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11-21-2022 CCMOf Meeting of the Elk River City Council Ver Held at Elk River City Hall Monday, November 21, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Garrett Christianson Staff Present: City Administrator Calvin Portner, Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, Public Works Director Justin Femrite, Multipurpose Facility Superintendent Tim Dalton, and Fire Chief Mark Dickinson 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 Item 4.14 was removed from the agenda and Item 8.2, Committee Assignments, was added to the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councihnember Beyer and seconded by Councilmember Wagner to approve: 4.1 November 7, 2022, Regular, November 7, 2022, Closed for Labor Negotiations, November 14, 2022, Canvassing Board. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Ordinance 22-26 assigning a new street address for the property identified as PID#75-405-2010 of the City of Elk River, Minnesota. 4.5 Ordinance 22-27 assigning a new street address for the property identified as PID#75-002-4320 of the City of Elk River, Minnesota. 4.6 Resolution 22-63 approving notice of summary publication of Ordinance 22-25, an ordinance regulating the licensing of businesses selling cannabinoid products in the City of Elk River, Minnesota. City Council Minutes November 21, 2022 Page 2 4.7 Resolution 22-64 authorizing a transfer from the ARPA Fund to the Multipurpose Facility Fund. 4.8 Resolution 22-65 levying assessment for unpaid garbage collection services. Resolution 22-66 levying assessment for unpaid sewer services. Resolution 22-67 levying assessment for unpaid stormwater utility services. 4.9 2023-2027 Capital Improvement Plan. 4.10a Hire Bailey Roscoe to position of police officer effective November 22, 2022, as outlined in the staff report. 4.10b Hire Patrick Bendel to position of police officer effective November 22, 2022, as outlined in the staff report. 4.11 Estoppel Certificate for 14100 Business Center Drive as outlined in the staff report. 4.12 Resolution 22-68 levying assessments for unpaid water utility services. Resolution 22-69 levying assessments for unpaid electric service. 4.13 2023 Parks Maintenance Division Equipment Replacement Fund purchases as outlined in the staff report. Motion carried 4-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the November Volunteer of the Month award to Michele Smith. He highlighted the following: • First Vice President, American Legion Post 112 Auxiliary. • Greeter for Legion Fish Fry. ■ Assists with Memorial Day event at Legion. ■ Hosts training for Auxiliary Riders breakfast. ■ Preps Veterans Day meals • Helps elderly neighbors with snow removal. 6.2 Peter Beck Recognition Mayor Dietz read and presented a resolution to City Attorney Peter Beck who is retiring. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 22-70 of the City Council of the City of Elk River of appreciation to Peter K. Beck, City Attorney, for his more than 40 years of service to the City of Elk River. Motion carried 4-0. 01E0E0 11 NATURE City Council Minutes November 21, 2022 Page 3 r' ^� The Council expressed their appreciation for Mr. Beck, his excellent work, amazing knowledge, and history of the city, and noted he will be missed. They wished him well in his retirement. Mr. Portner thanked Mr. Beck for all the work he has done in keeping the city on track. There was a standing ovation and applause for Mr. Beck. Mr. Beck thanked the Council and their predecessors for the privilege of serving as Elk River's city attorney. 6.3 Oath of Office for Firefighters Chief Dickinson introduced new firefighters. Mayor Dietz administered the oath of office to the following firefighters: • Connor Allen ■ Keith Koshiol ■ Kassie Nelson ■ Dean Anderson • Camron ■ Matthew Pooler ■ David Johnson L'Heureux ■ Kristin Prescott • Ben Jongewaard ■ Justin Moehle M Ashley Sanders 7.1 Conditional Use Permit: Amendment to Allow Additional Building Height for Mini -Storage, Lund Recreational Storage 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 Beyer and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU 22-23 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 recorded prior to the Conditional Use Permit being recorded. 3. The property must be platted prior to issuance of any building permits. 4. The final site plan, landscape plan, and architectural materials shall be approved by city staff as a permitted use within the PUD. 5. The east end of the facility shall include a six-foot tall opaque fence to screen headlights from the adjacent residential uses. 6. Conditional Use Permit, CU 22-12, shall become void. Motion carried 4-0. 7.2 Conditional Use Permit: Amendment to Allow Bank Signage, 19425 Evans Street, Gate City Bank Mr. Leeseberg presented the staff report. NAWRE City Council Minutes November 21, 2022 Page 4 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz suggested additional signage for each drive lane because it's confusing as to which lane is for the pharmacy and which is for the bank. Jay Krabbenhoft, Fargo, North Dakota, Senior Vice President of Office Services for Gate City Bank stated they do intend to have better signage. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit with the condition to satisfy the standards set forth in Section 30-654 that wall signage on the parcel shall not exceed 15 percent coverage on the west elevation. Motion carried 4-0. 