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03-04-2024 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, March 4, 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, Public Works Director Justin Femrite, Street and Park Superintendent Tim Sevcik, Assistant City Administrator Joe Stremcha, Parks and Recreation Manager Michael Hecker, and Sr. Admin. Assistant Jennifer Green 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance: The Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added item 4.8 to the Consent Agenda — Memorandum of Understanding, LELS #3212 Injury on Duty Pay. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the agenda as presented with the addition of item 4.8 as outlined above. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve: 4.1 February 20, 2024, Regular Minutes. 4.2 Check register as outlined in the staff report. 4.3 Adopt Resolution 24-13 to support hosting a Minnesota GreenCorps Member for the 2024-25 Program Year from the Minnesota Pollution Control Agency as outlined in the staff report. 4.4 Hire John Hopps for the position of Police Officer effective March 11, 2024, starting at pay step 2 of the union contract as outlined in the staff report. 4.5 Master Service Agreement 2024-05 with Baker Tilly for Municipal Advisory Engagement as outlined in the staff report. ( ] 4.6 Pay Estimates as outlined in the staff report. 4.7 Contract with Civic Systems for ERP Financial Software as outlined in the staff report. 4.8 Memorandum of Understanding with LELS #231 amending Injury on Duty Pay language retroactive to the approval of the current labor agreement as outlined in the staff report. City Council Minutes Page 2 March 4, 2024 Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1. 2024 Resource Recovery and Energy Award for the Wastewater Treatment Facility Mr. Femrite presented the City Council with an award received by Wastewater Operators Jason Ames and Andy Kitzman. Their efforts to meet goals to save energy and equipment wear reduced energy consumption at a cost savings of up to $30,000 a year. The council accepted the award and extended their appreciation to the wastewater division. 6.2 Advisory Board Candidate Interviews The Council interviewed the following candidates: Heritage Preservation Commission Jayne Dietz Parks and Recreation Commission Joy Goodwin Harold (Hal) Stewart Jill Varty Planning Commission Christine Holman Kelli Sweeney (not present) 7.1 Elk River SBC Addition for Venture Pass, LLC- PID 75-00659-01 15 & 75-00849-0010 • Land Use Amendment — Industrial and Public/Semi-Public ■ Easement Vacation ■ Preliminary Plat of SBC Addition ■ Final Plat of SBC Addition Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 24-15 amending the city's Comprehensive Plan to extend the Industrial and Public/Semi-Public Classifications to Outlot A, ER Ventures Addition, as outlined in the staff report. Motion carried 5-0. City Council Minutes March 4, 2024 Page 3 Moved by Councilmember Grupa and seconded by Councilmember Wagner to adopt Resolution 24-14 Granting a Petition to Vacate Drainage and Utility Easements to support the platting of Elk River SBC Addition, subject to the easement vacation being recorded immediately prior to the recording of the final plat. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the Preliminary Plat of Elk River SBC Addition with the following conditions: 1. The City Council must approve the associated land use amendment (LU 24-01). 2. The applicant and the city shall enter into an agreement approving use of the proposed right-of-way as a driveway for lot 2 and noting that the city will not maintain the right-of-way until a city street is constructed to city standards which will be required should the parcel develop into a use other than a billboard in the future. 3. The right-of-way to be dedicated for use as a future street shall meet all city design standards. 4. The city council must approve an easement vacation to support the proposed lot configuration and right-of-way location. (EV 24-01) 5. All easements supporting the overhead electric lines shall remain in place. 6. Any development within the easements for the overhead power lines requires approval from the entity managing the infrastructure. Motion carried 5-0. Moved by Councilmember Grupa and seconded by Councilmember Wagner to adopt Resolution 24-16 approving the final plat of Elk River SBC Addition with the following conditions: 1. All conditions of approval for the preliminary plat must be satisfied. 2. The final plat must be updated to reflect the vacated easements. 3. The approved wetland boundaries must be included on the final plat. 4. Park dedication shall be paid at the rate applicable when the plat is released for recording. Motion carried 5-0. 7.2 Spectrum Schools Planned Unit Development, 17796 & 17823 Industrial Circle ■ Zone Change from Business Park to PUD ■ Conditional Use Permit to Establish the PUD Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. Councilmember Westgaard stated he was challenged with continuing to allow the school to stay in the business park district, displacing businesses, and noted the initial use approved in 2008 was due to a downturn in the economy and those buildings sitting empty. He wondered if there would come a time INATUREI City Council Minutes March 4, 2024 Page 4 when the school would outgrow its space. He stated he would not be supporting the request by Spectrum Schools. Councilmember Beyer agreed with Councilmember Westgaard's comments and noted there was the 1,000-student cap on the number of allowed students. Councilmember Wagner agreed with Councilmember Westgaard's comments but indicated she supports the requests due to the fact the applicant owns the properties included in their request. