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02-21-2023 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 21, 2023 Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, Public Works Director Justin Femrite, Engineer 1 Ryan Sandhoefner, Police Chief Ron Nierenhausen, City Prosecutor Scott Baumgartner, and City Clerk Tina Allard 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 Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve: 4.1 February 6, 2023, Minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Engineering Design Standards in the staff report. 4.5 Adopt Resolution 23-09 supporting the Corridors of Commerce funding for the US Highway 10/169 Safety and Congestion Mitigation Project. 4.6 Appoint Elk River High School Principal Terry Bizal as the alternate ISD#728 representative for the Multipurpose Facility Advisory Commission with a term expiration of February 28, 2025. 4.7 Ordinance 23-02 granting CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, it's successors and assigns, a non-exclusive franchise to construct, operate, repair and maintain facilities and equipment for the transportation, distribution, manufacture and sale of gas energy for public and private use and to use the public ways and grounds of the City of Elk River, Sherburne County, Minnesota, for such purpose; and, prescribing certain terms and conditions thereof. 4.8 Hire Andrew Leland to the position of street maintenance operator effective March 6, 2023, as outlined in the staff report. 4.9 Memorandum of Understanding with Elk River Municipal Utilities regarding Customer Service and Billing Services. City Council Minutes Page 2 February 21, 2023 Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Prosecuting Attorney Annual Update Sherburne County Attorney Kathleen Heaney expressed her appreciation for the police department and Mr. Baumgartner. She noted juvenile case referrals have increased and there is continued backlog of cases due to the pandemic. Attorney Scott Baumgartner reiterated Ms. Heaney's comments about the police department, further stating they have a great training program and are very thorough at report writing. He stated there has been an increase in Driving Under the Influence (DUI) cases with the blood alcohol content being at much higher levels than seen in the past. The Council asked about: ■ Recently adopted THC (Tetrahydrocannabinol) laws and city regulations. ■ Why DUI cases may have increased. ■ Update on the investigation of a recent accident involving a Spectrum student on Twin Lakes Road. Attorney Baumgartner discussed the current THC bill in the legislature. He believes the State will pass legalization of marijuana. He stated the DUI issues are unknown but could be related to a series of factors such as the pandemic and economy. Mr. Baumgartner expressed sympathy for the situation and the families involved in the Twin Lakes Road incident. He reviewed all the reports to determine whether charges should be brought forward. He discussed the number of factors he considers, such as elements of a crime, pedestrian safety, and criminal vehicular operations. At this time there is not any data to pursue charges against the driver and he can't find anything that would prove beyond a reasonable doubt a crime has been committed. He stated charges are not warranted based on the material he has received on the incident. 6.2 City of Elk River Volunteer of the Month — Mayor Dietz Mayor Dietz presented the January Volunteer of the Month award posthumously to Jim Nystrom. He highlighted the following and presented the award to Gail and Eric Nystrom (wife and son): ■ Member of the Elk River Fire Department for 32 years. ■ Served on the Sherburne County Fair Board for 25 years. ■ Worked on Sherburne County park program. ■ Elk River Parks and Recreation Commissioner for 15 years. Work on the city's trail system. • Active member of United Methodist Church as a trustee and member of several committees. * Supported Sherburne County Wildlife Refuge and Historical Society. ■ Longtime manager of Orono Cemetery. P 0 1 E A E I 1 1 NATURE City Council Minutes February 21, 2023 ,6.3 Advisory Board Candidate Interviews Page 3 The Council interviewed candidates. While interviewing Multipurpose Facility applicant Jacob Peterson the Council asked him to consider being careful about what comments he posts on social media noting at times the information is incorrect. The Council clarified misinformation with comments posted in the past. 7.1 Zone Change: Nature's Edge Business Center 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 Grupa to adopt Ordinance 23-03 amending the zoning map of the City of Elk River, Minnesota, to rezone certain property from Agricultural Research (AR) to Business Park (BP). Motion carried 5-0. 8.1 Highway 10 Corridor Study Mr. Femrite presented the staff report. The Council noted the importance of community engagement and continuing to keep everyone updated on this topic. