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4.1 DRAFT MINUTES (1 SET) 07-17-2023 Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, June 20, 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, Parks and Recreation Manager Michael Hecker, Senior Planner Chris Leeseberg, Economic Development Director Brent O’Neil, Public Works Director/Chief Engineer Justin Femrite, Human Resources Manager Lauren Wipper, 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added Item 4.13 Hire Park Maintenance Worker and removed Item 8.1 Rolling Hills Sewer Extension Assessment and Project Approvals from the agenda. Moved by Councilmember Wagner and seconded by Councilmember Grupa to approve the agenda, as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve: 4.1 June 5, 2023, Regular minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Liquor license renewals for the period of July 1, 2023, through June 30, 2024, as outlined in the staff report. 4.5 Fire Relief Association Board Appointment. 4.6 Hiring a part-time Recreation Assistant to Full-time with Finance duties. 4.7 A one-year extension of the plat and conditional use permit associated with the Broadway on 10 development as outlined in the staff report. 4.8 The 2023 Gravel Excavation licenses, as outlined in the staff report. 4.9 To conduct controlled archery deer hunts within select park units, as outlined in the staff report. 4.10 A Temporary On-Sale Liquor License to Davis-Darrow-Meyer American Legion Post 112 for August 26, 2023, with the condition alcohol must be confined to an area enclosed by a fence with a secured controlled access. Wristband control is required for patrons 21 and over. City Council Minutes Page 2 June 20, 2023 ----------------------------- 4.11 Resolution 23-22, authorizing transfer from Municipal Liquor Fund to Park Improvement Fund. 4.12 The 2023 Equipment Replacement Fund purchases of a single axel plow truck and buildout of a tandem axel plow truck from the 2022 Equipment Replacement Fund. 4.13 Hire Park Maintenance Worker Motion carried 5-0. 5. Open Forum Scott Stevenson, 19850 Watson Circle NW, expressed concerns regarding changes made to the cul-de-sac with the current resurfacing project. He stated the cul-de-sac does not meet the criteria and he will inherit more easement land that he needs to take care of. Mr. Stevenson also stated they did not receive notice regarding these changes. He would like to know why the other cul-de-sacs are not being changed and would like to appeal to have the cul-de-sac turned back to what it was or come to a compromise. Mayor Dietz asked the Public Works Director/Chief Engineer, Justin Femrite to comment on this issue. Mr. Femrite stated that pulling in those radiuses did open more area to place the snow. The neighborhood is of the age that none of the cul-de-sacs in that area are to current standards. The other cul-de-sacs are not being changed because they are able to maintain those cul-de-sacs with snow storage. Mr. Femrite stated he can include a follow-up to the Council regarding what the plans show and take pictures of the area if the Council would like to discuss it further in the future. The Council decided to discuss this at a future meeting. Mr. Femrite stated that he will let the residents know when the date of the meeting will take place. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the June Volunteer of the Month award to Beth Balmanno. He highlighted the following:  Has performed several different tasks at CAER for at least the last seven years.  President of the Elk River High School Theater Booster Club.  Cub Scout, Girl Scout, and 4H leader.  Past board member for Friends of Oliver Kelly Farm.  Coach with TRSA soccer program.  First Lego League Robotics team leader.  Helped with Community Assistance Emergency Program in Brooklyn Center.  Involved with Read Indeed and Every Meal programs.  Volunteers with Minnesota Homeschoolers Alliance. 6.2 Minnesota Recreation and Park Association Awards of Excellence Mr. Hecker introduced Alyssa Fram, Minnesota Recreation and Park Association Awards and Committee member. City Council Minutes Page 3 June 20, 2023 ----------------------------- Ms. Fram presented two Awards of Excellence for Orono Park Improvements and Rivers Edge Commons Park Dock to the city. 7.1 Easement Vacation: Drainage and Utility at 19031 Triangle Road, Royal Supply 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 Westgaard and seconded by Councilmember Wagner to adopt Resolution 23-23 vacating a portion of a drainage and utility easement. Motion carried 5-0. st 7.2 Waste Management – Elk River Landfill, LLC, 221 Avenue/22460 US Highway 169 a) Ordinance: Solid Waste Facility Overlay District b) Conditional Use Permit: Amendment to Include Additional Property to Improve Stormwater 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 Westgaard and seconded by Councilmember Grupa to approve Ordinance 23-12 amending City Ordinance Section 30-1834 SWF solid waste facility overlay district. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the Conditional Use Permit with the following conditions: 1. The 2011 Agreement for Issuance of Amended Conditional Use Permit shall be amended to allow the construction and use of a stormwater pond on a parcel (75-104-1101) outside of the Solid Waste Facility (SWF) overlay district. 2. There shall be no additional Municipal Solid Waste capacity beyond what was approved in 2011. Motion carried 5-0. 7.3 Conditional Use Permit: Establish Home Based Business for Construction, Jason Bye, th 10208 209 Avenue. Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. City Council Minutes Page 4 June 20, 2023 ----------------------------- th Jason Bye, 10208 209 Ave NW, the applicant explained how the property is being used by the company and stated he has cleaned up the area and is moving forward with some improvements and suggestions by the Planning Commission and the Council, and to alleviate some of the neighbors’ concerns. th Bryan Rucks 10296 209 Ave NW, expressed his concerns regarding safety, environment, traffic, nuisances such as light at night, and noise issues regarding this property and he does not believe this should be a commercial property. th Deann Wells, 10296 209 Ave NW, stated her concerns regarding the property and the business that takes place on the property. Ms. Wells referenced the code enforcement officer’s documents when he was out at the property in February. Ms. Wells stated there has been a lot of cleaning lately on the property to get ready for the inspection date, however, that was not the case prior. She expressed her concerns regarding the commercial use and having semi-trucks deliver to the location. She expressed her concerns that County Road 33 is not set up for semi-truck deliveries and is dangerous to have the big trucks park along County Road 33. th Mary Flynn, 10189 208 Ave NW, lives on the east side of the property and stated they are 66 feet from the fence line and are concerned about the location of her well in proximity to the property. She also expressed concerns regarding the re-sale and property value of her property. th Kate Lehmann, 10170 208 Ave NW, opposes the CUP for this property for the same reasons that had been expressed already along with concerns regarding the safety of the children in the area with the commercial activity and deliveries. Mr. Bye wanted to clarify that he had meetings with the city before he even purchased the property and he was able to construct a building and put up a fence. He was told he would need a CUP, but not told that he would need it right away. He explained he was out of town for a few weeks and had just received the updates from the Planning Department of the things he needed to do, that is why there has been a lot of work to clean up and move big equipment off the property lately. th Bryan Rucks 10296 209 Ave NW, asked why Mr. Bye was told he could have a business on this property when that was not the case. Mr. Rucks believes the process has been conducted backward. Mr. Leeseberg clarified that originally Mr. Bye was constructing an accessory building and now he’d like to pursue a CUP and that is why it is now at a Council meeting to go through the CUP process and to notify the neighbors of the possible use. Mr. Bye will need to have all the inspections that a CUP requires. Mayor Dietz continued the public hearing to the August 7, 2023, City Council meeting. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to continue Item 7.3 Conditional Use Permit: Establish Home Based Business for Construction, Jason Bye, 10208 209th Avenue to the August 7, 2023, City Council meeting. Motion carried 5-0. 7.4 Vinje Investments LLC - PID’s 75-011-2401, 75-011-2120, 75-011-3203, 75-011-3235 a) Land Use Amendment from Business Park to Highway Business b) Zone Change from FAST (H) to PUD c) Conditional Use Permit: Planned Unit Development City Council Minutes Page 5 June 20, 2023 ----------------------------- d) Preliminary Plat: Vinje Commercial Addition Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to the July 17, 2023, City Council meeting. Moved by Councilmember Beyer and seconded by Councilmember Wagner to continue Item 7.4 Vinje Investments LLC - PID’s 75-011-2401, 75-011-2120, 75-011-3203, 75-011-3235 to the July 17, 2023, City Council meeting. Motion carried 5-0. 7.5 Lennar’s Bradford Park Subdivision – PID’s 75-136-1300, 75-136-2400, 75-136-3200, 75- 136-3100, 75-136-4200 a) Zone Change: R-1d to Planned Unit Development b) Conditional Use Permit: Establish a Planned Unit Development c) Preliminary Plat: Bradford Park Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Jim Sweazey, 18434 Cleveland St NW, submitted a letter that expressed his concerns regarding this project. Jeff Albers, 18240 Monroe Court NW, had safety concerns regarding traffic on 181st Avenue NW. He would like a traffic control study completed. Jeff Klegon, 18254 Monroe Court NW, stated it is unclear what the development entails and is looking for more clarification. Mr. Leeseberg explained that they are single-family lots. Joyce Klegon, 18254 Monroe Court NW, has concerns regarding traffic and the school district’s capacity. Mayor Dietz stated the school district is aware of the potential growth of Elk River. Councilmember Wagner stated traffic has been an issue in this area, the Council is looking into ways to make it safer and have completed some things such as adding signage and lighting. Councilmember Westgaard clarified that the connection is not being considered at this time for this rd application and that this proposed development does not connect to 183 Ave. The connection will happen for future development along Highway 12. Mayor Dietz continued the public hearing to the July 17, 2023, City Council meeting. Moved by Councilmember Westgaard and seconded by Councilmember Wager to continue Item 7.5 Lennar’s Bradford Park Subdivision – PID’s 75-136-1300, 75-136-2400, 75-136-3200, 75-136-3100, 75-136-4200 to the July 17, 2023, City Council meeting. Motion carried 5-0. City Council Minutes Page 6 June 20, 2023 ----------------------------- 7.6 National Pollutant Discharge Elimination (NPDES) System Annual Report Mr. Femrite 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. 8.2. Duffy Development Company Request for Support of Coachman II State Funding Application Mr. O’Neil presented the staff report. The Council discussed how Elk River is lacking housing for the 55+ population and this type of housing is needed. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve a letter of support for Duffy Development Company state funding application for the proposed Coachman II housing project. Motion carried 5-0. 8.3 Heritage Preservation Commission Appointments Moved by Councilmember Westgaard and seconded by Councilmember Grupa to appoint Linda Campbell Heritage Preservation Commission with a term ending 2/28/25. Motion carried 5-0 The Council decided not to appoint the second commissioner until they are able to conduct an interview with them. 9. Adjourn Regular Meeting Moved by Councilmember Beyer and seconded by Councilmember Wagner to adjourn the regular meeting of City Council. Motion carried 5-0. The regular meeting adjourned at 7:39 p.m. Mayor Dietz called the work session to order at 7:45 p.m. 10.1 Home Occupations Mr. Leeseberg presented the staff report. The Council discussed state statute and the direction to move towards. Mr. Leeseberg stated 10 of the 12 peer cities only allow home occupations in homes and the other two cities allow accessory buildings with limits on the size of the building. The Council discussed the topic of intensity of use for home occupations and possibly limiting the size of the accessory structures. City Council Minutes Page 7 June 20, 2023 ----------------------------- The Council decided to go forward with the Planning Commission’s recommendations regarding business hours of operation, no outdoor storage in residential areas, having an architect required and they decided to discuss the motor vehicle repairs soon. They agreed to start using Interim Use Permits instead of Conditional Use Permits. The Council also agreed to not allow semi-deliveries in residential areas. These recommendations will be going back to the Planning Commission once more for discussion and then back to the Council for final approval. 10.2 Personnel Policy Manual Update Mr. Portner presented the staff report. The Council agreed to move forward with the proposed updates as outlined in the staff report. . Motion to Adjourn Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting of the City Council. Motion carried 5-0. The meeting adjourned at 9:03 p.m. 13. Closed Meeting Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 9:04 p.m. by Mayor Dietz. Mayor Dietz read the following statement, “The Council will be holding a closed meeting pursuant to MN Statute 13D.05, Subdivision 3(a). The Council will discuss the annual work performance of City Administrator Cal Portner.” Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer Wagner Staff Present: City Administrator Calvin Portner Moved by Councilmember Wagner and seconded by Councilmember Beyer to commence the closed meeting. Motion carried 5-0. 14. Motion to Adjourn Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adjourn the meeting of City Council. Motion carried 5-0. The meeting adjourned at 9:58 p.m. Minutes prepared by Jolene Richter. City Council Minutes Page 8 June 20, 2023 ----------------------------- ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk