brown read a letter from her neighbor who expressed his concerns regarding traffic increases and safety. Mayor Dietz stated the concerns would be researched and brought back to a future Council meeting. 6.1 Civilian Hero: Jessica Pink Police Chief Nierenhausen recognized Jessica Pink for her heroic efforts and presented her with a certificate. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the July Volunteer of the Month award to Dr. Carrie Collyard- Ghnsek. He highlighted the following: ■ Board member, Elk River Chamber of Commerce ■ Elk River Chamber Ambassador ■ President, local Biz to Biz Network chapter ■ "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" family, raising over $10,000 for families in need 7.1 Conditional Use Permit: Allow Outdoor Storage at 12777 Meadowvale Road, Elk River Winlectric 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. Mayor Dietz asked if the Planning Commission agreed to the applicants request for changes in the fencing. to I I Ito III NATURE City Council Minutes July 18, 2022 Page 3 Mr. Leeseberg stated that both types of fencing can look poorly when 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 property 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 1 -00 10) (a) Conditional Use Permit: Motor Vehicle Specialty Shop (Oil Change Facility) (b) Final Plat: Jabez Third Addition 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 Beyer to approve the Conditional Use Permit as the standards set forth in Section 30-654 have been satisfied. 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. 1 7.3 Riverside Development Company of Princeton (75-001-2401) P 0 1 E R f! 0 1 NA TURD City Council Minutes Page 4 July 18, 2022 ----------------------------- (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 presented the staff report. Mayor Dietz opened the public hearing. Bruce Goetz) 10160179" Ave NW, was concerned about easements being maintained to his property and that he would not be assessed for any utilities from the development. Marly Glines, Riverside Development Company,19230 Evans St NW, asked the council to consider using some of the park dedication fees to connect the sidewalk to 176`}' Lane and 179`h Ave. Mayor Dietz closed the public hearing. Council determined that the sidewalk request should not be a condition of the proposed plans. Council requested that an amount for trail expansion be submitted to the Parks and Recreation Commission so they could decide if it was a priority for funds. Mayor Dietz asked about the private lift station. Mr. 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 they would not push to have the private lift station and could look at other options. The Council expressed concern at the requested 55-62-foot lot sizes. Mr. Carlton stated there are some developments within Elk River that have smaller 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 for parking on both sides of the street. Councilmember Wagner asked about putting a sign on 177`h 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 by city staff. Council asked if Public Safety had feedback on the street plans. Mr. Carlton stated neither Public Safety nor Engineering had comment on the proposed layout. rasEIEI I MATURE City Council Minutes Page 5 July 18, 2022 ----------------------------- j Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Ordinance 22-15 rezoning certain property from Single Family Residential (RI-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 City 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 City 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 final 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 part 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 final 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 final plat for recording. 2. The PUD agreement must be approved and recorded prior to releasing the final plat for recording. 3. Park Dedication shall be paid in the amount required by the city when the final plat is released for recording (currently $1,425.93/lot). 4. Water Availability Charge shall be paid in the amount required by the city when the final plat is released for recording (currently $390/plumbing unit). P01EAEI II I�#Afi�JRE City Council Minutes July 18, 2022 Page 6 5. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 6. Upon completion of all improvements and acceptance by the city, a security 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 11652 21 1 th Avenue, City of Elk River 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 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. 8.1 Ordinance Amendment 22-17: City Code Section 30-793 Regarding Accessory Buildings, City of Elk River Mr. Leeseberg presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Ordinance 22-17 amending City 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 increase due to a loss in fund balance from investments. Council recess at 7:22 p.m. and reconvened in work session at 7:26 p.m. 9.1 Fire Department Aerial Truck Purchase ION E l[ I 1 1 NATURE City Council Minutes July 18, 2022 Page 7 Fire Chief Dickinson presented the staff report. The current aerial truck was 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 for it. Mayor Dietz asked about a grant to fund the purchase. Fire Chief Dickinson stated there was a grant and he was in the process of submitting it. Information on the grant would be available at the end of 2022. Council asked if this may qualify for American Rescue Plan Act (ARPA) funds. Some of the funding could potentially offset the down payment. Mr. Portner stated it would qualify. The Council asked about fire trucks on the fleet replacement program. Ms. Ziemer stated the equipment is slated for replacement in 2024 or 2025. Any money earned from the sale of the current vehicle would go into the fleet replacement fund. 9.2 ResCare Call Volume Police Chief Nierenhausen and Mr. Carlton presented the staff report. Police Chief Nierenhausen stated that there have been 108 calls to ResCare within the two years they have been operating. Steve Caouette, 578 Tipton Ave NW, stated he had a resident trespass on his property. Councilmember Christianson asked if there was any way 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 were violated or there is any change in use. There must be documented proof and a pattern 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 resident's degree of mental illness. Mr. Carlton stated they were people who had received treatment at a hospital and deemed capable of transitioning to daily life. The facility is optional. The maximum stay time in 90 days. Ms. Jorgenson asked if the city 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 ResCare management. Il1fEEfEf fr NATUR� City 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 city parks between 10:00 p.m. and 6:00 a.m. and would assist police in enforcing those restrictions as well as public works in plowing snow. Council asked that there be appropriate signage. 9.4 2023 Budget Overview Ms. Ziemer presented the staff report. Council reviewed the personnel requests. They asked if ARPA funding could offset property tax increases over the next few years. Mr. Portner stated staff are reviewing fees in comparison with surrounding cities. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:56 p.m. Minutes prepared by Katie Porath. J(On J. Die ayor Tina Allard, City Clerk p I V I I E I 11 NATURE