Loading...
09-18-2023 CCMMeeting of the Elk River City Council Held at the Elk River City Hall VeI' Monday, September 18, 2023 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Cory Grupa, Jennifer Wagner and Matt Westgaard. Members Absent: None Staff Present: City Administrator Calvin Portner, Assistant City Administrator Joe Stremcha, Community Development Director Zack Carlton, Senior Planner Chris Leeseberg Parks and Recreation Manager Michael Hecker, Special Event Coordinator Karen Wingard, Finance Manager Lori Stich, Public Works Director/Chief Engineer Justin Femrite, Engineering Project Manager Brandon Wisner, Economic Development Director Brent O'Neil, Economic Development Specialist Josh Mollan and Deputy City Clerk Jolene Richter 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 6:06 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councihember Wagner and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to rescind the approved agenda. Motion carried 5-0. Mayor Dietz removed Item 4.6 Resolution: Orono Lake Improvement District (OLID) Annual Budget 2024 from the agenda. Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councihember Grupa to approve: 4.1 September 5, 2023, Regular Meeting Minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 American Engineering Testing (AET), Inc. pond sampling for Rolling Hills subdivision. 4.5 Fleet Replacement for Public Works, as outlined in the staff report. City Council Minutes September 18, 2023 Page 2 4.7 Removal of the Rectangular Rapid Flashing Beacon (RRFB) system and associated crosswalk across School Street at Irving Avenue. 4.8 Hiring of Casey Neumann to the position of Deputy Chief of Training and Logistics effective September 26, 2023. 4.9 2024 Flexible Benefits Plan design, as outlined in the staff report. Motion carried 5-0. S. Open Forum Sabrina Mattis, 12600195`' Ct NW, spoke on behalf of her daughter regarding medical cannabis use for students while attending school on school property. She is advocating that medical cannabis should be allowed for students to take during the school day, while at school. City Attorney Amy Schmidt responded to Ms. Mattis stating that it is not in the power of the City Council body to make a decision regarding this topic. Ms. Mattis understands this and is just trying to bring awareness to the issue. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the September Volunteer of the Month award to Paul Deneson. He highlighted the following: ■ Chaplain for American Legion Post 112 ■ Post Service Officer for American Legion Post 112 * Honor Guard member for American Legion Post 112 ■ Provided pastoral care for veterans at Guardian Angels and Wellstead ■ Averages 60 contacts per month in his role as chaplain ■ One of the most active chaplains in recent American Legions Post 112 history Mr. Deneson thanked the Council and the American Legion 112 for the recognition. 6.2 Proclamation: Constitution Week Mayor Dietz read and presented the proclamation to the Daughters of the American Revolution member, Marilyn Schroeder. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to proclaim September 17-23, 2023, as Constitution Week. Motion carried 5-0. 6.3 Elk Riverfest Recap Ms. Wingard presented the staff report. Mayor Dietz stated that the Orono Mile should be at a different time. Ms. Wingard acknowledged and agreed. She noted they have some ideas to make it better for next year. P 0 W E a E 0 a r NATURE City Council Minutes Page 3 September 18, 2023 Mayor Dietz stated he received a lot of positive comments. Councilmember Westgaard asked if there was any feedback regarding the split -day venue with Orono Park and downtown. Ms. Wingard said she received positive comments regarding the two venues. The Council did not act on Resolution 23-36. Resolution 23-36 has been added to the next Council meeting on October 2, 2023. 7.1 Conditional Use Permit: Outdoor Storage at 12698 Industrial Blvd. 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 Councihnember Beyer to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the building official and fire marshal to review the existing building/grounds and complete any required code updates. 2. The fenced outdoor storage area shall be: a. Limited to 90,000 square feet. b. Paved with an approved surface (Class 5, concrete, asphalt, or crushed concrete/asphalt). c. Setback 45 from any delineated wetland. 3. Provide documentation the current and future outdoor storage areas are compliant with state and local stormwater management requirements. 4. Drive lanes need to maintain a minimum 24-foot width throughout the site. 5. Site lighting shall comply with Section 30-937. 6. Fencing shall be installed along the east property line as shown on the Staff Site Plan dated September 18, 2023. 7. All driving areas and parking areas shall be bounded by B612 concrete curb and gutter upon any expansion of the outdoor storage area. Motion carried 5-0. 