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01-16-2024 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Tuesday, January 16, 2024 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 6:34 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgard and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Grupa to approve: 4.1 December 18, 2023, Regular Meeting Minutes. January 2, 2024, 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 Resolution 24-04 approving the plat of Mattson Estates. 4.5 The Development Agreement for Bradford Park. 4.6 The hauler license applications for 2024, as outlined in the staff report. 4.7 Resolution 24-05 acknowledging contributions by The Bank of Elk River and the contract with The Bank of Elk River. 4.8 The amended Resolution 23-62 adopting the 2024 Compensation Plan for Non - Organized Employees. 4.9 Holiday leave policies for holiday benefit -earning liquor store and Furniture and Things Community Event Center employees and holiday pay for non -holiday benefit - eligible part-time, seasonal, or temporary employees, as outlined in the staff report. 4.10 Resolution 24-06 agreeing to the solicitation for Active Transportation (AT) funding for the County Road 44 trail segment between Highway 10 and CSAH 1. 4.11 The 2024 Park Maintenance Division equipment replacement purchases as scheduled in the Capital Improvement Plan. Motion carried 5-0. S. Open Forum City Council Minutes Page 2 January 16, 2024 No one appeared for Open Forum. 6.1 Multipurpose Facility Advisory Commission Interviews The Council interviewed applicants for the Multipurpose Facility Advisory Commission. 6.2 City of Elk River Volunteer of the Month — December Mayor Dietz presented the December Volunteer of the Month award to Chris Castagneri. He highlighted the following: ■ Started on the Board of Directors of Three Rivers Montessori School when work began to open the school in 2017. Put in countless hours to get the school up and running, bringing the project to fruition against all odds. Her efforts have led to the success of the Three Rivers Montessori School. ■ Member of Elk River Rotary Club. ■ Arts Alliance Board member. ■ Member of the Elk River Chamber of Commerce and past president. 6.3 City of Elk River Volunteer of the Month - January Mayor Dietz presented the January Volunteer of the Month award to Lucas Dahlberg. He highlighted the following: ■ Volunteered 500 hours in 2022 running graphics on the video board at the Furniture and Things Community Event Center. ■ Director of Event Productions for Elk River hockey and football games and Minnesota Squatch games. Worked the video boards at the Furniture and Things Community Event Center for section championship hockey games. ■ His experience may lead to more Elk River High School students getting to work with gameday event production. ■ Officially became an employee of the Furniture and Things Community Event Center in January 2023. ■ Has an amazing knowledge of event graphics and video boards. 7.1 Conditional Use Permit: McDonalds Signage 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. Mayor Dietz asked what height the current sign is. Mr. Carlton answered 30 feet. Councilmember Wagner asked if there will be amenity signs placed after construction. Mr. Carlton said that the individual businesses would work with MnDOT for the amenity signs. P I N E R E I I Y NATURE U City Council Minutes January 16, 2024 Page 3 Mayor Dietz stated he would like to help the businesses to initiate the amenity signs for the businesses. Councilmember Wagner asked how the Planning Commission voted. Mr. Carlton answered they voted 3-2. Councilmember Wagner then asked if they could have some context on the opposed votes. Tony Mauren was in attendance from the Planning Commission and explained the Planning Commission's perspective. Mr. Mauren stated that there was not any discussion from the two that opposed. The main concern of the commission was how it would impact the residents near the businesses who didn't want bright lights from the signs shining into their living rooms. Councilmember Westgaard stated he would agree with the Planning Commission to be careful about having a lot of signs that go to 60 ft in the air from a residential perspective but would support a 40 ft request based on the studies done. Councilmember Beyer and Councilmember Wagner agreed. Councilmember Grupa expressed he is concerned about the residents and thinks the 35 ft height is plenty if the amenity signs are in place to let people know when to exit. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the Conditional Use Permit amending the Planned Unit Development Agreement for Barrington Place and allowing freestanding signs up to 40-feet tall. Motion carried 4-1. Councilmember Grupa opposed. 7.2 Ordinance Amendment: Section 30-860, Sign Permit Requirements; and Section 30- 879, Sign Standards for Multi -family Buildings 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 24-03 amending Section, 30-860, Permit. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Ordinance 24-04 amending Section, 30-879, Residential Districts. Motion carried 5-0. 7.3 Ordinance Amendment: Planned Unit Development Procedures 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. P 0 N E A E 0 1 1 NATURd City Council Minutes January 16, 2024 Page 4 Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Ordinance 24-05 changing the review process for Planned Unit Developments (PUDs) from a Conditional Use Permit (CUP) to an Ordinance Amendment. Motion carried 5-0. Moved by Councilmember Grupa and seconded by Councilmember Westgaard to adopt Resolution 24-07 approving summary publication of Ordinance 24-05, Planned Unit Development procedures. Motion carried 5-0. 7.4 Ordinance Amendment: Cannabis Cultivation Allowable Zoning Locations 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 Wagner to adopt Ordinance 24-06 defining and permitting cannabis cultivation. Motion carried 5-0. 8. Elk River Youth Hockey Rink Agreement Mr. Portner presented the staff report. Councilmember Wagner asked if all non -school time ice hours had been rented. Mr. Dalton answered yes, they take any available hours that we have available for them. He stated that they are not losing any ice rental time. Moved by Councilmember Grupa and seconded by Councilmember Westgaard to approve an agreement with the Elk River Youth Hockey Association for placement and services of an outdoor hockey rink adjacent to the Furniture and Things Community Event Center. Motion carried 5-0. 9. Adjourn Regular Meeting 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 7:18 p.m. Mayor Dietz called the work session to order at 7:18 p.m. 10.1 Use and Sale of City Owned Property Mr. Carlton presented the staff report. The Council discussed the situation of Outlot A, Elk Ridge Estates, as outlined in the staff report. Daniel Krueger,18682 Queen Circle NW, stated the court trial between him and Wapiti is scheduled in March. He asked if the city could delay the code enforcement case until after the court case with Wapiti is completed. u E 0 E l I r NATUR City Council Minutes January 16, 2024 Page 5 Mayor Dietz asked the city attorney what the ramifications would be if the city did not take any action at this point and left the gravel where it was and asked if it would have any effect on anything. The city attorney stated it would not have any effect on anything to leave the gravel where it is since it is city property. The Council agreed to delay any code enforcement issues until the legal portion is completed and Mr. Krueger will contact staff at that time. 10.2 Mississippi Road Trail Update Mr. Wisner presented the staff report. The Council discussed the Mississippi Road Trail based on the current design and directed staff to move forward with the design. 11. Motion to Adjourn Moved by Councilmember Wagner and seconded by Councihnernber Grupa to adjourn the meeting of the City Council. Motion carried 5-0. The meeting adjourned at 7:36 p.m. Minutes prepared by Jolene Richter. Tina Allard, City Clerk p 0 V E B E 0 e r NATURE]