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Ordinance 24-07 to approve the request by Spectrum Schools for a Zone Change from Business Park to Planned Unit Development at 17796 and 17823 Industrial Circle as outlined in the staff report and with the following conditions: 1. City Council approval of the preliminary and final plat of Elk River SBC Addition. 2. The plat must be recorded prior to recording the ordinance amending the zoning to PUD. 3. A PUD agreement shall be approved by the City Council prior to recording the Zone Change. Motion carried 4-1 with Councilmember Westgaard opposing. Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve the request by Spectrum Schools for a Conditional Use Permit establishing a PUD at 17796 and 17823 Industrial Circle as outlined in the staff report with the following conditions to satisfy the standards set forth in Section 30-654: 1. Capacity of the school, combination of all three facilities (17796 Industrial Circle,11044 Industrial Circle, and 17823 Industrial Circle) within the industrial park, shall not exceed 1,000 students. 2. No school -related parking shall be permitted on the adjacent public street. 3. Due to the industrial nature of the neighborhood, the school recognizes that noise, odors, truck traffic, and other undesirable effects may be present. 4. The City Council shall approve a PUD agreement prior to releasing any building permits within the district. 5. The city may require parking and traffic analysis for any future improvements within the district to ensure compatibility with surrounding uses. 6. Building design, materials, and setbacks must match the requirements of the Business Park district. Motion carried 4-1 with Councilmember Westgaard opposing. 8.1 iBackCheck, PLCC, Outstanding Lease/Penalty Appeal Mr. Stremcha presented the staff report. He noted the contract with iBackCheck was written for 5 years, through May 2, 2027, with an option to renew for another 5 years. Dr.Christi Jo Christian was present and gave council a public apology for the outstanding payments and penalties owing to the city. She stated it was not intentional to be late with payments, it was her F I E A E I i t NATURE] City Council Minutes March 4, 2024 Page 5 oversight and banking errors and noted how challenging it was running a small business. She asked the council to waive the penalties by suspending the late payment fees if she meets the payment schedule for the remainder of the year. She again apologized to the city and wished to continue their great relationship. Councilmember Wagner explained she understands the role of a small business owner but as a councilmember has to think about the residents of Elk River and balancing the fairness of setting precedence for others. She wondered if by waiving her penalties, does that set up the council for future requests and issues. She stated the lease was outlined very clearly and didn't know what the right answer was. Mayor Dietz agreed with Councilmember Wagner's comments and noted the council answers to the taxpayers. He too was struggling with the right answer. He asked Ms. Christian if she was willing to pay back the city in a repayment plan. Councilmember Grupa stated he too was struggling with the right decision and pointed out there was one payment made on time with the rest of the payments late. Ms. Christian indicated she understands the city's standpoint and asked if something could be negotiated. Councilmember Beyer stated he was struggling with the right answer as well and felt there were many opportunities for her to communicate with staff to get back on track. He felt he could probably 4 support a repayment plan to repay the $4,000 owed. Councilmember Westgaard agreed with all the councilmember's comments and understands there are hardships. He asked Ms. Christian if she was agreeable to working out a repayment plan. Ms. Christian indicated she was agreeable to working out a repayment plan. The council crafted a repayment plan to give Ms. Christian an extended time to repay the $4,460.71 and add that to the regular payment each month. If at any time the lease payment or outstanding fees aren't paid on time, the entire amount of the outstanding lease payments and penalties would become due. Ms. Christian was agreeable with that plan. If for some reason Ms. Christian was unable to make timely payments as outlined in the agreement, Mr. Stremcha would report back to the city council. Moved by Mayor Dietz and seconded by Councilmember Beyer to approve a monthly repayment plan for Chrisi Jo Christian of iBackCheck, PLCC, to pay the outstanding lease/penalties owing to the City of Elk River in the amount of $4460.71 divided by 12 and first payment due with the monthly lease payment for April 2024. Motion carried 5-0. I/ 1 [I F I 171 AtURE City Council Minutes March 4, 2024 8.2 Discuss Work Session Items Page 6 Councilmember Wagner stated she and the rest of the council received a citizen email regarding the request for a discussion on unsignalized intersections on Highway 169 and specifically at 221't Avenue to determine if a safety study is warranted and to determine if further improvements or grant opportunities are available to make the unsignalized intersections safer. Mr. Portner asked the council for dates to hold the annual retreat. After discussion, the retreat was scheduled for April 29. He will set the time and send out topics to the council. 