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4.1 DRAFT MINUTES (4 SETS) 06-06-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 2, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Jennifer Wagner, and Matt Westgaard. Councilmember Garrett Christianson via Zoom, but not voting member due to a late COVID exposure and notification requirements could not be met. Members Absent: None Others Present: Attorney Peter Beck Staff Present: City Administrator Calvin Portner, Deputy City Clerk Jolene Richter, Senior Planner Chris Leeseberg, Economic Development Intern Josh Mollan, Furniture and Things Community Event Center Superintendent Tim Dalton 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 6:36 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mr. Portner asked to replace Item 6.1 Introduction: Library Services Coordinator with 6.1 Introduction: Economic Development Intern. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the agenda, as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 Minutes  April 18, 2022, Closed Minutes  April 18, 2022, Regular Minutes  April 20, 2022, Visioning/Goals 4.2 Check register as outlined in the staff report 4.3 Facilities Maintenance Restructuring as outlined in the staff report 4.4 iBackCheck Sport Therapy Lease Agreement 2022-15 City Council Minutes Page 2 May 2, 2022 ----------------------------- 4.5 The promotion and designation of Mark Pistulka to the position of Building Official effective May 3, 2022. 4.6 Termination of Wastewater Disposal Permit for Great River Energy Peaking Plant 4.7 Lease Agreement 2022-16, with Keith Weber to farm former sludge land property owned by the Wastewater Department. 4.8 Resolution 22-23 approving a corrective deed transferring the city’s interest in the two parking lots supporting the property at 413 Proctor Avenue. Motion carried 4-0. 5. Open Forum Brett Collier, 22594 172nd Street NW, Big Lake, expressed concerns regarding voter integrity and the use of electronic voting equipment. Mr. Collier gave sample resolution to the Council for consideration. 6.1 Introduction: Economic Development Intern Mr. Portner introduced Economic Development Intern, Josh Mollan. The Council welcomed Mr. Mollan. 7.1 Annual Stormwater Pollution Prevention Program Update Mr. Sandhoefner presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed the public hearing. 7.2 Daniel Kruger, PID #75-871-0105 a. Land Use Amendment: Single Family Residential to Mixed Residential Neighborhood b. Zone Change: Single Family Residential (R1b) to Residential (R2b) Mr. Leeseberg presented staff report. Mayor Dietz opened the public hearing. Michael Klopping, 18540 Troy Street NW, expressed concern regarding the driveway going past his bedroom windows and having the front of the houses facing his backyard. Tracy Norberg, 18746 Troy Street NW, feels the driveway access should be on th 185 Street, not Troy Street. Mr. Norberg expressed concerns regarding the lot size for the four-plex being too small. City Council Minutes Page 3 May 2, 2022 ----------------------------- Linda Klopping, 18540 Troy Street NW, asked questions regarding driveway placement., which staff answered. Mayor Dietz closed the public hearing. Mayor Dietz asked if the building could be turned so both driveways could come out th on 185 Avenue? th Mr. Leeseberg explained they could not have the driveway come out on 185 because of the Minnesota Department of Transportation’s (MnDot) right of way. Mayor Dietz asked could the whole development be moved to the South to make more room on the North side of the property. Dan Kruger, 18682 Queen Circle, stated there will be two neighbors facing his property so he will install a fence. He was amendable to moving the buildings if it is required. Mayor Dietz clarified the applicant will install a privacy fence. Mr. Kruger stated yes. th Mayor Dietz asked how far the buildings could be moved toward 185 Avenue. Mr. Kruger stated he is working with Landform, and he would move it to the most reasonable location. Councilmember Westgaard asked if the request to rotate the buildings can be accommodated. Mr. Kruger explained the best design to lead to the happiest tenants would be the current four plex design and it does not make much sense to spin it or do another design. Councilmember Westgaard asked Mr. Leeseberg about the Planning Commission’s willingness to change the zoning from residential to mixed residential being that typically they try to go away from spot zones. Mr. Leeseberg explained the Planning Commission didn’t discuss it too in-depth at their last meeting, because it was discussed in the concept review, by both the Planning Commission and City Council and there was non-binding approval for the zoning change. The direction was to move forward with the application. There was discussion regarding the lot size and building guidelines. City Council Minutes Page 4 May 2, 2022 ----------------------------- There was added discussion about adding a fence to the north side as a condition and moving the building to the south as a condition to the amendment. Mr. Kruger agreed to the conditions of moving the building as far south as possible as Landform and the city decides. He will build a 6-foot white vinyl fence. Mr. Kruger agreed the fence will be installed before the certificate of occupancy is issued. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 22-24 amending the Comprehensive Plan to change the land use from traditional single-family residential to mixed residential. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Ordinance No. 22-10 amending the zoning map to rezone certain property from single family residential R1-b to two family residential R2-b with the following conditions: 1. The Land Use Amendment, to Mixed Residential (LU 22-01) shall be approved by the City Council. 2. The existing driveway along the east property line must be improved to city standards consistent with private streets 3. Staff approval of an easement providing perpetual, non exclusive, cross access movement for vehicular and pedestrian traffic over the improved driveway along the east property line. The easement provides access to the four properties north of the subject property. 4. The easement will need to provide that the grantor of the easement will be responsible for the construction, maintenance, and upkeep of the paved access drive across the subject property. 5. This approval shall not become final, and building permits will not be released, until the easement has been recorded. 6. A six foot tall, 100% opaque, fence be installed along the entire northern property line prior to the certificate of occupancy being issued. 7. The building shall be moved as far south as possible, while still meeting dimensional requirements such as driveway setbacks. Motion carried 4-0. 8.1 Goals Update Mr. Portner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the 2022-2023 City Council goals as outlined in the staff report. Motion carried 4-0 City Council Minutes Page 5 May 2, 2022 ----------------------------- 8.2 Zamboni Purchase Mr. Portner presented the staff report. There was a discussion of whether ARPA funds should be used to pay the down payment of $25,000. Mayor Dietz agrees a Zamboni is needed but does not want to use ARPA funds. He would like ARPA funds to be used in a way to help benefit every citizen. He suggested using the GRE Fund. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the purchase of a Zamboni with ARPA funds. Motion carried 3-1. Mayor Dietz opposed. Councilmember Westgaard directed the Multipurpose Facility Advisory Commission to determine lost revenue, as a result of the pandemic. 8.3 Direction for Junior Hockey Team Agreement Mr. Portner presented the staff report. There was discussion that this topic needs to be brought to the Multipurpose Facility Advisory Commission then back to Council. Council clarified the Junior hockey team would not affect current ice users such as youth hockey and the high school teams. Preference will be given to current users first and Junior hockey will mainly use daytime ice. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the Junior Hockey team for a one-year agreement that would not commit the city to any capital investments and the agreement will prioritize the existing users. Motion carried 4-0. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Wagner asked to add a discussion regarding the ARPA funds. 9. Council Liaison Updates Council provided updates of the various advisory boards as noted in the respective board minutes. City Council Minutes Page 6 May 2, 2022 ----------------------------- Mayor Dietz asked about Mr. Portner’s meeting with Republic. Mr. Portner explained why some of the transition issues occurred. It was agreed all calls should go through Elk River Municipal Utilities. The ERMU staff has been phenomenal throughout this whole process. Mayor Dietz asked to withhold payment to SRF and New Look Contracting until the pickleball court situation is resolved. 10. Work Session There was no work session. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:37 p.m. Minutes prepared by Jolene Richter. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 2, 2022 Members Present: Mayor John Dietz, Councilmembers, Mike Beyer and Jennifer Wagner Members Absent: Councilmembers Garrett Christianson and Matt Westgaard Staff Present: City Administrator Calvin Portner, Attorney Peter Beck, Economic Development Directory Brent O’Neil (via Zoom), Economic Development Intern Josh Mollan, and Deputy Clerk Jolene Richter Others Present: Appraiser Michael Sedley 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 8:45 p.m. by Mayor Dietz. 2. Closed Meeting The mayor stated the purpose of the meeting was to review confidential appraisal data of property known as PID #75-915-0020 pursuant to MN Statute, Section 13D.05, Subdivision 3(C). 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:05 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 2, 2022 Members Present: Mayor John Dietz, Councilmembers, Mike Beyer and Jennifer Wagner Members Absent: Councilmembers Garrett Christianson and Matt Westgaard Staff Present: City Administrator Calvin Portner, Attorney Peter Beck, Economic Development Directory Brent O’Neil (via Zoom), Economic Development Intern Josh Mollan, and Deputy Clerk Jolene Richter 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 9:05 p.m. by Mayor Dietz. 