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08-15-2022 CCMOty Elk River Members Present: Members Absent: Staff Present: Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 15, 2022 Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner via Zoom None City Administrator Calvin Portner, Fire Chief Mark Dickinson, Assistant Fire Chief of Operations Mark Wandersee, Community Operations and Development Director & Planning Manager Zack Carlton, Parks and Recreation Director Michael Hecker, Parks and Recreation Special Events Coordinator Karen Wingard, and Deputy City Clerk Jolene Richter I . Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:01 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve: 4.1 Minutes ■ August 1, 2022, Regular Minutes k August 8, 2022, Special Budget Minutes 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Ordinance Amendment 22-18 and Ordinance Amendment 22-19: Impoundment of Vehicles and Parking in Municipal Parking Lots. 4.5 Temporary On -Sale Liquor License: Church of St. Andrew. 4.6 Highway 169 Force Main Valve Installation. 4.7 Development Agreement: Villas at Fillmore. 0 Motion carried 5-0. City Council Minutes Page 2 August 15, 2022 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the August Volunteer of the Month award to Marlys Bolin. She was recognized for the following: Works with second graders at Twin Lakes Elementary School through the Foster Grandparent program, assisting with spelling, sight reading and math. She does this most days of the school year. Past activities include Boy Scouts, Girls Scouts, Christian Women's Club, Health and Wellness in Sherburne County, TOPS, and Church activities. 7.1 Conditional Use Permit: Private Kennel, 19054 Waco Street, Kevin Armstrong 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 Councilmernber Christianson and seconded by Councilmember Beyer 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 private kennel license from the city. 2. No more than six (6) animal units shall be outdoors at once. 3. The number of animal units shall not exceed eight (8). 4. The removal of animal waste shall comply with Section 10-5. 5. Feces be cleaned from the property twice weekly. 6. No more than two (2) animals per supervisor shall be allowed when dogs are off -site. 7. All dog waste shall be cleaned up immediately when dogs are off -site. 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. Motion carried 5-0. 7.2 Administrative Subdivision by Simple Plat: Beaudry Elk River Addition Mr. Carlton presented the staff report. P 0 V E R E I I r NATURE u City Council Minutes August 15, 2022 Page 3 Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to the September 6, 2022, City Council meeting. Moved by Councilmember Beyer and seconded by Councilmember Christianson to continue Item 7.2 regarding the Administrative Subdivision by Simple Plat: Beaudry Elk River Addition to the September 6, 2022, City Council meeting. Motion carried 5-0. 8.1 Final Plat: Pullar Prairie Mr. Carlton presented the staff report. Moved by Councihnember Westgaard and seconded by Councilmember Christianson to approve Resolution 22-45 approving the Final Plat of Pullar Prairie with the following conditions: 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Park dedication be paid for the final number of dwelling units, at the applicable rate when the subdivision is released for recording. 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the city engineer must be secured. 5. Development Plan shall be approved by the city engineer prior to issuance of building permits. 6. Staff approval of all updated site and engineering plans. 7. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve the Development Agreement for Pullar Prairie. Motion carried 5-0. 8.2 Fire Department Ladder Truck Purchase Assistant Fire Chief Wandersee presented the staff report. Mayor Dietz asked if the council agrees to pay the deposit by November 1, then are we locked into the price with no increase. rp0 V E R E 0 0 l NATURE City Council Minutes August 15, 2022 Page 4 Assistant Fire Chief Wandersee clarified if the specs are complete, and the agreement is signed by November 1 there would be no increase in price. Council agreed on the need for the new truck and discussed if they do not decide now there will be an increase in cost. Moved by Councilmember Beyer and seconded by Councilmember Christianson for staff to start the design process with Macqueen Equipment for a new replacement aerial firetruck to be purchased for the Fire Department. Motion carried 5-0. Council recess at 6:24 p.m. and reconvened in work session at 6:26 p.m. 9.1 Hemp THC Product Sale Moratorium Police Chief Nierenhausen presented the staff report. Mayor Dietz asked if the hope of the moratorium was to buy time that the legislature will pass something next year and/or the League of Minnesota Cities will come up with a plan for how cities should address this issue. Police Chief Nierenhausen answered yes and to give us more time to get clarification how to address the issue. He also stated his concern how the city will be conducting the checks and balances on selling these products to underage. Attorney Beck added that the Police Chief s recommendation is what most cities are doing and stated we can do a year moratorium to wait and see what legislative does or we do a shorter moratorium and develop our own licensing ordinance. He continued to say the recommendation from Campbell Knutson would be to work it into our tobacco licensing framework, so that we can identify licensees and monitor compliance. Council discussed putting the moratorium in place and what would come next. Marie Hagen and Justin Perviti with Sacred Leaf CBD located downtown Elk River were in attendance. Their biggest issues with the moratorium are that it would put a stop on the selling of other products they currently sell, and business would go elsewhere hurting their business. There was discussion the difference is between CBD and THC products and what businesses would still be able to sell or not if there was a moratorium in place. Council suggested to bring this topic back to the September 6, 2022, Regular Council meeting and directed Police Chief Nierenhausen to check with other Police Chiefs around the area how they are handling the topic, Mr. Portner to check with P I■ E R I I I r NATURE City Council Minutes August 15, 2022 Page 5 neighboring cities regarding their discussions of this topic, and Attorney Beck to have a draft moratorium available for Council consideration. 9.2 Elk RiverFest Debrief Ms. Wingard presented the staff report. Mayor Dietz stated Ms. Wingard and staff did a great job. He added that it would be a great idea to move it to Orono Park and utilize the amenities of that park. Mayor Dietz explained he received a lot of complaints that Main Street was completely closed off for Sips on Main and that there was not an area for other attendees to watch the band without being part of Sips on Main. He asked if we could rework the layout so others could attend without participating in the Sips on Main. Council discussed the layout of the event in the downtown location. Councilmember Westgaard questioned if there would there be sufficient parking if the daytime event was at Orono Park. Ms. Wingard explained that they would most likely need to utilize the fairgrounds, there is the option of the YMCA, or they could look at a shuttle service from the Government Center, there is City Hall parking and street parking. She continued explaining they would block off the Dave Anderson Athletic Complex, so no other events could take place in the area. Council consensus was to hold next year's Elk River Fest on July 29, 2023, and to utilize Orono Park for the daytime activities. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:15 p.m. Minutes prepared by Jolene Richter Jr 1 n J. iet , Mayor --�/ (f Tina Allard, City Clerk 0 V 1 0 1 1 8 t INATURE