8.3 Advisory Board Appointments The Council made the following appointments with term expirations of February 28, 2027. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to appoint Jayne Dietz to the Heritage Preservation Commission. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Grupa to appoint Harold (Hal) Stewart and Jill Varty to the Parks and Recreation Commission. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Christine Holman to the Planning Commission. Motion carried 5-0. The Council directed staff to reach out to Kelli Sweeney to see if she was interested in serving on the Energy City Commission or the Beautification and Public Arts commission, and to reach out to Joy Goodwin to see if she was interested in serving on the Multipurpose Facility Advisory Commission. 9. Council Liaison Updates Councilmembers provided updates as outlined in the respective advisory board's minutes. Councilmember Westgaard wondered who to contact regarding District 10 playoffs to host in Elk River instead of Anoka. Councilmember Wagner discussed the needs for the city to get creative with signage regarding Highways 169 and 10 road construction to help direct traffic to businesses who might be affected by rerouting of traffic. 10. Adjourn Regular Meeting [lO�EAEI �r NATURE City Council Minutes March 4, 2024 Page 7 Moved by Councilmember Beyer and seconded by Councilmember Wagner to adjourn the regular meeting of the City Council. Motion carried 5-0. The regular meeting adjourned at 7:31 p.m. Mayor Dietz called the work session to order at 7:37 p.m. 1 1.1 Emerald Ash Borer Management Plan and Compost Transfer Facility Use Policy Mr. Femrite and Mr. Sevcik presented the staff report along with a PowerPoint demonstration and exhibits showing the emerald ash borer (EAB and the pending influx of diseased trees and the need for the city to craft a management plan. About 10% of the city's trees are ash trees, and some locations will see a drastic dying in the next 5 years. Mr. Femrite discussed the city's need for identifying tree ownership, outlining what are public trees within the public road right-of-way, which is the city's responsibility to treat and maintain. Private trees within residential properties are the responsibility of the property owner to treat and maintain. Mr. Sevcik presented some exhibits showing the challenges of determining tree ownership, and how they currently use measurements to aid in determining if a tree is the city's responsibility. He provided snapshots of streetscapes where ash trees were present and already starting to show signs of disease. Mr. Sevcik explained when the deceased trees are removed and ground, the EAB will not survive and therefore diseased trees will be handled the same way as they currently are with no need to worry about disease spreading from the compost site. He noted the locations of the trees in the right-of-way and how some properties have landscaping around the trees and removal will affect some resident's landscaping. The city will also have to consider leaving the stump versus removal the stump and reseeding any grass or repairing any landscaping and having this clearly outlined in the policy. Mr. Femrite indicated the staffs viewpoint is the city will take responsibility for those trees located in the right-of-way. It gets tricker with trees located in drainage and utilities easements and can sometimes become expensive to remove. Mr. Femrite mentioned the city of Ramsey's sample policy in the staff report and asked the council for direction on drafting an initial policy for discussion at a future meeting. He stated it was necessary to determine the ownership and responsibility of the tree and that it be fair for both the city and the resident. He stated the only cost to the city would be if a surveyor would need to be hired to determine if the tree is fully established in the city's right-of-way. He indicated there are numerous trees located in the drainage and utility easements, which are considered a resident's private property. Having these discussions now will allow for a draft policy to outline responsibility and provide direction for both the city and the public with a consistent approach, and the major visual and financial impact the tree removal will have on residents. Mr. Femrite stressed the importance of future public education and outreach for property owners. The council discussed the current policy on disruption of items in the right-of-way when landscaping is displaced. Mr. Femrite indicated care is taken not to disrupt the landscaping, and seed and topsoil is applied where needed. Councilmember Westgaard commented that easements aren't always next to the right-of-way, and somethings run through resident's yards. He also noted you aren't supposed to plant trees in the drainage and utility easement. Mr. Femrite noted stumps can be more costly to remove as there are utilities also running alongside the roots. Trees located in the drainage /iEIEI I NATME City Council Minutes March 4, 2024 Page 8 and utility easement would be better treated to cut at or below grade and place seed and topsoil over the stump to minimize impact on the utilities. For a potential alternative to removal of an