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12-18-2023 CCMMeeting of the Elk River City Council Held at the Elk River City Hall ter Monday, December 18, 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, 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 6:08 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. 4. Consent Agenda Mayor Dietz asked for clarification of 4.6 the Earned Sick and Safe Time policy. Mr. Portner answered stating they are embedding the new rules within the existing policy to the point to which the state is requiring. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve: 4.1 December 4, 2023, Regular Meeting Minutes. 4.2 Check register as outlined in the staff report. 4.3 Arvig Broadband Access Grant Extension — First Amendment as outlined in the staff report. 4.4 2024 Meeting Calendar for the City Council and the Multipurpose Facility Advisory Commission. 4.5 Resolution 23-62 approving the 2024 Compensation Plan for Non -Organized Employees. 4.6 The Earned Sick and Safe Time policy effective January 1, 2024. 4.7 The Personnel Policy Updates outlined in the staff report. 4.8 Resolution 23-63 authorizing Interfund Loan for Zarnboni Purchase. Motion carried 5-0. City Council Minutes December 18, 2023 S. Open Forum Page 2 Daniel Krueger,18682 Queen Circle NW, stated it was a great decision to close the road for downtown trick -or -treating. He also stated his concerns regarding Outlot A, the private Troy Street, and the new development on Salem Street. Mr. Krueger stated he uses the corner to turn around about 12 times a year. He laid gravel down on the road and was turned in for a code violation. He would like to buy that part of the road. He has a court trial in March regarding the road situation and wanted the city to know that he will not be removing the rock until his case is finalized. He expressed his concerns that he does not want any disputes with the city regarding the rock being there and is asking the city to allow him to have that part of the road surveyed at his expense. The Council will discuss this on a future agenda. 6.1 City of Elk River Volunteer of the Month Mayor Dietz delayed the December Volunteer of the Month to the January 2, 2024, Council meeting. 7.1 Conditional Use Permit: Amend Planned Unit Development Agreement to Raise the Permitted Sign Height to 61' with Electronic Messaging. Mr. Carlton 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 January 16, 2024, City Council meeting. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue Item 7.1 Conditional Use Permit: Amend Planned Unit Development Agreement to Raise the Permitted Sign Height to 61' with Electronic Messaging to the January 16, 2024, City Council meeting. Motion carried 5-0. Councilmember Wagner asked what information the Planning Commission is looking to receive. Mr. Carlton answered the Planning Commission would like information for sign height based on speed along that corridor. Mr. Carlton will send Councilmember Wagner the study findings regarding sign height. 7.2 Zone Change: Planned Unit Development to General Industrial (13) at 15777 Jarvis Street and PID #75-805-01 10 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 Grupa to approve Ordinance 23-26 to rezone certain property from PUD to I-3 as the rezoning is consistent with the City of Elk River Land Use Plan adopted as part of the City of Elk River Comprehensive Plan. Motion carried 5-0. P1 K E I E1 t if NATURE City Council Minutes December 18, 2023 Page 3 Moved by Councilmember Westgaard seconded by Councilmember Wagner to adopt the summary publication. Motion carried 5-0. 7.3 Conditional Use Permit: Operate a Salvage Yard at 15777 Jarvis Street 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. Mayor Dietz asked what conditions could be done in the winter versus summer. If they said the conditions should be completed by June 1, 2024. Mr. Leeseberg answered that concrete, pavement, and fencing could have a May 1, 2024, deadline, code analysis can be done anytime. Mayor Dietz then clarified if we said the conditions needed to be done by June 1, 2024, that would be doable. Mr. Leeseberg replied, yes. Councilmember Westgaard asked if the June 1 date has been discussed with the applicant. The applicant was present and stated that they would agree with a June 1, 2024, date. The Council decided to remove the outdoor storage area shall be bounded by B612 concrete curb and gutter condition and added the condition that the properties shall be combined, and all conditions need to be completed by June 1, 2024. Moved by Councilmember Beyer and seconded by Councilmember Grupa to the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The Conditional Use Permit shall not be recorded until all conditions have been completed. 2. Vehicles being dismantled or to be dismantled must be stored in the fenced area. 3. Dismantling of vehicles shall not occur outside of the building. 4. An amendment to this Conditional Use Permit will be required for future changes/additions. 5. No motor vehicle repairs shall occur. 6. The applicant and/or property owner must apply for all required commercial building, electrical, plumbing, and/or mechanical permits before any associated activities can occur. 7. A code analysis finding building code compliance for the areas approved for use under this CUP shall be prepared by an appropriate registered professional. 8. Hazardous materials shall be handled and disposed of in accordance with the Minnesota Pollution Control Agency (MPCA). 9. The parking lot shall be striped to city requirements for the required parking stalls. 10. All driving and parking areas shall be bounded by B612 concrete curb and gutter. 11. The outdoor storage area shall be screened with an eight- foot tall 100% opaque fence along the west side and the side along the railroad. The remaining 100% opaque perimeter fencing shall be no less than six feet. Submit an example of the proposed screening for review and approval prior to installation. 12. Properties 75-805-0105 and 75-805-0110 shall be combined. 13. All conditions need to be completed by June 1, 2024. rorE111 IT NATURE City Council Minutes December 18, 2023 Motion carried 5-0. Page 4 7.4 Ordinance: Regulating Cannabis Growing, Processing, and Manufacturing. Mr. Carlton 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 January 16, 2024, City Council meeting. Moved by Councilmember Wagner and seconded by Councilmember Grupa to continue Item 7.4 Ordinance: Regulating Cannabis Growing, Processing, and Manufacturing to the January 16, 2024, City Council meeting. Motion carried 5-0. 7.5 Ordinance: Wetland Protection Rebecca Haug, WSB Engineer 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 Ordinance 23-27 amending sections of the Wetlands Protection Ordinance. Motion Carried 5- 0. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve Resolution 23-64 a summary publication of the City of Elk River Wetlands Protection Ordinance. Motion Carried 5-0. 8. General Business There were no general business items. 9. Adjourn Regular Meeting Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the regular meeting of the City Council. Motion carried 5-0. The regular meeting adjourned at 6:33 p.m. Mayor Dietz called the work session to order at 6:33 p.m. 10.1 Park Dedication Fees Mr. Carlton presented the staff report. The Council reviewed and discussed the results of the land valuation study and agreed to the staff recommendations for park dedication fees. rATLIREl■E!E! 11I City Council Minutes December 18, 2023 11. Motion to Adjourn Page 5 Moved by Councilmernber Wagner and seconded by Councilmernber Westgaard to adjourn the meeting of the City Council. Motion carried 5-0. The meeting adjourned at 6:38 p.m. Minutes prepared by Jolene Richter. Tina Allard, City Clerk U IF IIF.aII I ATURE