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12-19-2022 CCMOf llff= _ Meeting of the Elk River City Council Ver Held at the Elk River City Hall Monday, December 19, 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, Chief of Police Ron Nierenhausen, Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Deputy City Clerk Jolene Richter 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 6:01 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve: 4.1 December 5, 2022, Regular Minutes December 5, 2022, Closed Minutes 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Accept developer installed public improvements, and begin the two- year warranty period, as outlined in the staff report. 4.5 Ordinance 22-29 the proposed amendments to Chapter 2, Administration, Section 2-355 of the City of Elk River. 4.6 Resolution 22-74 acknowledging contributions to the Police Department for a statue from various groups and organizations, as outlined in the staff report. 4.7 City Council Committee assignments and term expirations, as outlined in the staff report. City Council Minutes December 19, 2022 Page 2 4.8 Resolution 22-75 an agreement approving the Delegated Contract Process (DCP) Agreement No. 1052149 with the Minnesota Department of Transportation (MnDOT). 4.9 Call Board of Appeal and Equalization Meeting for Monday, April 17, 2023, at 6:00 p.m. at City Hall 13065 Orono Pkwy, Elk River. 4.10 Conditional Use Permit Extension: Auto-Rec Bodyworks, Inc. Ric Haugland, 21475 US Highway 10, extend the date to complete the required conditions to October 21, 2023. 4.11 The Planned Unit Development Agreement for Lund Recreational Storage, as outlined in the staff report. 4.12 The promotion of Lori Stich to the position of Finance Manager effective December 20, 2022. 4.13 Resolution 22-76 acknowledging the monetary contribution of $1,000 from the Zimmerman Livonia Fire Relief Association. 4.14 Elk River High School Hockey Game and Practice Ice Contracts for the 2022-23 season, as outlined in the staff report. 4.15 The hiring of Andrew Sauk to the position of fulltime liquor store clerk effective December 20, 2022. 4.16 Resolution 22-77 approving the 2023 Compensation Plan for Non - Organized Employees. 4.17 Finance and Recreation Reorganization, as outlined in the staff report. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the December Volunteer of the Month award to Deana McLean. He highlighted the following: ■ Secretary, Downtown Elk River Business Association ■ Member of Downtown Elk River Halloween, Christmas, Beautification, and Membership Committees Former Elk River Swim Club fundraising coordinator Former fundraising coordinator for Elk River Girls Youth Hockey program ■ Organized several fundraising golf tournaments for Elk River Girls Youth Hockey ■ Member of Elk River Girls Hockey Varsity Booster Club • Was Vice President of Elk River Swim Club ■ Her family hosted a foreign exchange student for one school year !1■EIfI or NATM City Council Minutes December 19, 2022 6.2 Councilmember Garrett Christianson Recognition Mayor Dietz read and presented a plaque to Councilmember Christianson recognizing his service as a Council Member. Council expressed their gratitude. 6.3 Proclaim December 20, 2022, as Elk River High School Football "Team 131" Day Mayor Dietz read and presented the proclamation to the Elk River High School Football Team 131. Moved by Councilmember Wagner and seconded by Councilmember Christianson to proclaim December 20, 2022, as Elk River High School Football "Team 131" Day. Motion carried 5-0. 7.1 Land Use Amendment from Traditional Single -Family Housing to Highway Business, City of Elk River. Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Ryan Kostreba, 21404 Jarvis St NW applicant, explained that they have been working with the surrounding neighbors regarding the business. Mayor Dietz closed the public hearing. Council questioned requirements for buffering between the business and the neighborhood. Mr. Leeseberg explained there has been no requirement for buffers. Page 3 Mr. Kostreba explained they will be keeping the tree line in the back and there will only be emergency exits in the back of the building and grass in between the building and the tree line. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve resolution 22-78 amending the Comprehensive Plan changing the land use from Traditional Single -Family Residential to Highway Business. Motion carried 5-0. 7.2 Conditional Use Permit: Establish a Planned Unit Development to Construct 3-Level Climate Controlled Storage Facility, Kostreba Holdings and Rochon Corporation, 19645 Evans Street. [�rerEREi sr N'ATURE] City Council Minutes December 19, 2022 Mr. Leeseberg presented the staff report. Page 4 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 approve with the following conditions to satisfy the standards set forth in Section 30-654: 1. The Land Use Amendment (LU 22-04) shall be approved. 2. Building access shall not be allowed between 11 p.m. and 6 a.m. 3. All comments in the comment letter dated November 15, 2022, shall be addressed. 4. A PUD Agreement must be approved by Council prior to issuance of building permits. Motion carried 5-0. 7.3 Preliminary & Final Plat: Nature's Edge Business Center Fourth Addition 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 Westgaard and seconded by Councilmember Beyer to approve the Preliminary Plat of Natures Edge Business Center Fourth Addition with the condition that the closing for the purchase of city - owned property occurs in conjunction with the recording of the plat. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve resolution 22-79 approving the final plat of Natures Edge Business Center Fourth Addition with the condition that all requirements associated with the approval of the preliminary plat are satisfied. Motion carried 5-0. 9.1 Concept Review: 55+ Apartment Building at 17355 Fillmore Street, Garnet Novotny Mr. Leeseberg presented the staff report. Council had questions regarding sewer and water connections, traffic at the Fillmore and 212 intersection, traffic density and road connections. There was also concern regarding the current building layout about the road going in between the two buildings. W 4I'EI IV TURE City Council Minutes December 19, 2022 Page 5 Craig Wensmann from Bogart, Pederson and Associates was present on behalf of the landowner to answer questions. He stated that the Comprehension Plan showed a through corridor and that it might be an opportunity to set up future expansion. He further stated they were looking at different options of road location. Council provided the applicant with informal, non -binding, feedback regarding the proposed development project and suggested that the applicant meet with the city engineer and the Planning Department to discuss further options for the project and bring it back to another work session. 9.2 Police Department Alarm Registration Program Chief Nierenhausen presented the staff report. Council provided direction to eliminate the residential portion of the alarm program and move forward with an ordinance amendment. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:12 p.m. Minutes prepared by Jolene Richter. Tina Allard, City Clerk !aI(IEI It NATURE