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09-07-2021 Regular CCMMembers Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, September 7, 2021 Mayor John Dietz, Councilmembers Mike Beyer, Matt Westgaard, and Jennifer Wagner Councilmember Garrett Christianson Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Environmental Coordinator Amanda Erickson, Engineering Project Manager Brandon Wisner, Human Resources Manager Lauren Wipper, Finance Director Lori Ziemer, Police Chief Ron Nierenhausen, Planning Manager Zack Carlton, Parks and Recreation Director Michael Hecker, and Records Specialist Katie Porath 2. 3. 4. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 7:02 p.m. by Mayor Dietz. Pledge of Allegiance Pledge of Allegiance was recited. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda. Motion carried 4-0. Consent Agenda Moved by Councilmember Wagner and seconded by Councihnember Westgaard to approve: 4.1 August 9, 2021, Special Minutes August 16, 2021, Regular Minutes August 23, 2021, Regular Minutes 4.2 Check register as outlined in the staff report 4.3 Change Order #2: 2021 Street Improvement Project 4.4 Temporary On -Sale Liquor License: Aegir Brewing Company, LLC. 4.5 Monetary Donation from Michael Ethen Resolution 21-57 Motion carried 4-0. City Council Minutes Page 2 September 7, 2021 S. Open Forum No one appeared for Open Forum. 6.1 Proclamation: Constitution Week Mayor Dietz read the proclamation. He presented it to Daughters of the American Revolution member Marilyn Schroeder. Moved by Councilmember Wagner and seconded by Councilmember Beyer to proclaim September 17-23, 2021, as Constitution Week. Motion carried 4-0. 7.1 Easement Vacation: Copart of Connecticut, Cascade Industrial Park 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 Beyer and seconded by Councilmember Westgaard to adopt Resolution 21-58 vacating remnant drainage and utility easements within the plat of Cascade Industrial Park Third Addition. Motion carried 4-0. 7.2 Lake Orono Restoration and Enhancement (LORE) Assessment Ms. Erickson presented the staff report. City Attorney Beck stated an objection in writing needs to be turned in at the meeting this evening in order to preserve a right to file a lawsuit, in which notification to the City must be made within 30 days, and filed with the court within 10 days of that. Mayor Dietz opened the public hearing. Mark Person, 13726 189' Ave NW, stated his property does not receive direct benefit. Mike Boelter, 13897 185' Ave NW, stated his property was not assessed previously and he does not live on the lake. He does not feel that his property receives benefit from the assessment. Scott Cundiff, 13742 189' Ave NW, stated his property does not receive a benefit. Mayor Dietz closed the public hearing. FIIFIII I �iIA�JRE City Council Minutes September 7, 2021 Page 3 ----------------------------- Council reviewed that the benefiting properties were determined by previous discussions with the Department of Natural Resources (DNR) and the determination of the boundary of the lake. City Attorney Beck added that the current litigation related to the Orono Lake Improvement District (OLID) was a separate legal administrative issue and unrelated to the LORE project. If the properties are found in the current litigation to not be included in the Orono Lake Improvement District (OLID), the assessment for the LORE project is still valid. Council stated the lakeshore property owners may not have had an assessment if OLID members had not requested additional dredging occur and the overall project cost for the LORE is less than originally anticipated. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to deny the objection of Mark Person to the proposed assessment of the property located at 13726189'' Ave NW on the grounds that the property has been appropriately included in the area to be assessed, the Residential Equivalent Unit assigned to the property is appropriate, and that the property will be benefited by an amount equal to or in excess of the proposed assessment. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to deny the objection of Mike Boelter to the proposed assessment of the property located at 13897 185`s Ave NW on the grounds that the property has been appropriately included in the area to be assessed, the Residential Equivalent Unit assigned to the property is appropriate, and that the property will be benefited by an amount equal to or in excess of the proposed assessment. Motion carried 4-0. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to deny the objection of Scott Cundiff to the proposed assessment of the property located at 13742189' Ave NW on the grounds that the property has been appropriately included in the area to be assessed, the Residential Equivalent Unit assigned to the property is appropriate, and that the property will be benefited by an amount equal to or in excess of the proposed assessment. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 21-59 adopting the assessment roll for the LORE project. Motion carried 4-0. 8.1 Elk River Ministerial Association Donation Mayor Dietz stated that the Elk River Ministerial Association had collected $6,500 for the city to use in whatever way they determined. He asked for Council suggestions on how to designate the donation. NATURE City Council Minutes September 7, 2021 Page 4 Mayor Dietz suggested using the donation for something that would benefit the entire city, such as Elk RiverFest. Councilmember Wagner suggested a long-term fixture such as a bench or a mural at the Furniture and Things Community Events Center. Council determined to continue to think of ideas and wait to designate the funds. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 21-60 to accept a donation from the Elk River Ministerial Association. Motion carried 4-0. 8.2 Lake Orono Improvement District Annual Budget 2022 Mr. Wisner introduced Patrick Plant, Chair of the OLID, who gave information on the OLID budget. Mayor Dietz asked about comments he had heard concerning an excess of aquatic weeds. Mr. Plant clarified that the weeds referenced the influx of aquatic native plants and the amount of undesirable vegetation. He suggested bringing a discussion on undesirable vegetation to a Council work session in the future. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 21-61 approving OLID Resolution 21-012022 OLID Annual Service and Activities Charge Request. Motion carried 4-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. 8.4 Call Closed Meetings Mayor Dietz stated there were two closed meetings. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to call a closed meeting to discuss labor negotiations for the IUOE Local 49 to immediately follow the closed meeting discussing property at Elk River City Hall. Motion carried 4-0. Moved by Councilmember Beyer and seconded by Councilmember Wagner to call a closed meeting to discuss the City's possible purchase of a portion of PID 75-131-3210 to be held immediately following the regular City Council meeting at Elk River City Hall. Motion carried 4-0. V E l t l Iv NAtURE City Council Minutes Page 5 September 7, 2021 ----------------------------- 9. Council Liaison Updates Councilmembers provided updates which are outlined in the respective advisory board's minutes. -------------------------- Council recessed at 8:04 p.m. and reconvened at 8:09 p.m. to go into work session. 10.1 Orono Park Pickleball Courts Mr. Hecker and Mr. Wisner presented the staff report. Tim Wold, SRF Consulting, was in attendance via. Zoom. Council received two potential solutions to the slope and drainage issues on the Orono Park pickleball courts. Mr. Hecker explained that, according to the official pickleball handbook, either drainage design presented were correct. Mayor Dietz asked that the discussion come to Council first instead of the Parks and Recreation Commission since it involves asking the contractor to fix a mistake. Mr. Wisner stated he had received last minute cost estimates of $11,750. Mr. Portner explained there was no available funds in the Active Elk River budget. Council asked why the city was responsible for fixing the problem and not the contractors. Council felt they should get to decide which of the two plans they wanted the contractor to provide to fix the problem. Mr. Wold explained that one of the solutions would require additional grading which would add to the $11,750 estimate. Parks and Recreation Commissioner Dave Anderson, representing the pickleball community, explained that they would prefer south to north drainage. Council felt they had one chance to correctly construct the courts and deferred the discussion to the September 8, 2021, Parks and Recreation Commission meeting and that Mr. Wisner ask SRF and New Look to share the cost of the repair and provide a not -to -exceed maximum amount. Council will continue the discussion at the September 20, 2021, City Council meeting. 10.2 2022 Budget 0 Ms. Ziemer presented the staff report. f®rEI�� �Y A�'URE City Council Minutes September 7, 2021 Page 6 Council agreed to move the crime prevention specialist position to 2021 as a sworn officer. The position will be updated at the September 20, 2021, Council meeting. Mr. Anderson addressed the Council on the issue of buckthorn eradication process. $25,000 was budgeted for buckthorn but he was requesting an additional $50,000 to continue to clear it from Woodland Trails Regional Park. He explained much of the mature was cut down in 2020 and the re -growth should be treated with chemicals, ideally this year, but no later than 2022 or else the progress would be lost. Council asked if a payment of $75,000 in 2022 would solve the problem. Mr. Anderson stated it would not solve the problem and would need to continue each year going forward. Council discussed the possibility of getting goats to graze on the buckthorn trees. Mr. Anderson stated that goats indiscriminately destroy all vegetation and are costly to house and maintain. Previously, buckthorn was maintained by volunteers but became too much of a problem for them to manage. $25,000 was budged in the past for a contractor to harvest the adult trees. Seeds can last underground for 10 years. Council suggested discussing at a later meeting. Mayor Dietz asked about increasing the transfer from the Liquor Fund to the General Fund by $250,000. They asked Ms. Ziemer to research how much money other cities have in their liquor store funds and bring it back to the council. Ms. Ziemer stated the Liquor Fund should have at least one year's operating expenses, approximately $1.5 million, plus debt services and capital expenses. Mayor Dietz stated he doesn't want to see a percentage of 8.3% by the December deadline but can leave it that way for now. Council recessed at 9:31 p.m. and reconvened in a closed meeting to discuss the possible purchase of the PID 75-131-3210 at 9:32 p.m. Council recessed at 9:42 p.m. and reconvened in a closed meeting to discuss negotiation with the IU IE Local 49 Union at 9:42 p.m. Council reconvened at the regular City Council meeting at 10:14 p.m. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:15 p.m. pIIEREI I NATURE City Council Minutes September 7, 2021 Minutes prepared by Katie Porath. Tina Allard, City Clerk U Page 7 rFN"X'T'UW'E 'r