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4.1. DRAFT MINUTES (1 SET) 08-02-2021 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, July 19, 2021 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, Chief Engineer/Public Works Director Justin Femrite, Finance Director Lori Ziemer, Chief of Police Ron Nierenhausen, City Attorney Peter Beck, and Deputy Clerk Jessica Miller 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Two items were added: 4.8. Temporary On-Sale Liquor License for the Rotary. 8.0 Sponsorship Agreement with Kiser Construction. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve: 4.1 Minutes  June 30, 2021, Special  July 6, 2021, Regular 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Amend resolution 20-100, 2021 Compensation Plan as outlined in the staff report. 4.5 Approve the updated Community Service Officer 2 position description to Community Service Officer 2/Evidence Technician and City Council Minutes Page 2 July 19, 2021 ----------------------------- approve assigning current Community Service Officer 2 Jeff Prehatney to Community Service Officer 2/Evidence Technician effective May 21, 2021, as outlined in the staff report. 4.6 Hire Billy Hunter as Assistant Facility Supervisor effective September 8, 2021, as outlined in the staff report. 4.7 Adopt Resolution 21-53 acknowledging various monetary contributions to the Parks and Recreation Department. 4.8 Temporary On-Sale Liquor License to the Elk River Rotary Club for the Taste of Elk River event scheduled for August 5, 2021, with the condition alcohol must be limited to an area enclosed by fence with a secure, controlled access and wrist band control. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.2 Recognize Promotion of Don Birdsall to Juvenile Detective Sergeant Chief Nierenhausen introduced and provided background on Don Birdsall. Mayor Dietz administered the oath of office to Detective Don Birdsall. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the July Volunteer of the Month award to Joanne McChesney. He highlighted the following:  President of Christian Women at the Church of Saint Andrew.  Volunteered as Eucharist minister, usher, greeter, and at the parish festival at St. Andrews.  Calls bingo at Guardian Angels and the Bee Hive senior living complexes.  Former member of the Elk River Area Chamber of Commerce.  Assists CAER clients with their shopping.  Volunteers at CAER preparing food for distribution and helping at the free farmer’s market. 7.1 Conditional Use Permit: Dog Grooming and Boarding/Daycare Facility th at 9660 178 Avenue, Heidy Knebel, Pretty Paws, LLC. Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. City Council Minutes Page 3 July 19, 2021 ----------------------------- th Idelle Day, 9772 178 Ave NW, never hears any animal noise from the applicant’s house and has no concerns about the additional traffic or smell. Unknown neighbor, stated she is new to the neighborhood but doesn’t see any issues with the request. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: 1. The applicant shall receive a commercial kennel license from the city. 2. No more than six (6) animal units shall be allowed outdoors at once. 3. The number of dogs permitted for boarding shall be limited to three (3), this is in addition to the owner’s animals. 4. The removal of animal waste shall comply with Section 10-5. 5. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 6. All dog waste shall be cleaned up immediately when dogs are off-site. 7. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of such dog shall be grounds for revocation of the permit. 8. The backyard fencing shall be maintained at all times. Motion carried 5-0. 7.2 Conditional Use Permit: Operate a Dog Daycare and Boarding Facility at 555 Railroad Drive, John Madsen, the Dakotah Group, Inc. 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. Councilmember Wagner questioned where the dogs will go to the bathroom if there is no grass. John Madsen, applicant, indicated they put down Astro turf. He noted solids are bagged immediately and everything is power washed every evening. Councilmember Westgaard questioned if runoff is a concern if outside spraying occurs every evening. Mr. Leeseberg stated he didn’t believe there would be any issues. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the Conditional Use Permit with the following conditions to satisfy the standards set forth in Section 30-654: City Council Minutes Page 4 July 19, 2021 ----------------------------- 1. The Conditional Use Permit shall not be recorded until the city building official and fire marshal have inspected, and approved, the building for compliance with all state and local building codes and all applicable conditions of approval have been completed. 