7.2 Ordinance Amendment: Update Requirements and Standards for Home Occupations Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Attorney Mitch Anderson of Rinke Noonan, 1015 West Germain, St. Cloud, representing Jason and Nicole Bye of Rothmeyer TEC,10208 209" Ave NW. Attorney Anderson asked the Council to consider allowing an Interim Use Permit (IUP) be granted for a building just outside of the residence and outdoor storage with reasonable conditions for a limited time of 3-5 years until they can secure commercial property. He stated having a general ordinance and not allowing IUPs to be P D W E B E O B Y NATURE] City Council Minutes September 18, 2023 Page 4 considered for businesses would influence current businesses such as shutting down and not being able to operate. Mayor Dietz closed the public hearing. Mayor Dietz asked the Counselor Schmidt if those who apply for an IUP now, or already have an existing business in an accessory building, would be grandfathered. Counselor Schmidt answered and stated yes if they qualify for what the code currently requires for an IUP, but they would not be allowed to expand. Mr. Leeseberg clarified that according to current ordinance, home occupations cannot apply for an IUP. He stated staff needs clarification from the Council regarding what should be placed in the ordinance regarding outdoor storage and accessory structures. The Council discussed and agreed that this is a difficult topic and there are different situations with each business and a general ordinance does not fit all businesses. They agreed an occupation in an accessorystructure should be allowed and agreed with the Planning Commission that there would not be outdoor storage allowed. After discussing they decided to move forward with allowing IUPs. There was discussion regarding setback requirements and the consensus was to keep the current tiered setback standards. Mayor Dietz stated if we go with the IUP process then we need to really publicize that they will need an architect up front before moving forward. 8.1 Set Budget Meeting Date and Adopt Preliminary 2024 Tax Levy Mr. Stremcha presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Beyer to set the budget meeting for public comment to be on Monday, December 4, 2023, at 6:30 p.m. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Resolution 23-39 authorizing the preliminary property tax levy for collection in 2024. Motion carried 5-0. 8.2 EDA and HRA 2024 Budget and Tax Levy Mr. O'Neil presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Resolution 23-37 establishing the EDA tax levy of $415,950 for collection in the year 2024. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Resolution 23-38 establishing the HRA tax levy of $440,100 for collection in the year 2024. Motion carried 5-0. P 0 0 E A I 8 9 NATURE City Council Minutes September 18, 2023 9. Adjourn Regular Meeting Page 5 Moved by Councilmember Westgaard and seconded by Councilmember Beyer to adjourn the regular meeting of the City Council. Motion carried 5-0. The regular meeting adjourned at 7:13 p.m. Mayor Dietz called the work session to order at 7:18 p.m. 10.1 Downtown Vision — 2025 Capital Improvement Plan Mr. Wisner and Mr. Carlton presented the staff report. The Council and staff discussed the project area boundary, timeline, design elements, and potential next steps. Mayor Dietz asked how it would be funded. Mr. Wisner answered stating the street and sidewalk portion would come from state aid funding and the parking lot portion would be from the franchise fee. It was decided to include Main Street from Highway 10 to Highway 169 including Main and Gates, the north parking lot on the other side of Highway 10, and the Railroad Drive area. It was discussed what other decorative options there would be besides the cobblestone. Mr. Wisner { added they will need to investigate options such as stamped concrete, and color concrete, but ultimately, they will look into options that will be best for Minnesota weather. They will also be working with a consultant to evaluate the project in its entirety. Council consensus was to engage a consultant to facilitate a vision for the project. 10.2 Crosswalk Policy Mr. Femrite presented the staff report. Mr. Femrite noted they log all the requests received and look at policy to determine if they are warranted. The Council discussed the policies regarding pedestrian crosswalk locations and conspicuity enhancements. The Council agreed to keep the policy the same. 10.3 Riverfront Concert Series Review Mr. Stremcha presented the staff report. The Council and staff recapped the 2023 Riverfront Concert Series and discussed the goals/priorities for next year. Mayor Dietz stated he would like to have a minimum of seven concerts. p 0 W E R E 0 1Y NATURE City Council Minutes September 18, 2023 Page 6 The Council discussed other possible forms of entertainment. It was decided the goal of the theme nights would be to create a family atmosphere and to offer something besides just a concert. Staff will be meeting with The Bank of Elk River to discuss options and update the Council with further details. 11. Motion to Adjourn Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the meeting of the City Council. Motion carried 5-0. The meeting adjourned at 8:21 p.m. Minutes prepared by Jolene Richter. Tina Allard, City Clerk F01'EAEB If INATUREI