ash tree, Mr. Sevcik outlined the possibilities of EAB injection treatments to aid in extending the life of the tree if they aren't highly infested. Other cities have done this, and treatments are proven to be effective in slowing down the disease but are required to be done every two to three years. The potential cost of treatment depends on the diameter of the tree and can run between $100-$200 per tree. It would not be cost-effective for the city to take this approach, but a homeowner may find this favorable to extend the life of their affected trees. Councilmember Wagner wondered if there was any benefit to the city to do a rebate incentive to reimburse homeowners that treat the affected trees with injections. Mr. Sevcik stated that type of approach has been successful in cities that have contracted with a tree service and received bulk pricing to treat residential trees. It's an option the city can explore. Councilmember Wagner asked how the city would approach removal of trees as taking them all down at once would be devastating to a neighborhood. Mr. Femrite stated it would be most efficient for public works staff to go from neighborhood to neighborhood and remove all the diseased ash trees at once. From the management of crews and the size of the job, he felt if they could get ahead of the removal process, current public works staff could handle the job. If they start a technique of spot removal of trees, it's less efficient and would likely require contracted tree removal staff. Mr. Sevcik stated there were very few neighborhoods that would see that distinct change other than Morton Avenue, where both sides of the streets are lined in mature ash trees. Other neighborhoods Eke Lafayette Woods, streets off of Irving and Jackson, and Bailey Point will also be highly affected. He indicated that because of the lack of snow this winter, public works staff was able to tree -trim almost the entire city in the right-of-way. This sets them up to focus on ash tree removal for the next five years. He noted staff will also look to ERMU for use of a bucket truck to aid in large tree removal. Mr. Femrite asked for council feedback to begin drafting a policy. He asked if the council wants public comment just to gauge the community's understanding and offer feedback on what they would desire out of the city. He suggested once the policy is drafted, offer a public comment period to residents, such as an open house, to provide the educational piece and what residents can do which include tree removal, disposal, etc. Staff can work on the draft now but also begin to educate the community with social media posts and gauge feedback on how much the community understands the severity of EAB. Public ordinances would also have to be amended regarding diseased trees and Mr. Femrite noted code enforcement staff already struggles with compliance to the existing ordinance. Mr. Femrite would provide a first draft to the council in late spring and begin the engagement piece now. Mr. Femrite then discussed the impacts this city-wide tree removal will generate on the compost site and noted staff continues to work on updates to the Compost Transfer Facility Use Policy. He just received ordinance language from the city of Becker and wants to have this language reviewed by our IEiEl of NATURE City Council Minutes March 4, 2024 Page 9 city attorney and police chief. The goal is to have consistency site to site. He noted county staff and all four city representatives met last week to continue discussions refining a unified process for combating and dealing with restricted material dumping. Councilmember Wagner would like to see a tougher fine and pass suspension. 11.2 Rivers Edge Commons Park Stone Seating Mr. Stremcha presented the staff report. He introduced Paul Paige, President of HKGi, who outlined what he thought happened to the stones deteriorating in the park. He stated the stones were placed as designed with drainage rock and geo fabric that separates the stone from the wet soil. But somehow the stones were not draining as designed, somehow receiving 8-10 inches of soil contact, and that was more than anticipated on the back and sides of the stones. He stated that coupled with changes made to the park's irrigation system and use of fertilizer caused some of the stones to deteriorate. Mr. Paige outlined the three options in the staff report and the council discussed each option. Mr. Paige indicated 40% of the stones are beyond repair and the city could reuse them. He also suggested the stones that aren't damaged could be saved by treating soil contact if the council chose Option 1. After discussion, the council felt Option 2 as outlined in the staff report would be the best option. They didn't want to continue using the same stone if future damage would occur, as Option 1 details. Option 3 was far too expensive. Councilmember Wagner felt Option 2 — concrete — will crack with the freeze/thaw cycle. Mr. Paige stated if the concrete is installed correctly, the uniform compression of the rock it sits on will not be damaged by freezing and thawing. Mr. Paige will have the original contractor formulate a quote to get a more accurate cost. Staff will bring back the quote to the council at a future meeting. 12. Motion to Adjourn Moved by Councilmember Beyer and seconded by Councilmember Westgaard to adjourn the meeting of the City Council at 9:10 p.m. Motion carried 5-0. Minutes prepared by Jennifer Green. U ! I I E I G I I i NAE