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06-03-2019 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, June 3, 2019 Members Present: Mayor Dietz John Dietz, Councilmembers Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Peter Attorney Beck, Environmental Coordinator Amanda Bednar, Stormwater Coordinator Brandon Wisner, Senior Planner Chris Leeseberg, Planning Manager Zack Carlton, Park Maintenance Supervisor Tim Sevcik, Finance Director Lori Ziemer, Parks and Recreation Director Michael Hecker, Senior Communications Coordinator Kaylin Clement, Liquor Operations Manager Joe Audette, Economic Development Director Amanda Othoudt, Public Works Director/Chief Engineer Justin Femrite, and Records Specialist Katie Porath 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 Pledge of Allegiance was recited. 3. Consider Agenda Item 8.1 was removed from the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Ovall and seconded by Councilmember Wagner to approve: 4.1 May 20, 2019, Minutes 4.2 Check register, check numbers 9982-9983 and 110574-110699 as outlined in the staff report. 4.3 Liquor license renewals for July 1, 2019, through June 30, 2020. 4.4 Amend Resolution 18-72, 2019 Compensation Plan. City Council N inutes Page 2 June 3, 2019 ----------------------------- 4.5 Request for proposal for professional services for project development, design, and construction for the extension of both Twin Lakes Road and Yale Street to proposed Trunk Highway (TH) 10/169 intersection. 4.6 Terminate the sales and marketing agreement with Blaze Advertising. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 Acknowledge Contribution by The Bank of Elk River Mr. Hecker presented the staff report. Mayor Dietz presented a commemorative plaque to John Babcock, President, and Julia Schreifels, Director of Marketing, from The Bank of Elk River. Moved by Councilmember Wagner and seconded by Councilmember Christianson to acknowledge contributions by The Bank of Elk River. Motion carried 5-0. 6.2 Introduction of New Employee Mr. Sevcik introduced Street Maintenance Operator II, Zaniel Dell. Council welcomed Zaniel to the city. 7.1 Orono Lake Improvement District (OLID) Public Hearing Ms. Bednar presented the staff report. She reviewed the creation of the OLID and the process of signatures. Mr. Wisner reviewed the map from the DNR. Mr. Plant, Chair of the Lake Orono Water Quality Committee, was in attendance to answer questions. Mr. Plant spoke about the letter of objection as well as the flyer provided to some of the residents. He explained how the map had been created and approved by city, county, and DNR staff in order to determine the hydrological boundaries. If there is a concern about these boundaries a formal process would need to be followed and scientific data would need to be provided to the DNR. If such evidence was found, and the map was changed, the city would be duty bound to follow the new direction from the DNR. Mr. Plant believes all properties would benefit. The formation of the OLID would create new forms of funding to augment existing government funding. Two main goals would be sedimentation and curly leaf removal. Anyone who lives on the Elk River would also see benefits. 0! E I I I I t NATURE City Council Minutes June 3, 2019 Page 3 Mr. Plant stated assessments were based on households, not parcels. A household was determined by one unit that is less than 10 acres. Attorney Beck stated this item was not city initiated but was brought as a petition, thus the city is required to take action. The city clerk verified the signatures with the assistance of the county auditor's office. After signature verification, a public hearing is required. The boundaries are determined by the commissioner of the DNR. Any interested person may offer their objections and criticisms about the necessity or benefits of the OLID. It was noted if the OLID is formed, and there are objections, 26% of the property owners may petition for a referendum on the OLID. The establishment of the OLID would be delayed until a referendum could be held. Mayor Dietz asked who would conduct the referendum. Attorney Beck stated the city would be responsible for providing ballots for a referendum. Mayor Dietz clarified that, even if someone on the council doesn't like the boundaries established by the DNR, they can't change them. Councilmember Westgaard asked about the collection of signatures. Attorney Beck explained the protocol that was used to determine qualifying signatures. Ms. Bednar added that it was based on what Sherburne County had done during the formation of the Three Lakes LID. Mayor Dietz opened the public hearing. Gerald Palmer, 13538 Island View Dr., was opposed to the OLID due to concerns about cost. He questioned how the signatures had been gathered and counted. Andrew Hulse, 18862 Concord St NW, was in favor of the OLID. There is a cost to maintaining and improving the