7.3 Conditional Use Permit: Home Occupation for Auto Dismantler and Auto Parts Reseller — Salvage Yard at 20266 Yale Street, Eduard Yuhim for E&Y Auto Parts Mr. Leeseberg presented the staff report. 7.4 2023 Master Fee Schedule Mr. Portner presented the staff report. Moved by Councihnember Beyer and seconded by Councilmember Westgaard to adopt Ordinance 22-28 adopting the 2023 Master Fee Schedule. Motion carried 4-0. 8.1 Corridors of Commerce Grant Submittal Mr. Femrite presented the staff report. He reviewed the stakeholder meetings and one concern heard by the public is that more access is needed on the west end of the highway focus area. He discussed how the study has been progressing over the last 15 years to get an access moved closer to the west, but the width of the right-of-way is too narrow for an interchange and if an interchange is desired some of the buildings would have to be removed. He asked Council if they wanted to submit the information presented. this evening for the grant submittal or wait until the access management study is completed. He noted these grant opportunities are offered every few years. Mayor Dietz would hate to bypass an opportunity to obtain state funding for this type of project. Councilmember Westgaard would like to make sure the city continues to study the corridor and gather support from area business owners. He wants to make sure we are aligned with our neighboring cities. noting there have been discussions about P0sE0E1 I NA TUR E City Council Minutes November 21, 2022 Page 5 where one of the access points should be located near the Elk River/Ramsey border. He also questioned the local cost share and if the city is prepared to cover it given there are still two years left of the Redline 169 Project. Mr. Femrite stated Ramsey and Anoka have gone through similar access management studies and left the area near our border open. He stated they have been included in our study and have not expressed concerns with our plans. He noted these are legislative funds, which historically has been different, and cost less, then MnDOT funding. Currently the city cost participation is unknown. Councilmember Wagner concurred with Councilmember Westgaard' s comments. She further stated it is too soon to submit this project as more work is needed. She noted there are a lot of closed access points proposed that will change the business landscape of the area and she doesn't feel the majority support of the businesses. Councilmember Beyer asked if there can be deviation from the plan that is submitted. He also questioned the stress of the current highway projects in Elk River and Anoka. Mr. Femrite stated there are numerous details needed throughout the project and the concepts are far from finalized and it could be up to five years before construction could begin. Steve Hickman, Furniture and Things 14848 209`' Avenue — Stated if the funding is available, he is in favor of moving forward with the grant submittal. He knows, from experience, in three years the project will not look like the current concept. He noted legislators indicated there is a lot of money available and it doesn't hurt to apply for funding. There is time to make changes knowing the project will eventually happen. Chad Lundquist, Riverview Sports, 17445 US Highway 10 — Stated he is a bit concerned about applying for this grant so quickly without a more solid plan. Councilmember Wagner agreed more discussion and support from area business owners is needed before a plan is approved. Mr. Femrite stated there is no guarantee the city will be selected but it's good to get Elk River's transportation issues on the radar. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve the TH10/169 improvements for a Corridors of Commerce Grant submittal as outlined in the staff report. Motion carried 3-1. Councilmember Wagner opposed. 8.2 Committee Assignments Mayor Dietz outlined the following appointments effective January 1, 2023. ■ All current Councilmembers will remain on the Economic Development Authority R 0 N E R E 0 B V II ATURE City Council Minutes November 21, 2022 Page 6 ■ Councilmember Wagner will remain on the Housing and Redevelopment Authority ■ Energy City Commission, Councilmembex elect Cory Grupa ■ Multipurpose Facility Commission, Councilmember Wagner R Heritage Preservation Commission, Councilmember elect Cory • Library Board, Mayor Dietz ■ Parks and Recreation, Councilmember Beyer • Planning Commission, Councilmember Westgaard ■ Elk River Municipal Utilities Commission, Mayor Dietz and Councilmember Westgaard ■ Region 7W, Mayor Dietz ■ Fire Relief Association Mayor Dietz ■ Together Elk River, Councilmember Wagner ■ Naming Rights Committee, Mayor Dietz and Councilmember Wagner Council recessed at 7:07 p.m. and reconvened in work session at 7:22 p.m. 9.1 2023 Multipurpose Facility Annual Budget Mr. Dalton reviewed the goals and budget for the facility. Council comments included: ■ Who is paying the credit card fees on the new vending machines in the Bernick's vendor contract? ■ A line -item labeling change for the `merchandise for resale' category so it more accurately reflects concession supplies. ■ A discussion with Elk River Municipal Utilities to review whether there could be some cost savings. • What rate is the facility paying for credit card fees. Evaluation of fees. r Concern for language used in the facility. Maintenance of the facility was discussed and how difficult it can be with upkeep. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:07 p.m. Tina Allard, City Clerk Pe K ER [I 11 NATURE