2. Closed Meeting The mayor stated the purpose of the meeting was to review offers and discuss counteroffers property known as PID #75-915-0020 pursuant to MN Statute, Section 13D.05, Subdivision 3(C). 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:29 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 16, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Mike Beyer Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, City Attorney Peter Beck, and City Clerk Tina Allard 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 6:29 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added Item 4.10 regarding a temporary liquor license for the American Legion Post 112. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 Check register as outlined in the staff report. 4.2 Pay estimates as outlined in the staff report. 4.3 Resolution 22-25 entering agreement 22-17 a Master Partnership Contract with the Minnesota Department of Transportation. 4.4 Change orders for Active Elk River Orono Park project. 4.5 Allowing iBackCheck, LLC to sublease space at the Furniture and Things Community Event Center to Two Brothers Hockey, LLC. 4.6 Reject single bid received from Palmer-West Construction, Inc. in the total amount of $1,034,000 for the reroof of City Hall and Northbound Liquor. 4.7 Agreement 22-18 with Resource Environmental Solutions, LLC for the combined amount of $48,065 to stabilize eroded shoreline in Bailey Point Nature Preserve and a swale adjacent to 1 Morton Avenue. City Council Minutes Page 2 May 16, 2022 ----------------------------- 4.8 Hiring Joel Boutin as Plumbing and Mechanical Inspector effective May 17, 2022. 4.9 Change Order #1 for 2022 Street Improvement Project. 4.10 Temporary On-Sale Liquor License to Davis-Darrow-Meyer American Legion Post 112 for an event scheduled June 11, 2022, with the condition alcohol must be limited to an area enclosed by a fence with secure, controlled access. Wrist band control is required. Motion carried 4-0. 5. Open Forum No one appeared for Open Forum. 6.1 Introduction of New Librarian Library Services Coordinator Lori Lundstrom introduced herself. She discussed summer programs. She stated her goal is to bring library numbers up to what they were pre-covid pandemic. Council welcomed Ms. Lundstrom. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the May Volunteer of the Month award to Larry Collins. He highlighted the following:  Leads Exercise in the Fieldhouse and Fit and Friends classes at the senior activity center.  Leader of Walk in the Park group.  Volunteered as a scout master, roller hockey vice president, and leader of a hiker group. 6.3 Proclaim Bob Ruprecht Day Mr. Portner provided background on Mr. Ruprecht’s employment with the city. Mr. Ruprecht stated it was a pleasure to work for the city with some difficult times dealing with code compliance issues. Mayor Dietz read and presented a plaque to Mr. Ruprecht. Moved by Councilmember Wagner and seconded by Councilmember Christianson to proclaim August 6, 2022, as Bob Ruprecht Day in the City of Elk River. Motion carried 4-0. City Council Minutes Page 3 May 16, 2022 ----------------------------- 6.4 Proclaim Denny Anderson Day Mr. Ruprecht provided background on Mr. Anderson’s employment with the city. Mayor Dietz read and presented a plaque to Mr. Anderson. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to proclaim June 12, 2022, as Denny Anderson Day in the City of Elk River. Motion carried 4-0. 6.5 Introduction and Interview Candidates for Energy City Commission Council interviewed candidates for the Energy City Commission. 7.1 Amendment to Conditional Use Permit: Add Auto Repair to a Used st Auto Dealer, 10908 171 Avenue 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 Westgaard and seconded by Councilmember Christianson to approve Conditional Use Permit, Case No. CU 22-10 with the following conditions to satisfy standards set forth in Section 30-654: 1. The city’s building official and fire marshal shall inspect the building for compliance with all state and local building codes. 2. No more than five “for sale” vehicles can be on site at one time. 3. The five “for sale” parking stalls shall be marked with signage. 4. Auto repair shall not be allowed outside the building. 5. A banner sign can only be utilized for 90 days through the city’s temporary sign permit process. Motion carried 4-0. 7.2 Extreme Motor Park (ERX), 21591 Highway 169 a) Platted Exemption: Aggregate Commercial Sixth Addition b) Easement Vacation c) Conditional Use Permit: Expand a Track, Construct Roof Viewing Area, and Install Changeable Copy Sign Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing for Items 7.2(b), Easement Vacation, and Item 7.2(c), Conditional Use Permit. City Council Minutes Page 4 May 16, 2022 ----------------------------- Heidi Goodin, 22953 Makah Street, St. Francis, ERX business manager – Stated they currently can’t afford to construct the road and need time to study the impacts to their business. She stated the nature of their business generates noise and asked people to call her when issues arise. She requested an alternative solution to the Special Event Permit process because it takes time and can cost additional fees for the five times a year they want to extend their hours beyond 11:00 p.m. She stated they have no intention to install the changeable copy sign anytime soon and the location may change so this item may have to be revisited. She would be okay removing their request to extend the hours to midnight if an alternative solution can be reached for notification versus the Special Event Permit process. Lora Wynn, 21587 Brook Road – Submitted a petition and stated she is upset with the noise and partying and wants to know the consequences for violating the rules. She stated machines run from early morning until after midnight. She is opposed to moving ERX access from Highway 169 to Brook Road. She asked that the shoulder on Highway 169 be extended (acceleration lanes) so vehicles exiting ERX could merge on the highway. She requested a sound study. She would rather report issues to the city, so complaints are documented. She requested a copy of the schedule of hours and special events for ERX. Alesha Kuhlmann, 22238 Johnson Street – Stated she is opposed to the extension of hours due to the noise created by ERX and to changing ERX access to Brook Road. She expressed concerns about noise, traffic, and safety. She is okay with the extension of the track and does appreciate what ERX does but feels they need to work together with the neighbors on the noise issues. Ashley Welsch, 22271 Monroe Street – Stated she loves ERX but is opposed to the extended hours and moving their access to Brook Road due to noise, drunk drivers, and other safety concerns. She noted the road is curvy, has no shoulders and is not safe for walking. She stated she can get used to some noise but hates the disrespect of the revving from the snowmobiles and the ATV’s. She stated her windows face ERX and it takes three sound machines to block out noise. Stephanie Menning, Executive Director Minnesota Utility Contractor Association – Supports ERX’s request because they are a good community contributor. Frederica Schuur, 21800 Brook Road – Expressed complaints about noise. She stated she could tolerate a few events a year, but it’s noisy every weekend from Thursday through Sunday. Norman Lemmon, 11216 Brook Road – Stated he is opposed to the extension of hours due to the noise created by ERX and is opposed to changing their access to Brook Road due to dust, shining headlights, and squealing tires. Rick Haugland, 21475, 21372, 21491 Highway 169 – Stated noise is not an issue and noted a proposed service road discussed by the city previously should be considered. City Council Minutes Page 5 May 16, 2022 ----------------------------- Jim Schroer, 11355 207th Avenue – Stated he lives half-mile from the track and has no issues with them. He further noted he is related via a family marriage. He stated ERX does a lot of community good. Dave Solors, 21538 Brook Road- Expressed concerns with the type of events and vehicles because they are continually getting larger and louder. He stated ERX staff can go home when they are done, but the neighbors can’t. He is opposed to the daily and late-night noise because there is no break from it. He expressed concerns with selling his property for a fair price and feels his property has been devalued. Alan Skogquist, 16501 Jarvis Street, Ramsey – Stated ERX has been a positive experience for his kids comparing it to other sports activities for other families. She stated there hasn’t been noise after 8:30 pm. Carl Svitzky\[sic\], Bloomington – Stated he is a promotor and puts on two events annually at ERX. He discussed decibel levels and his efforts to minimize them. He stated noise is an issue and always will be for this type of facility. He stated ERX is a good place for kids and families and the city should focus on the positives they promote. Rick Wynn, 21587 Brook Road – Noted most people speaking in support of ERX tonight don’t live in Elk River. He stated the noise must be cut back, noting the speaker system is loud. Alesha Kuhlmann, 22238 Johnson Street – Stated she supports ERX and appreciates what they do but they need to be more considerate of the noise issues. She is opposed to the extended hours. Taven Woodie, 22281 Highway 169, (Woodies Towing and Transport) Milaca – Stated people who attend ERX are having fun and she wishes neighbors could see what she sees, with the hard work and benefits. She stated she is at the track daily for snocross. Dale Cazett, 11452 Brook Road – Expressed concern with the proposed ERX access to Brook Road and how it will affect his adjacent property citing traffic and noise. Dave Solors, 21538 Brook Road – Stated some vehicles are much quieter when they have factory exhaust and suggested they be required. John Hanson, 11412 Brook Road – Stated the noise isn’t too bad except when certain vehicles are