lake and it would be nice to have it managed over a period of time. He compared the cost to a homeowners association on a condo. Chris Lord, 18390 Boston St NW, does not like the idea of weed control chemicals in the lake. He also asked if lake maintenance projects not affecting all lake owners could be charged separately. Aaron Brixius,1904 Main St NW, stated he was in favor of the OLID formation. Leonora Person, 13726189`e Ave NW, was opposed to the OLID because her property is on the river, not on the lake. She also felt cost assessments should be P01EAEI dY MATURE City Council Minutes June 3, 2019 Page 4 based on lot size and not charged per unit. She was concerned about having to disclose this annual fee to someone who might want to buy her property in the future. She questioned why the OLID should be responsible for curly leaf invasive species if it was caused by a public dock. Mr. Plant clarified one of the sources of the curly leaf weed came from the public landing and the majority comes from up stream. He explained the assessment amount was per unit based on what was done in 1998. Councilmember Wagner clarified the formation of the OLID was not a city -driven initiative. Ms. Person expressed concern about the amount charged. Mr. Plant stated every property owner would be able to vote on the budget at the annual meeting but since the OLID, had not yet been formed exact dollar amounts were not finalized. The majority of property owners present at the meeting would determine the vote. Kathleen Boekley,13776189`' Ave NW, stated she lives on the river and doesn't feel she should contribute to lake improvements. She expressed concerns with the use of chemicals in the water and explaining the annual assessment to potential buyers of her properties. Mark Person, 13726189`'' Ave NW, was concerned about the collection of signatures and whether the names may have been manipulated. He felt the river should be exempt and Mr. Plant should pay for the DNR to redraw the boundaries. Attorney Beck explained the signatures were gathered and verified using past practices. Christy Cox, 1836 Main St, stated she is the President of the Lake Orono Improvement Association. She stated she collected the signatures and many lake owners commented that the ongoing annual cost would was a good value. Dave Halgren,13492 Island View Dr., was in favor of the OLID and asked what would happen to the cost of sedimentation removal if the OLID was not formed. Mayor Dietz reviewed available funding opportunities. Attorney Beck reiterated the sedimentation removal as part of the Lake Orono Restoration and Enhancement (LORE) and OLID are separate. Scott Cundiff, 13742 189& Ave NW, felt the OLID was an unfair burden on people on the river and they would not receive any benefits. p01EIEI 11 NATUR U City Council Minutes June 3, 2019 Page 5 Mike Boelter,13897 185`' Ave, asked why the people who lived on the river should be charged for water quality improvements. He was concerned about sediment build up and asked where the removal would take place. Mr. Wisner explained the proposed dredging locations would be determined within the next 1 to 1 '/2 years but the LORE was separate from the proposed OLID. Councilmember Wagner asked Attorney Beck to clarify the difference between the LORE and OLID projects. Attorney Beck reminded those in attendance that the public hearing is to determine whether to establish a lake improvement district not on whether to do a dredging project. He noted discussion on chemicals is relevant but dredging is not relevant. Doug Bebo,13542 Island View Dr., spoke about the deterioration of the lake and the buildup of sedimentation. He stated if water is not able to flow through, it will affect water quality. Karl Johnson, 1836 Main St, reiterated the difference between dredging and the OLID formation. He believes the OLID has great benefits and an annual fee will help maintain lake quality. Darlene Enright, 13291 US Highway 10, belongs to the Three Lake LID and felt it has been successful in removing invasive species and weeds since its formation. She believes the $100-200 annual cost is worth it because she was always being asked to donate money in the past. Dan Kruger, 18682 Queen Cir NW, feels his property is on the river. Although he supports Mr. Plant, he felt the OLID should be more creative in determining cost, eliminate the river properties from paying, and look into using fewer chemicals. He felt there are also people who won't be able to afford it so the city should set up a grant program. Tom Farnsworth, 18613 Simonet Dr., agreed the lake association should look into other ways to reduce weeds, such as a weed harvester. He also spoke about flooding concerns and the deterioration of the lake. He felt it was not safely navigable at this time and would like it to look pretty again. He noted if the lake is maintained, it may not have to dredged again in 25 years. Joe Walters, 13002 Island View Dr., spoke about the terrible weed problem. Every year, lake property owners are asked to donate for weed control and it would be good for all property owners to share the burden. Denise Cundiff,13742 189`'' Ave NW, stated her property was on the river, not the lake. P 0 N E A E 1 1r INATURE City Council Minutes June 3, 2019 Page 6 Bob Dilley,12943 Orono Rd NW, was concerned about the cost. Taxes on lake properties seem to continue to go up. He felt the city should provide more money. Chris Rock, 18665 Lander St NW, felt the treatment of lake has already created better navigational areas. Nancy Duggan, 13862189`h Ave NW, stated because her property was on the river, she would like to be removed from the OLID. If her property was included, why aren't all properties along the river or even up to St. Cloud included. The amount of money would be a hardship. She felt the entire city uses the lake so they should all be asked to pay for it. Ed Bury, 1958 Main St NW, felt asking for a yearly fee instead of a large amount was similar to the franchise fee included on utility bills for shared street improvement. Mayor Dietz closed the public hearing. Attorney Beck asked for direction from council on whether to prepare a resolution of approval or denial for the June 17, 2019, meeting. Decisions could be held off until the July 1, 2019, meeting if needed and still fall within the time period. Council recommended preparing both an approval and denial resolution. Councilmember Christianson commented there are some questions the DNR may have to answer. Attorney Beck said the DNR was already reviewing questions about river property. Ms. Bednar said if the OLID was established parcels could be removed later if the DNR had not resolved questions prior to the June 17, 2019, meeting. Mayor Dietz confirmed the only way to change boundaries is if the DNR decides. Mayor Dietz asked about the process if the OLID is established but the DNR changes the boundaries. Attorney Beck recommends council pass a resolution confirming the changed boundaries if the DNR changes them. Councilmember Christianson asked about the map shown and if it was the official one provided by the DNR. Mr. Plant confirmed the DNR approved the map. They were aware of the boundary concerns and already looking into it. P 0 1 E N E I I Y Nl` TUP City Council Minutes June 3, 2019 Page 7 Councilmember Ovall wondered if there was a formal definition for lake boundaries. He confirmed that it was a scientific, not subjective, determination. Mr. Plant responded it would take new scientific evidence for the DNR to modify their current definition. Councilmember Ovall asked for clarification on how the OLID fee would be assessed. Mr. Plant stated there are two options. Either go by the numbers counted during the petitioning process or expand it to allow two signatures from trusts and other organizations if applicable. There are some properties where both owners do not agree on the formation of the OLID and he would like to respect individual voting rights. Mr. Plant stated the lake improvement district's he is familiar with use an assessment unit approach to determine costs. Attorney Beck stated the assessment unit approach makes sense if each unit is one user of the lake. Determination is not analogous to street footage to determine street repair amounts. The way it was structured is not out of line with past practice with other LIDS. Councilmember Christianson asked what type of cost might come from the city providing administrative support. Mr. Wisner stated that would be part of the Stormwater and Environment budget process and hours could be tracked if desired. Mr. Portner added the budget process would be similar to the library and come before the council once a year unless there were other issues that needed council attention. Mayor Dietz added that Ms. Bednar and Mr. Wisner administration costs would not increase, they would just have to reallocate their time. Councilmember Christianson stated the biggest issue is figuring out if the 189' boundary should be included or if the DNR agrees that it can be moved to exclude river property owners. The council took a short recess at 8:45 p.m. and reconvened at 8:51 p.m. 7.2A Mark and Lori Amborn, 13432 Meadowvale Road Simple Plat 7.213 Mark and Lori Amborn, 13432 Meadowvale Road Easement Vacations Mr. Leeseberg presented the staff reports. p 0 W E I E I I I NATURE City Council Minutes June 3, 2019 Mayor Dietz opened the public hearing. Page 8 Chuck Klotter,19980 Lander St NW, says the area that he lives has many drain tiles. His lot happens to be on the lowest level and the county has to continue to rebuild the drain tiles. His biggest concern is how the water is going to be drained. Mr. Klotter stated he, and his neighbors, pay a yearly maintenance fee to the county for repair of the drain tiles. Mr. Leeseberg stated nothing was proposed to be built on the property at this time and builders would not be allowed to build on the drain tiles. Cheryl Miller, 20018 Lander St NW, stated they have been dealing with the county ditch for 30 years. The county built a holding pond, which is the only thing that keeps it from not flooding. She is concerned about continued flooding. Councilmember Westgaard said the drain tiles are maintained and assessed by the county. Mayor Dietz asked Mr. Leeseberg to get clarification from the county on why it's flooding and what the county is intending to do to mitigate the issue. Mr. Leeseberg showed on the map that the area contains a lot of wetlands. There may be a misconception that the proposal is going to impede the ditch discharging water from the property. Mayor Dietz confirmed that building would not be allowed on top of the ditch. Lori Amborn, 13432 Meadowvale Rd, the applicant, stated any flooding that was occurring was a result of the failed ditch. She pointed out a portion of the ditch had been fixed by the county, which alleviated flooding, however, a portion was still in need of repair. She felt the proposed plat would not make flooding worse in the future. Sonja Ethun, 20044 Lander St, stated that flooding was an issue on her property. Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to vacate portions of a drainage and utility easement for Lori and Mark Amborn with the following conditions: 1. City Council approval of the plat of Amborn Addition. 2. The resolution must be recorded with Sherburne County at the same time the plat of Amborn Addition is recorded. Motion passed 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the final plat for Amborn Addition with the following conditions: P 0 1 E B E I o r NATURE City Council Minutes June 3, 2019 Page 9 1. Park Dedication shall be paid for three (3) dwelling units at the rate applicable when the subdivision is released for recording. 2. A 30 foot wide trail easement along the entire western property line of the plat shall be recorded. 3. Any item or condition found indicating the site is likely to yield information important to pre -history or history shall immediately be reported to the city. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion passed 5-0. 7.3 Hilltop Woods Estates Second Addition, 20655 Victoria Drive NW Mr. Carlton presented the staff report. The approval of the easement vacation was under consideration but the plat approval is postponed to the June 17, 2019 meeting. Mayor Dietz opened the public hearing. Mark Malzahn, 20950 Victoria Dr., doesn't believe the proposal meets all eight standards. He presented the council with copies of the development agreement which stated no more lots would be allowed until a connection is made to the north so that Victoria Dr. is no longer a dead end. He also distributed Planning Commission minutes from July 24, 2001, which recommended denial of the preliminary plat partially due to the length of the cul-de-sac. He passed out a covenant for Hilltop Woods Estates which governs the care and maintenance of the area. He is concerned that the same standards would not be held by any new property development. Micke Juillerat, 20565 Victoria Dr., was concerned about adding additional traffic to the road and the safety of kids and those who live in the area. Catherine Juenemann, 20633 Meadowvale Rd NW, wanted to understand where the future road is planned. Mr. Carlton said there was currently no proposal for where a road would go. Ms. Juenemann was concerned they would need to give up some of their land for a road. Mr. Carlton stated that, when a developer came in, they would discuss land acquisition with land owners. Paul Juenemann, 20633 Meadowvale Rd NW, reviewed the layout of their property showing their roadway was for accessing their property only. It is also a wetland and landlocked. P 0 w E R E a 0 1 NATURE City Council Minutes June 3, 2019 Page 10 Steve Hickman, 20562 Victoria Dr., was concerned about creating additional traffic. Some of the areas could be dangerous on Meadowvale Rd and Victoria Dr. due to blind corners. What is being proposed doesn't seem to line up with the determinations from 18 years ago. Aundrea Kring, 20593 Victoria Dr., was concerned about increased traffic, the safety of children and the effect on wildlife. Mayor Dietz closed the public hearing. Councilmember Westgaard asked Attorney Beck if he had seen the developer's agreement. Attorney Beck had not seen the agreement before. Councilmember Westgaard agreed it clearly says "no more lots allowed" until connection is made to the north. The road would need to connect with an existing city street system. He asked Attorney Beck if he would want time to review the handouts. Attorney Beck said there was a basis to deny based on the length of the cul-de-sac and wishes to review the development agreement. He will prepare a resolution for denial for the next meeting. Mr. Carlton explained the cul-de-sac was not being extended and cited a similar example at the Trott Book development for more homes on a cul-de-sac. Councilmember Westgaard was curious about the extent of property the agreement covered. Does it include the acres to the north? Mayor Dietz recommended Attorney Beck prepare a resolution of denial for the June 17, 2019 meeting. 7.4 Ordinance Amendment: Add Physical Recreation/Training to Mixed Use -Elk River Plaza District Mr. Leeseberg presented the staff report. Representatives from the proposed business were in attendance to answer any questions. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Ovall to adopt Ordinance 19-12 amending Section 30-1584, MU -ERP Mixed Use Elk River Plaza District. Motion carried 5-0. INAYW City Council Minutes Page 11 June 3, 2019 8.1 Elk River Landfill Leachate Conveyance System This item was removed from the agenda. 8.2 Appeal Hearing for Economic Development Authority Commissioner Charlie Blesener Charlie Blesener spoke to the council. He apologized for missing more than the allowable amount of meetings. He has appreciated his time as an EDA Commissioner and wishes to continue in this role. Councilmember Westgaard stated it has been a pleasure to serve with Mr. Blesener on the EDA and he would be in favor of reinstating him. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to reinstate Charlie Blesener to the Economic Development Authority to a term of December 31, 2022. Motion carried 5-0. 8.3 Resolution: Approve MN Laws, 2019, First Special Session, Chapter 6, Article 6, Section 17 Mr. Portner presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Minnesota Laws, 2019, First Special Session, Chapter 6, Article 6, Section 17. Motion carried 5-0. 8.4 Discuss Work Session Items No additions to the Work Session items. 9. Council Liaison Updates Mayor Dietz asked if the Council Liaison Updates could be postponed to a later meeting. Planning Commission - Councilmember Ovall wished to give a quick update on the Planning Commission. He said some items would be on the agenda at upcoming council meetings including zone changes for townhomes on Line Ave. There will also be a Conditional Use Permit application for Copart. There is some concern about the amount of traffic near that location. There was an application for a private kennel as well as items from Guardian Angels and a Montessori school. Library - Councilmember Christianson added that Great River Regional Library is receiving a sizable annuity over the next 20 years. P O/ E fl E® ® Y NATURE City Council lAinutes June 3, 2019 Page 12 Reports for Energy City, Heritage Preservation, Utilities, and Parks and Recreation were postponed until a future meeting. Council recessed at 9:58 p.m. in order to go into work session. Council reconvened at 10:03 p.m. 10.1 Land Use and Development Discussion Ms. Othoudt presented the staff report. Councilmember Westgaard and Councilmember Wagner were appointed to participate in a land use and development discussion with city and county staff. Two county commissioners will be selected at Sherburne County's June 11, 2019, meeting. 10.2 Liquor Operations Reorganization Plan Ms. Ziemer presented the staff report. Mr. Audette was in attendance to answer questions. Mayor Dietz asked if any current employees may be eligible for the new positon and whether it would be internal hiring to start. Mr. Audette said since they are working with a timeline due to an upcoming retirement they would prefer to post the position both internally and externally, and indicated there are several current employees that would eligible for the new position. The reorganization proposal will come to consent at the June 17, 2019, meeting but the council authorized the posting of the job description. 10.3 Business Park Zoning Mr. Carlton presented the staff report. Mayor Dietz had received a request to look at Business Park zoning and the allowable percentage of warehouse space. Councilmember Westgaard stated business trends indicate locations need less office space. The only drawback could be the increase in warehouse size may also increase the amount of hauling and shipping traffic. Is this type of traffic healthy for the Business Park area? Mr. Carlton said traffic would be examined and the allowable percentage would be compared to our peer cities. The other three industrial districts in Elk River allow 100% warehouse space. 10IEIEI 11 NATURE City Council Minutes June 3, 2019 Page 13 Councilmember Westgaard stated the Business Park was designed for people to come to work and then go home. If warehouse space was increased it would increase traffic and deliveries outside of the normal business hours. He recommended sending it to the Planning Commission to figure out the details and implications. The item would be added to the June 25, 2019, Planning Commission Meeting and come back to a July Council Meeting. 10.4 User Experience/Community Engagement Mr. Portner presented the staff report. He reviewed some ideas for improving citizen engagement in the government process and showed an example of a revised Public Hearing Notice. Ms. Clement reviewed an idea for an Elk River Resident Advisory (ERA) where residents could offer feedback through simple surveys. Mayor Dietz clarified where citizens would be recruited from. Ms. Clement stated if the call for volunteers was only on Facebook, there may be people who are not from Elk River who applied. Councilmember Westgaard agreed people from other communities may be interested in offering input so there should be a way to determine residency. Ms. Clement stated her initial goal was to collect 50 interested residents and then go through their demographics. Mr. Portner assured the council that the submitted information would be non-public data. The volunteers would be utilized for trending issues and would hopefully provide a good representation of the community. Councilmember Westgaard expressed concern over only hearing from the loudest voices. Is that a true representation? Councilmember Wagner wanted to make sure people were educated on the topic they were giving an opinion on before answering questions about it. Other times an "organic answer" might be best. Mr. Portner said the challenge would be in crafting the questions properly. Councilmember Christianson felt the proposal was a good starting point. Mayor Dietz referred to the redesigned Public Hearing Notice and asked if there were elements that were required by law. Councilmember Ovall said the redesign did not look official. a POVEAE1 BY ATURE City Council N inutes June 3, 2019 Page 14 Ms. Clement said the redesigned Public Hearing Notice could direct people to the website which would have a more official looking version. The redesign would hopefully attract people's attention and get them to read the information and attend the Public Hearing if it concerned them. Attorney Beck added there were some items that needed to be included on a Public Hearing Notice. Councilmember Ovall felt it was worth trying the redesign to see if it improved communication and engagement. Mayor Dietz directed communication staff to continue working on citizen engagement projects. Mr. Portner said their ERA information launch date was ideally the Night to Unite event on August 6, 2019. Ms. Clement discussed the options for live streaming council meetings on Facebook. She feels it may increase citizen engagement if they are able to comment and interact with other viewers while watching. The process would need the purchase of an additional provider and include a monthly maintenance fee. She could continue looking for quotes for providers. Councilmember Westgaard liked the idea that it could reach more people. Councilmember Wagner asked if it could be set up using iPads on tripods. Ms. Clement stated that Aurora, Illinois council does this but the audio is too faint. Councilmember Wagner asked who would be monitoring the comments and doing engagement. Ms. Clement stated there could be a disclaimer that the discussions are not monitored and staff would answer questions within a certain time period. Communications would monitor the feed to eliminate violations to terms of use. Councilmember Wagner said the comment stream would need to be monitored. There was too much of a chance for it to get out of hand. She does like the idea of real time engagement. The city could start with council meetings and then include commission meetings as well. Mayor Dietz doesn't have a problem being more open, however, we live in a negative society and negative comments might get out of hand. He did like the idea of having a volunteer greeter at council meetings to help people understand the council meeting process and when their item may be discussed. 0 1 E l E 1 B 1 NATURE City Council Minutes June 3, 2019 Page 15 Mr. Carlton discussed that, currently, Public Hearing Notices were distributed to an area of 350 feet from the area in question. The city was wondering whether to increase the area. Councilmember Ovall asked if the applicant pays for cost of distributing the Public Hearing Notices. If the area of distribution increased the cost would also increase. Attorney Beck stated his experience has shown that 500 feet is a common radius. Councilmember Westgaard wondered if the distance was the issue or if they never saw the notices. Mayor Dietz recommended increasing the area to 500 feet. Mr. Carlton will look into the potential fee impact of the increase from 350 to 500 feet radius distribution. 11. Recess Mayor Dietz stated the City Council is going into a closed meeting pursuant to MN Statute § 13D.05, Subd. 3(b) to discuss Wastewater Treatment Facility Equipment Performance Litigation. The Council Recessed at 10:54 in order to move into a closed meeting. Minutes prepared by Katie Porath. n K- Dietz, ayor Dietz Tina Allar , City Clerk u P01EAE0 01 NATURE