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Highway 10 Corridor Study as outlined in the staff report. Motion carried 5-0. 8.2 Advisory Board Appointments The Council made the following appointments with term expirations of February 28, 2026. Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Levi Aesoph and Vern Iverson to the Energy City Commission. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Lance Lindberg and Debra Mortenson to the Heritage Preservation Commission. Motion carried 5-0. Councilmembers discussed Mr. Jacob Peterson, free speech, and providing factual data on social media. Councilmember Westgaard noted Mr. Peterson is a diligent volunteer on the commission and does a great Job, noting it's good to have various viewpoints on commissions. Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Jacob Peterson, Michael Westgaard, and David Williams to the Multipurpose Facility Advisory Commission. Motion carried 4-0. Councilmember Westgaard abstained due to conflict of interest. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Mike Brown to the Parks and Recreation Commission. P 0 1 E R E I 8 1 ,ATURE City Council Minutes February 21, 2023 Page 4 The Council discussed the new applicants who were interviewed at a previous meeting. Mayor Dietz amended his motion to also appoint Michael Niziolek to the Parks and Recreation Commission. The seconder was amendable to the change. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Wagner to appoint Dennis Booth and Jill Larson -Vito to the Planning Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Beyer to appoint Nicholas Zerwas to the Utilities Commission. Motion carried 5-0. 9. Adjourn Regular Meeting Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the regular meeting of City Council. Motion carried 5-0. Mayor Dietz called the work session to order at 7:02 p.m. 10.1 Street Disruption Permitting Process Mr. Sandhoefner presented the staff report. The Council was amendable to the changes recommended by staff, noting the delay in recent years with certain street projects. 10.2 Proposed Land Use, Zoning, and Ordinance Amendments Mr. Leeseberg presented the staff report. He reviewed in detail the existing and proposed Land Use Plan, zoning maps for the different districts, definition changes, and residential district changes. The Council discussed the following: What would be the unintended consequences of making changes with the residential zoning districts. Staff indicated they are working to minimize issues, noting the goal was to not create legal non -conforming uses. Staff chose the minimum performance standards (lot sizes/setbacks) from the residential zoning districts. Mr. Carlton stated the R3 district may have more non -conforming lots as it would capture a large number of existing developments. What is the benefit of compact residential districts. Mr. Carlton stated these are the types of housing projects developers want to construct and the amendments being discussed tonight will act as our tool to guide and control development in a form the city desires. Councilmember Wagner questioned how these developments benefit the community, noting they tax our systems, amenities, and schools while a developer makes more money. Mr. Carlton noted development drives changes r I[EaEI I MATURE City Council Minutes February 21, 2023 Page 5 '�. in a community and asked if adding additional trail/ park amenities is a bad thing. He further r discussed park dedication and additional revenue from the residential growth. Do we want to grow anymore as a cityP And have we made the decision to grow? Mr. Carlton stated yes, via adoption of the Comprehensive Plan, which developers review prior to bringing projects forward. Mr. Carlton stated the Comprehensive Plan can be changed to reflect the Council's desires, but if they want to see growth in the community, this type of development is what we are seeing in the market. The city is not required to grow with the proposed lot sizes or style, but these have been the types of projects supported and approved in recent years. 10.3 Volunteer Appreciation Day and Council Meet and Greet at the Farmer's Market Ms. Allard presented the staff report. The Council chose June 15 as Volunteer Appreciation Day at the Farmer's Market and requested a proclamation in recognition of the event. Mr. Portner noted snow plowing operations would begin at 3:00 am. He outlined the plan based on the current forecast, which could change dependent on the weather. The Council asked for social media coverage based on the plan. Mr. Portner asked the Council how they would like to handle the Assistant City Administrator interview process. The Council stated they would like to interview the finalist for the position. 12. Motion to Adjourn Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting of City Council. Motion carried 5-0. The meeting adjourned at 8:17 p.m. LM NATURE