operating. He is opposed to changing the access to Brook Road citing the safety of the curviness of the road. Lora Wynn, 21587 Brook Road – Questioned what future is planned by ERX for their recent purchase of the Lemmon property (11369 Brook Road). City Council Minutes Page 6 May 16, 2022 ----------------------------- Mr. Leeseberg stated the parcel is not currently zoned for motor cross racing and not part of the application under consideration this evening. Kimberly Woodie, 22281 Highway 169, (Woodies Towing and Transport) Milaca Stated the track makes noise but brings racing families together. She stated the noise ends at night due to no lighting being available. Carol Staples, 11337 Brook Road – Stated her property is surrounded by ERX and there are good and bad things about ERX and much of it is about being respectful. She stated the noise doesn’t bother her, but she is opposed to the access being moved to Brook Road. She expressed concerns with property values. Todd Roskaft, 22068 Brook Road – Stated he is opposed to the Brook Road access due to extra traffic and noise. He also questioned plans for the Lemmon property (11369 Brook Road). He further thought there were plans for a service road for County Road 121. Mr. Leeseberg stated there were conceptual plans when developing the Gravel Mining Area Land Use, Transportation, and Utility Plan which identified a corridor through ERX property. He stated there might be some issues with a frontage road due to topography. Mayor Dietz closed the public hearing. Mayor Dietz stated he understands why there is opposition to changing ERX access onto Brook Road. He stated the city should begin collaborating with MnDOT regarding transportation in the area. He stated the greatest issue is communication between neighbors and ERX which needs to be more proactive. He suggested the neighbors create a small group who can meet regularly and discuss issues. He agrees there will be noise with this type of facility, but everyone needs to work together to help mitigate the concerns. Councilmember Westgaard stated he has challenges with ERX’s request noting noise is becoming a larger issue with their growth and solutions are needed to mitigate it, such as a noise study. He can understand ERX wanting the neighbors to reach out to them first, but his own family has tried without response, along with many of the other neighbors who have reached out to him. He stated it’s challenging to approve the permit when there are issues such as trespassing and machines running back and forth on Brook Road. He stated after attempting to initiate conversations with ERX after one of their large events, which was operating outside the conditions of their permit, he received an email from Ms. Goodin expressing how flabbergasted she was that people were questioning the event and that they didn’t appreciate what ERX does for the community and how much economic impact is brought into the city. He stated ERX was acting way outside their allowable operations. He made many attempts to find an amicable solution noting issues such as the camping event last summer when four-wheelers were operating at 2:00 a.m. and neighbors were upset City Council Minutes Page 7 May 16, 2022 ----------------------------- and the torque track practices occurring outside permitted hours of operation. He is okay with some of the items request as they have no effect on the issues raised. He is opposed to the access being changed to Brook Road noting more analysis is needed for the long-term transportation planning of the area. He doesn’t want to move the safety concerns from Highway 169 to creating other safety concerns on Brook Road. He has a hard time supporting the conditional use permit until issues are addressed. Councilmember Wagner stated Brook Road access should be reviewed further but noted MnDOT is the decisionmaker regarding highway access. She stated an alternative process could be worked for the special event extended hours notification if no other changes are requested. She stated the city has always supported ERX and recognized their benefit to the community and everyone needs be good neighbors and have respect with each other. She stated the conditional use permit should be vetted more. Councilmember Christianson stated communication is better proactive versus reactive and felt it was premature to require ERX to use Brook Road. He is opposed to extending the hours. Councilmember Westgaard said he can’t support the conditional use permit request until issues discussed tonight are addressed. He further noted the city could make recommendations regarding Highway 169 and Brook Road (county road) access but have no final authority over them. 7.2(a) Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt Resolution 22-26 granting plat approval for Aggregate Commercial Sixth Addition, Case No. PE 22-01. Motion carried 4-0. 7.2(b) Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt Resolution 22-27 granting a petition to vacate a drainage and utility easement for Case No. EV 22-01, with the conditions 1. The resolution will not be released for recording until all conditions of approval for PE 22-01 have been satisfied 2. The resolution vacating the easements shall be recorded immediately prior to the recording of the platted exemption (PE 22-01). Motion carried 4-0. Mayor Dietz concurred with Councilmember Westgaard’s comments. Mr. Beck explained various options the Council could consider for motions noting clear documentation and direction is needed for staff. Mr. Leeseberg asked for clarification on Council expectations for the noise study, such as how far away readings should be taken, how often, and over what timeframe. City Council Minutes Page 8 May 16, 2022 ----------------------------- Mr. Beck stated the Minnesota Pollution Control Agency sets some standards and the consultant would recommend areas where improvement could be made, such as berming. 7.2(c) Moved by Mayor Dietz and seconded by Councilmember Westgaard to continue Item 7.2(c) regarding Extreme Motor Park, Conditional Use Permit, Case No. CU 22-09, to the July 5, 2022, City Council meeting. Motion carries 4-0. 7.3 Easement Vacation: Vacate Right-of-Way Between Properties at 18890 and 18920 Concord Street Mr. Leeseberg indicated the applicant agreed to have their item continued due to a conflict that had arisen. He asked the council to open the public hearing, take comments, and continue the public hearing until June 6, 2022. Mayor Dietz opened the public hearing. Lavina Hoselton, 12964 Meadowvale Road – Stated she is opposed to vacating the easement because people use it to access Lake Orono. She stated the buildings encroaching on the easement make the property feel private and it’s intimidating to walk past them to access the water. She stated other neighbors were against vacating the easement as well but were hesitant to speak out and cause bad relationships with the adjacent property owners. She further noted some neighbors didn’t care. nd Ken Madsen 1931 2 Street – Stated he’s opposed to vacating the easement and the city needs to keep the access to the lake because there are not many of them left. He stated it currently looks like private property due to changes made on the land and some of the neighborhood doesn’t realize it’s public. Mary Duitsman, 18890 Albany Street – Stated she is frustrated with the lack of amenities in the neighborhood and would like to keep this lake access as a community resource and is opposed to vacating the easement. Dave Anderson, 14845 County Road 30 – Stated he is opposed to vacating the easement, highlighting some of the unique features to the lake. Councilmember Christianson stated the easement should be kept because the city needs to keep access in case of issues, such as a dam failure. Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 22-28 denying a petition to vacate a public street, Case No. EV 22-02. Motion carried 4-0. City Council Minutes Page 9 May 16, 2022 ----------------------------- Mayor Dietz asked staff to send a letter to the adjacent property owner to remove encroachments from city property. Councilmember Christianson asked if a compromise could be reached. Mr. Beck explained instances where the city has done licensing agreements. Mayor Dietz suggested the owner come to a future meeting to justify why he needs to keep the encroachments. 7.4 Ordinance Amendment: Keeping of Chickens, City of Elk River 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 Westgaard and seconded by Councilmember Wagner to adopt Ordinance No. 22-11 amending Chapter 30, Section 30-803, Animals of the City of Elk River, Minnesota, City Code. Motion carried 4-0. 7.5 Ordinance Amendment: Placement of Dumpsters, City of Elk River 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 Westgaard and seconded by Councilmember Wagner to adopt Ordinance No. 22-12 amending Chapter 46, Section 46-34, Nuisances, of the City of Elk River, Minnesota, City Code. Motion carried 4- 0. 8.1 Street Light Policy and Utility Pole Agreement Mr. Portner presented the staff report. Councilmember Wagner stated she appreciated the time and effort put into the policy. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve Agreement 22-19 Street Light Installation and Maintenance Agreement between City of Elk River and Elk River Municipal Utilities. Motion carried 4-0. City Council Minutes Page 10 May 16, 2022 ----------------------------- 9.1 Branding Goal Ms. Allard presented the staff report. Council consensus was not to pursue a city rebranding currently. Councilmember Wagner stated she’d like to see a refresh of colors and fonts. 9.2 Advisory Board Appointments Council discussed the interviews and appointment. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Reggie Vanlonden to the Energy City Commission as the Elk River Area Chamber of Commerce designated representative with a term to expire February 29, 2024. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to appoint Jon Cappaert to the Energy City Commission as an energy-related business representative with a term to expire February 28, 2025. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:26 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk