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4.1 DRAFT MINUTES (3 SETS) 06-20-2022City of Elk -�-� RiVer Members Present: Members Absent: Mayor John Dietz, Councilmembers Garrett Christianson, l��ike Beyer, and Jennifer Wagner Matt Westgaard (due to conflict of inteYest) Staff Present Cit�T Administrator Calvin Pormer, Communit�- Development Director Zack Carlton, Economic Development Director Brent O'Neil, Economic Development Intern Josh Mollan, and Records Specialist Katie Porath I. Call Meeting to Order 2. 3. Pursuant to due call and notice thereof, the meeting of the Elk River City Council �vas called to order at 6:24 p.m. byT Ma�Tor Dietz. Closed Meeting — MN Statute Section I 3D.05, Subd. 3 The purpose of the meeting was to consider offeYs for the purchase of Yeal propertyr PID #75-915-0020. Adjournment TheYe being no fuYther business, Ma��or Dietz adjouYned the meeting of the Elk RiveY Cit�r Council at 6:31 p.m. Minutes prepared b�� Katie Porath. �� John J. Dietz, MayroY Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, June 6, 2022 Tina Allard, Cit�T Clerk City of Elk -�-� RiVer Members Present: Members Absent: Mayor John Dietz, Councilmembers Garrett Christianson, l��ike Beyer, Matt Westgaard, and Jennifer Wagner None Staff Present Cit�T Administrator Calvin Pormer I. Call Meeting to Order 2. 3. �" Pursuant to due call and notice theYeof, the meeting of the Elk River Cityr Council �vas called to order at 9:05 p.m. byT MayTor Dietz. Closed Meeting - MN Statute Section I 3D.05, Subd. 3(a) The purpose of the meeting was to discuss the �vork performance of City Admitustrator Cal Portner. Adjournment There being no fuYther business,1�1a�ror Dietz adjourried the meeting of the Elk River CityT Council at 9:54 p.m. Minutes pYepaYed b�� Katie Porath. k� John J. Dietz, Mayror Tina rlllard, Cit�� Clerk Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, June 6, 2022 ■ City of Elk -�-� RiVer Members Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, June 6, 2022 Mayor John Dietz, Councilmembers Garrett Christianson, l��ike Beyer, Matt Westgaard, and Jennifer Wagner None Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck (via Zoom), Fire Chief Mark Dickinson, Building Official Mark Pistulka, Plumbing and Mechanical InspectoY Joel Boutin, Building Maintenance SupervisoY Garyr Lore, Senior Planner Chris LeesebeYg, Custodian Bill Creger, Finance Director Lori Ziemer, r�ssistant Finance Director Lori Stich, Multipurpose Facility Superintendent Tim Dalton, Communit�� Development Director Zack Carlton, and RecoYds Specialist Katie Porath I. Call Meeting to Order PuYsuant to due call and notice thereof, the meeting of the Elk River City Council was called to ordeY at 6:37 p.m. b�r l�Za�ror Dietz. � 2. Pledge of Allegiance Pledge of Allegiance ��as recited. 3. Consider Agenda - Ma��or Dietz asked that Item 4.13 be moved afteY Item 6.4 on the agenda and added Item 4.15 Final Plat and Development Agreement Update: BYoadway on 10 to the consent agenda. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda, as amended. Motion carried 5-0. 4. Consent Agenda 1VLr. PoYtner clarified that Item 4.12 on the agenda included a watershed study contracted through Bolton and Menk to examine local flooding. Results of the study would be shaYed at a future meeting. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve: 4.1 Minutes ■ May 2, 2022, Regular Cit�r Council Minutes June 6, 2022 5. 6.1 6.3 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 Page 2 ■ May 2, 2022, Closed Appraisal Data ■ May 2, 2022, Closed Offers ■ May 16, 2022, Regular Check register as outlined in the staff report. Ordinance Amendment: Assign New Street Address for PID #75-503- 0490. Temporary On-Sale Liquor License: American Legion Post 112. 2022 Mineral Excavation License Renewals. On-Sale 3.2 and Consumption and Display Licenses: Pinewood Golf Club. 2022-2023 Liquor License Renewals. Resolution Authorizing Transfer from Liquor Fund to Park Improvement Fund. Planned Unit Development: Evergreen Townhomes PUD. Final Plat & Development Agreement: Miske Meadows Eighth Addition. Accept Proposal for the Construction of 13 Lights along the Highway 10 Trail. Morton Avenue Professional Service Agreement. Move on agenda following Item 6.4. Hire Part-time Community Service Offcer. Final Plat and Development Agreement Update: Broadway on 10. Motion carried 5-0. _ Open Forum No one appeared for Open Forum. ������ Introduction of New Employees 1VLr. Lore introduced Bill Creger, Custodian. Mr. Carlton introduced Mark Pistulka in his new role as Building Official. i�Ir. Pistulka introduced Joel Boutin, Plumbing and Mechanical Inspector. Council welcomed the new employees. Recognize Terry Elliot for 30 Years of Service Fire Chief Dickinson commended TeYryr Elliot foY his 30 yreaYs of service to the fire department. Mayor Dietz pYesented a plaque. rowEREo er ���V�� Cit�r Council Minutes June 6, 2022 6.2 Proclamation: Owen DeCathelineau Day Fire Chief Dickinson thanked Owen DeCathelineau for his service to the fire department. Mayor Dietz pYesented a plaque. Page 3 Moved by Councilmember Christianson and seconded by Councilmember Wagner to approve a proclamation designating June 17, 2022, as Owen DeCathelineau Day. Motion carried 5-0. 6.4 Annual Comprehensive Financial Report for the Year Ended December 31, 2021 Ms. Ziemer introduced Andy Grice, audit partner with BerganKDV, who gave the cityr a"clean or unmodified opinion" on the 2021 audit. MayroY Dietz asked about the $11 million in expenses listed undeY culture and recYeation. 1�1s. Ziemer clarified that amount was part of the Acrive E1k RiveY pYojects conducted in 2021. Mayor Dietz asked about city investments. Ms. ZiemeY responded the investment amount shown includes Elk RiveY Municipal Utilities. Investments are in municipal bonds purchased from otheY municipalities thYoughout the countr��. Any mone�� that the city is not using is being invested at an average of 2.5%. Ma�ror Dietz asked about the budget foY pavement pYojects as theYe are none planned for 2022. NLr. PortneY explained, in the late 1990s and early 2000s, the city gYowth Yesulted in man�r new streets that will all be coming up foY renewal aYound the same time. TheYefore, the mone�r budgeted will help foY the larger amount of improvements needed in the future. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to accept the Annual Comprehensive Financial Report for the City of Elk River for the year ended December 31, 2021. Motion carried 5-0. 4.13 Furniture and Things Community Event Center Branding MayTor Dietz stated he disagreed `vith the Branding Task Force of the Multipurpose FacilityT Advisory Commission selections on branding elements. He felt that all hockey items, except for those Yelated to Hockey Day MN, should be contained rowEREo er ���V�� Cit�r Council Minutes June 6, 2022 `vithin the rinks and not be in anyT other part of the Furniture and Things Communityr Event Center to YepYesent that the facility was for moYe than just hockeyT. Page 4 Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve select elements of the Faciliry Ice User Group's Branding Proposal for the Furniture and Things Community Event Center, as approved by the Branding Task Force and the Multipurpose Facility Advisory Commission. Motion carried 4-1. Mayor Dietz opposed. 7. Public Hearings �� There were no public hearings. � 8. I Easement Vacation: Right-of-Way on Lake Orono between Properties at I 8890 and 18920 Concord Street Mr. LeesebeYg pYesented the staff report He stated if the council wishes to Yeconsider the applicants request, a Public Hearing would be held at the August 15, 2022, Council meeting. Council was in suppoYt of hearing the applicants request and agYeed to a public hearing. Moved by Councilmember Christianson and seconded by Councilmember Beyer to direct staff to publish notice of a second public hearing at the August 15, 2022, City Council meeting. Motion carried 5-0. 8.2 Discuss Work Session Items There «�ere no additions or changes to work session items. 9. Council Liaison Updates Council provided updates of the various advisor�T boards as noted in the respective board minutes. Councilmember Be�Ter stated the Planning Commission had received information on a condo concept review at 13211, 13241, 13161 US Highway 10 and he would like to have a Council `vork session regarding it. Council recessed at 7:38 p.m. and reconvened in �vork session at 7:43 p.m. I 0.1 ERX Motor Park Operations Mr. Leeseberg presented the staff report. The request at the MayT 16, 2022, council meeting included extended hours, constructing two roofed viewing structures, and r�w€REo er ���V�� Cit�r Council Minutes June 6, 2022 installing a changeable copy sign. At the May meeting, council requested ERX conduct a sound studyT. Page 5 Heidi Goodin, representing ERX, was present at the meeting. She asked the council for clarification on standards for a sound studyT including locations the studyT should be conducted, volume, and penalties for violating the noise requirements. Council discussed options for reducing noise including setting standards for noise mitigation based on expansion, noise barriers, or reduced hours. CouncilmembeY Westgaard stated that it seems that all noise in that aYea gets attributed to ERX even if it is conducted on a nearb�- propertt-. Ms. Goodin stated ERX is in a financial crisis and needs the additional revenue that the new viewing structuYe would have provided. She stated there is a chance theyr would have to sell the site as they aYe not making the revenue the�� need. She stated that conducting a noise study would be cost prohibitive but that she did not want to pull the Conditional Use PeYmit application because conditions ma�r change in the future. Council asked if theYe weYe certain events that caused moYe noise and noise complaints than others. Ms. Goodin stated there are five event da�rs each �re� that geneYate most noise complaints. She agreed that ERX wants to work with the neighboYs to find a solution. One plan is to increase the amount of notifications to neighboYs of upcoming events. Council asked about including neighbors in discussions with ERX. Council asked if staff could reseaYch what otheY Yacetracks in Minnesota have for noise standards to determine noise standaYds foY Yacetracks located in Elk River. The city currently has a noise ordinance in place for industrial areas. Council felt it would be better to hire a pYofessional to conduct a noise study YatheY than do it in house. iVLr. CaYlton stated that the current conditional use permit application would expire within 120 days and the applicant would need to extend the deadline in writing. Discussion on noise standards could be brought to a future work session. 9,000 footsetl�ack Ms. Goodin bYought up a request to change the requirements for a 1,000-foot setback from ATV trails as required in Section 74-157 of the cityT code. This ordinance requirement applies to all tracks. Council discussed the impact on ERX and neighboring properties. Conditional Use Permits are in place to protect neighboring properties. rowEREo er ���V�� Cit�r Council iVlinutes Page 6 June 6, 2022 I I. Performance Evaluation MayTor Dietz read the statement on the agenda regarding a closed meeting. The council met puYsuant to MN Statute 13D.05, Subdivision 3(a). The purpose of the closed meeting was to discuss the work performance of CityT Administrator Cal Portner. 12. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River CityT Council at 9:02 p.m. Minutes prepared by Katie Porath. John J. Dietz, MayoY Tin; PONEREO er ������