2. Dogs shall be leashed/kenneled when being transferred from vehicles to the building and vice versa. 3. All refuse collection containers shall be stored within an enclosure facility large enough to accommodate the collection of all materials. Refuse containers and materials must be out of sight from neighboring tenants, properties, and street. 4. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary condition. 5. Indoor facilities shall be adequately ventilated and have required light, cooling, and heating. 6. Adequate storage and refrigeration shall be provided to protect food supplies against contamination and deterioration. 7. Waste shall be picked up immediately and disposed of in a sealed container. 8. Animals are allowed outside only under direct supervision. 9. No more than four (4) animals per supervisor shall be allowed outside the fenced area and will be leashed at all times. 10. Outdoor play shall only occur between 8:00 a.m. and 8:00 p.m. 11. The outdoor play area shall be defined by a six-foot-tall opaque fence. Vinyl, or other, slats in chain link fencing shall not be used. 12. Noise shall be mitigated as to not create a public nuisance for adjoining tenants and properties. If a dog, or dogs, continuously barks (over 5 minutes), they shall be immediately brought inside. 13. A commercial kennel license from the City of Elk River must be obtained. 14. Staff must approve a detailed site plan identifying the fenced area and parking accommodations. Motion carried 5-0. 7.3 Conditional Use Permit: Private Kennel., 18857 Albany Street Mr. Leeseberg presented the staff report. The Mayor allowed for public comment. Councilmember Christianson verified the Interim Use Permit follows the same revocation process as a Conditional Use Permit if conditions are not followed. Mr. Leeseberg indicated it does. Councilmember Beyer questioned if the Interim Use Permit is specific to the dogs currently living in the home. Councilmember Wagner had the same question. Attorney Beck indicated as written the permit allows for a maximum number of dogs City Council Minutes Page 5 July 19, 2021 ----------------------------- and expires if the person being served by the dogs moves. He added the animals could be specified in the permit. Councilmember Christianson indicated he believes the intent is to support the family member and he is comfortable with the condition limiting the number of animals but is not in support of a condition so granular that it addresses the actual animals. Councilmember Westgaard concurred. Attorney Beck stated he would like the applicant to state for the record he is in agreement with the conditions listed for approval before the Council takes action. The applicant indicated he agrees to the proposed conditions. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve the Interim Use Permit with the following conditions: 1. The Interim Use Permit (IUP) will expire if the family member supported by the animals moves from the home. 2. The private kennel shall be limited to ten (10) animal units. Additional animal units will require an amendment to the IUP. 3. No more than six (6) animal units shall be allowed outdoors at once. 4. The removal of animal waste shall comply with Section 10-5. 5. No more than two (2) animals per supervisor shall be allowed outside of the fenced area. 6. All dog waste shall be removed immediately when dogs are off-site. 7. The applicant shall receive a private kennel license from the city. 8. No dogs designated as dangerous or potentially dangerous are allowed to be kept on site, and the keeping of such dog shall be grounds for revocation of the permit. 9. The backyard shall be fenced with a six-foot tall 100 percent opaque fence and is to be always maintained. Motion carried 5-0. 8. Sponsorship Agreement with Kiser Construction for Arena #2 of the Furniture and Things Community Event Center Mr. Portner presented the staff report. Chris Potenza, Front Burner Sports & Entertainment, provided an update on the sponsorship agreement with Kiser Construction. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve a sponsorship agreement with Kiser Construction for Arena #2 of the Furniture and Things Community Event Center. Motion carried 5-0. City Council Minutes Page 6 July 19, 2021 ----------------------------- 8.1 Pinewood Golf Course Conveyance Mr. Portner presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt resolution 21-54 approving a conveyance of Pinewood Golf Course to Baer Necessities, LLC for the purchase of Pinewood Golf Course and authorize the execution of all necessary documents by the Mayor, City Administrator, and City Clerk. Motion carried 5-0. 