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07-20-2020 Regular CCMMembers Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 20, 2020 Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner None Staff Present: City Administrator Cal Portner, City Attorney Peter Beck, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Police Chief Nierenhausen, Interim Multipurpose Facility Superintendent Tim Dalton, Captain Darren McKernan, Fire Chief Mark Dickinson, and Records Specialist Katie Porath I. Call Meeting to Order 2. 3. IA Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:31 p.m. by Mayor Dietz. Pledge of Allegiance Pledge of Allegiance was recited. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve: 4.1 June 15, 2020, Regular Meeting Minutes. June 17, 2020, Special Meeting Minutes. June 22, 2020, Special Meeting Minutes. July 6, 2020, Regular Meeting Minutes. 4.2 Check register as outlined in the staff report. 4.3 Land Transfer: Elk River Municipal Utilities & Economic Development Authority 4.4 Easement Vacation: Twin Lakes Road & 175`' Avenue Community Housing Development Corporation 4.5 Acceptance of Public Improvements: Trace Heights Second Addition. 4.6 Easement Vacation and Final Plat for CommonBond 4.7 Pay Estimates 4.8 LORE: Right of Entry Agreements City Council Minutes July 20, 2020 4.9 Platted Exemption: Autry Addition Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Page 2 Mayor Dietz presented the July Volunteer of the Month award to Amy Klemz. He highlighted the following: ■ Wresting Club founder and volunteer at Rogers High School ■ Model for Tru Fashion United Way fundraiser ■ Assisted with October Fest, Christmas patties and State Fair activity at Guardian Angels Care Center ■ Has volunteered at St. Cloud Veteran's Hospital ■ Ran a camp for residents at Faribault and Cambridge State Hospitals 6.2 Recognition of Promotions within Fire Department Fire Chief Dickinson presented the staff report. Mayor Dietz presented the oath of office to Casey Neuman and Jeff Smith. 7.1 Planned Unit Development Amendment: Allow outpatient medical services, Phoenix Enterprises, LLC., on behalf of Northway Academy, Inc., 19437 Evans 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. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the Conditional Use Permit amending the Hillside Crossing II PUD Agreement to allow Outpatient Health Care Facilities as permitted use. Motion carried 5-0. 7.2 Conditional Use Permit: Operate a Private Kennel at 12457 1941h Lane, Gary Schwartz Mr. Leeseberg presented the staff report. Laura Schwartz, owner of the property, was in attendance. IT AUREI City Council Minutes Page 3 July 20, 2020 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz asked the Police Chief if there were any dangerous dogs at this address. There are not. Mayor Dietz asked why the Planning Commission did not require a fence. Mr. Leeseberg stated the commission felt that a fence would look out of place and would only provide a visual barrier but not help with noise. Councilmember Christianson reviewed that the applicant was asking that all four dogs be out at the same time, which would require an amendment to the listed conditions. Council asked if the dogs were spayed/neutered. Ms. Schwartz stated all except her new puppy were spayed/neutered. She added that getting rid of one of the dogs would not alleviate her conflicts with the neighbors. Councilmember Wagner stated she doesn't like to be in a position to try and resolve neighbor disputes. The responsibility would he on the applicant to comply with the conditions of the CUP and the neighbors would have the right to complain if conditions were violated. Mayor Dietz asked City Attorney Beck if the city could grant the CUP but revisit it again in a year to check on compliance. City Attorney Beck says the city can revisit it, but the CUP is permanent. If there is a problem, then a formal revocation process would have to be conducted. The Council would also have to hold a hearing to discuss the violations. Council was in favor of modifying condition 2 "No more than six (6) animal units shall be allowed outdoors at once" provided it does not become a burden to the adjacent property owners. r Councilmember Ovall added he was conflicted whether an invisible fence should be a solution as a physical barrier seemed safer. Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654, as amended: 1. The private kennel shall be limited to eight (8) animal units. Additional animal units will require an amendment to the Conditional Use Permit. 2. No more than eight (8) animal units shall be allowed outdoors at once. 3. The removal of animal waste shall comply with Section 10-5. All on -site waste shall be picked up and properly disposed of twice a week. City Council Minutes July 20, 2020 Page 4 4. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 5. All dog waste shall be cleaned up immediately when dogs are off site. 6. The applicant shall receive a private kennel license from the city. 7. No dogs designated as dangerous or potentially dangerous can be kept on site, and the keeping of such dogs shall be grounds for revocation of the permit. 8. Fencing, around the entire perimeter of the property, shall always be maintained and if underground invisible fencing is utilized, shall always be functioning. Motion carried 5-0. 7.3 Ordinance Amendment: Nuisances and Parking Ordinances 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. Councilmember Wagner asked about the length of grass. Councilmember Christianson asked about tarps in good repair. Mr. Carlton stated some property owners load debris or garbage onto a trailer and cover with a tarp. Councilmember Christianson confirmed that the ordinance does not apply to anything parked in the rear property. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt an ordinance amending Section 46-34 regarding public nuisances affecting peace and safety, and Section 30-934(a)(3). Motion carried 5-0. 7.4 Tobacco Ordinance: Amendment to match Federal and State Law Ms. Allard 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 confirmed that the amendment includes e-cigarettes and vaping. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve a tobacco ordinance amendment with an effective date of August 1, 2020. Motion carried 5-0. p 0 V E a I I I Y 'N"A UR u City Council Minutes July 20, 2020 Page 5 ----------------- Moved by Councilmernber Wagner and seconded by Councilmember Ovall to approve a resolution for summary publication of the tobacco ordinance amendment. Motion carried 5-0. 8.1 Joint Letter to Minnesota FederalLegislative Delegation from Minnesota Mayors calling for direct COVID-19 support Mayor Dietz presented the staff report. Council decided to ask additional questions of the letter writer on how it may pertain to the City of Elk River. 8.2 Multipurpose Facility Advisory Commission Interviews The Council interviewed applicants for the Multipurpose Facility Advisory Commission with a term beginning immediately and expiring February 28, 2021. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Patricia Downey to the Multipurpose Facility Advisory Commission. Motion carried 5-0. Mayor Dietz stated that the. Star News had approached him about writing a Mayor's Column. He wanted to know if the council had any issue with doing this. It was decided he would pursue it. City Attorney Beck mentioned there should be a disclaimer at the end of each article. Articles should also be avoided during campaign season. Council recessed at 7:39 p.m. and reconvened in work session at 7:45 p.m. 9.1 Cyber Ransom Co nmittee Mayor Dietz presented the staff report. A local business was concerned about a cyber ransom attack and asked the police department and IT to look into it as well as the Sherburne County Sheriff. Bob Pearson, IT Manager, had found a pamphlet which he felt outlines important steps to take following a cyber attack and is looking into trademarks and distribution. Mayor Dietz asked if this material would be distributed to businesses in Elk River. Police Chief Nierenhausen confirmed it would be made available to businesses and online. Crime prevention would also use it as an informative tool. POlfAEI iiATV City Council Minutes Page 6 July 20, 2020 ----------------------------- Council felt it was not in the city public purpose to use public resources to send city staff to local businesses to help with IT problems that may have arisen following a cyber ransom. Most businesses should have insurance for this type of thing. Mayor Dietz asked Police Chief Nierenhausen to share the materials with Sherburne County. He will contact the local business owner with an update on the council's discussion. Councilmember Wagner asked if the council was interested in forming a cyber ransom committee which may include a representative from IT and the police department. Council wondered if the committee should originate from the Chamber of Commerce and Councilmember Wagner volunteered to reach out to Debbi Rydberg. 9.2 Discuss Body Cam Program for Police Department Police Chief Nierenhausen and Captain McKernan presented the staff report. Council asked about the retention period on video footage. Retention could range from 30 days to indefinitely. Server space fills up quickly. Currently, the fleet cameras are Panasonic, but the department is proposing to switch to Axon fleet cameras and body cameras. The total cost would be around $300,000 but there would also be some cost savings due to duplication of some services and they will be purchasing four new squad cameras for replacement vehicles next year in any case. Police Chief Nierenhausen stated that there is a process that must be followed if the council would like to proceed, which includes community meetings. Council felt it should be added to the budget for additional discussion. 9.3 Sewer Access Charge for. Exercise/Fitness Facility Mr. Ruprecht presented the staff report. Cost is based on square footage and what the space has paid before. Council did not feel one fitness facility should have an advantage over another. If lower fees were granted to Planet Fitness other fitness facilities should probably be examined as well. Council was in favor of a future discussion on SAC and WAC fees. 9.4 Copart Land Swap P011a[[1! IY NATVR City Council Minutes July 20, 2020 Mr. Carlton presented the staff report. Page 7 Council questioned why the Park and Recreation Commission had not been shown all of the documentation. Some of the materials had not be available for the last Park and Recreation Commission meeting. Dave Williams, Park and Recreation Commission Chair, stated a majority of the commissioners were in favor of what they had seen, and a few felt they needed additional information. The motion to request more information failed by vote and the motion to deny the land swap failed for lack of a second. Mr. Williams went out to the property to see what it looked like. Council asked that the updated proposal go to the August 12, 2020, Park and Recreation Commission meeting and then return to the August 17, 2020, City Council meeting. Councilmember Christianson asked about the environmental impact and if the city must do soil testing before putting in a park. 9.5 Park Dedication Fees Mr. Carlton presented the staff report. He outlined a possibility that would help incentivize high density housing. City Attorney Beck stated this would be a policy decision. The cost changes would be a factor of land value. Council commented that the amount seems to go up and down every few years. City Attorney Beck stated that 10% was a standard almost statewide but most cities have adjusted away from a percentage. Councilmember Wagner asked why we are charging park dedication fees. Councilmember Ovall would like to know if there is a surplus or deficit of park land based on population. Council asked that the Parks and Recreation Commission do a needs analysis to see if there was sufficient park land, the land met the needs of the population, and there was enough distribution. This can occur at the same time as the Comprehensive Plan process. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:26 p.m. P 0 N E A I I I Y ivATUREI City Council Minutes July 20, 2020 Minutes prepared by Katie Porath. Tina Allard, City Clerk Page 8 NATURE