8.2 2022 Benefit Level for Elk River Fire Relief Association Ms. Ziemer presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Beyer to approve an increase for the Elk River Fire Relief Association benefit level to $8,850 per year of service effective January 1, 2022. Motion carried 5-0. 8.3 County Road 13 Cost Share Agreement and Plan Approval Mr. Femrite presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the cost share agreement and final plans for the Sherburne County CSAH 13 Improvements. Motion carried 5-0. 8.4 Trott Brook Park Tennis Court and Country Crossing Park Basketball Projects Mr. Portner presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve the quote of $112,584.32 from North Valley for general site improvements at Country Crossing and Fresno Parks. Motion carried 5-0. 8.5 Active Elk River Youth Athletic Complex Project Septic System Mr. Portner presented the staff report. He stated this would be eligible for American Rescue Plan Act funds as septic improvements or park dedication so overage does not have to come from Active Elk River funds. Mayor Dietz questioned why the lot would have septic rather than city water and sewer. Mr. Portner explained city water and sewer would require expensive infrastructure to serve one small lot. Mr. Femrite added the current sewer system ends near Sportech and GATR and bringing it to Cargill will get it closer but there are some obstacles between Cargill and the Youth Athletic Complex that would City Council Minutes Page 7 July 19, 2021 ----------------------------- complicate things. He added it could possibly be triple the cost of septic to run city water and sewer to this lot. Discussion took place on the bid coming in $9,900 higher than the budgeted amount, but the Council was in favor of moving forward and discussing where the excess funds can come from. It was noted the Parks and Recreation Commission has not discussed this since it is an Active Elk River project. Council requested a spreadsheet of each Active Elk River project and its status. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the contract for the Youth Athletic Complex Septic System Improvements to Septic Check for $179,990,00. Motion carried 5-0. Councilmember Beyer thanked the Elk River Golf Club Board of Directors and Chris Singer for their management of Pinewood Golf Course the last four years. Council recessed at 6:54 p.m. The meeting reconvened at 6:56 p.m. 9.1 American Rescue Plan Act Funds Utilization Mr. Portner presented the staff report and asked Council to review and provide feedback on items listed in the staff report. Mayor Dietz questioned if Sherburne County has this list for discussion at the joint meeting on Wednesday. Mr. Portner indicated they do. Councilmember Westgaard questioned if the American Rescue Plan Act (ARPA) funds are to help the city or to help residents. Mr. Portner indicated the funding is intended to help the entire community recover from the pandemic. The Council offered the following comments:  Favored broadband expansion  Possibly use for utility hardship cases  Leverage our money with the county  Provide for jobs and lost revenue for local businesses  Remove projects and items from levy that effect all resident’s taxes  Concerns over defining essential employees.  More inclined to help people get back on their feet than to provide additional pay for essential employees  Must be sustainable as it doesn’t help to give businesses money if it’s not sustainable  Look for ways to help the largest amount of people.  Chamber is looking at ways to support childcare City Council Minutes Page 8 July 19, 2021 ----------------------------- Debbi Rydberg, Chamber of Commerce President, indicated many daycares were forced to close due to COVID and they are looking at ways to help them reopen. She explained a task force has been assigned to identify obstacles with reopening including additional costs associated with inspections and other licensing requirements. She added support may be in the form of assisting with these additional costs or even providing funding for businesses to help employees pay childcare. Councilmember Wagner indicated the next steps are vital as it is imperative the city does this correctly. Mr. Portner indicated he will bring the list for discussion at Wednesday’s joint meeting with the County Board and start prioritizing and bring back in September. He added the city has until 2024 to spend the funds. Councilmember Christianson questioned timing of the Council-sponsored staff appreciation lunch. He had concerns with putting the event together prior to the city staff appreciation lunch on September 15. Councilmember Wagner suggested possibly having a holiday-themed appreciation. The Council decided to discuss later. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:32 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk