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4.1 DRAFT MINUTES (1 SET) 09-19-2022City of Elk -�-, RiVer Members Present: Members Absent: Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, September 6, 2022 Mayor John Dietz, Councilmembers Garrett Christianson, l��ike Beyer, Matt Westgaard, and Jennifer Wagner None Staff Present Cit�T Administrator Calvin Pormer, Cit�- Attorne�- Peter Beck, Finance Director Lori Ziemer, Senior Planner Chris Leeseberg, Economic Development Director Brent O'Neil, Police Chief Ron Nierenhausen, and Records Specialist Katie Porath I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Cit�r Council �vas called to order at 6:37 p.m. byT Ma�Tor Dietz. 2. Pledge of Allegiance Pledge of rlllegiance was Yecited. 3. 4. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda. Motion carried 5-0. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 August 15, 2022, Regular Meeting Minutes. August 29, 2022, Special Budget Minutes. 4.2 Check register as outlined in the staff report. 4.3 Hire Facilities Maintenance Technician. 4.4 Hire Senior Communications Coordinator. 4.5 Purchase of Crafco SS250 Crack Seal Melter. 4.6 Accept Donation to Fire Department. 4.7 Plat Extension. 4.8 Hire Assistant Faciliry Supervisor. Motion carried 5-0. 5. Open Forum Cit�r Council Minutes September 6, 2022 No one appeared for Open Forum. 6. Presentations, Awards, and Recognition There `vere no presentations, awards, or recognition. 7. I William Zacharda and Virginia Bloomdahl - I 3569 Ranch Road ■ Easement Vacation ■ Platted Exemption: Zachardas Acres Mr. Leeseberg pYesented the staff report. �� MayTor Dietz opened the public hearing. -- Page 2 Lee Whiting, 13463 Ranch Rd, stated that drivewa�Ts 10 feet from each other are too close and causes snow storage issues. He requested that traffic be routed through the development and the driveway be removed. Ma�Tor Dietz closed the public hearing. MayoY Dietz asked about snow storage. iVlr. Leeseberg stated theYe was limited options since it was a count�r road. Councilmember Westgaard asked if the drivewa�� could be pushed west to allow moYe space bet��een drivewayrs. iVlr. LeesebeYg stated past plans may have included connecting the road to future development bringing traffic south to County Road 33 and not west. The current road is for the homeowneY to the north and emeYgency vehicles. Councilmember �X�estgaard stated he was suYprised the countyr was agYeeable to two access points on a count�r road so close togetheY. Ma��or Dietz asked about past issues with "flag lots" in the cityr. Cit�r Attorney Beck stated the cit�� has an ordinance limiting flag lots. The curYent lot is landlocked which is also non-conforming. A flag lot would make the situation better in teYms of regulatory structure. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 22-46 vacating the existing drainage and utility easements on Lot 1, Block 14, Windsor Park Third Addition with the condition that the resolution be recorded immediately prior to the recording of the plat of Zachardas Acres. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to adopt Resolution 22-47 approving the plat of Zachardas Acres with the following conditions: rowEREo er ���V�� Cit�r Council iVlinutes Page 3 September 6, 2022 1. The plat shall be recorded immediately after the associated easement vacation. 2. Sherburne Counry shall approve the re-location of the existing driveway and the driveway should be pushed as far west as possible to maximize snow storage between the existing driveway to the east. Motion carried 5-0. 7.2 Administrative Subdivision: Beaudry Elk River Addition Mr. Leeseberg presented the staff report. MayTor Dietz opened the public hearing. There being no one to speak to this issue, the public hearing was continued to SeptembeY 19, 2022. Moved by Councilmember Christianson and seconded by Councilmember Wagner to continue the public hearing to September 19, 2022. Motion carried 5-0. 8.1 Orono Lake Improvement District (OLID) Annual Budget 2023 Patrick Plant, OLID Board of Directors Chair, presented the report. Mayor Dietz asked how long it would take to restock the lake with fish following the dredging. Mr. Plant stated it would take 3-5 years with aggressive restocking. Mayor Dietz thanked the OLID board fo� their work on improving the lake qualityT. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve OLID Resolution 22-012023 OLID Annual Service and Activities Charge Request. Motion carried 5-0. 8.2 Set Budget Meeting Date and Adopt 2023 Preliminary Tax Levy Ms. ZiemeY pYesented the staff YepoYt. Ma��or Dietz reviewed the process for arriving at the budget amounts. Councilmember �X�estgaard added that curYent budget assumptions and projections ma�r decrease before the DecembeY budget meeting. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 22-48 authorizing the preliminary properry tax levy for collection in 2023. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner set the budget meeting for 6:30 p.m., December 5, 2022, when public comment will be taken. Motion carried 5-0. rowEREo er ���V�� Cit�r Council Minutes September 6, 2022 8.3 Resolutions Establishing EDA and HRA Levies for 2023 1��. O'Neil presented the staff YepoYt. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve Resolution 22-49 establishing the EDA tax levy of $396,000 for collection in year 2023. Motion carried 5-0. Page 4 Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the attached resolution establishing the HRA tax levy of $402,200 for collection in the year 2022. Motion carried 5-0. 8.4 Hemp THC Sales Moratorium and Licensing Police Chief Nierenhausen pYesented the staff repoYt. Alisha Maxwell, Project Coordinator for Sherburne County Substance Use Prevention Coalition and Representative Paul Novotny were in attendance to answer quesrions. Police Chief Nierenhausen would like checks and balances to help regulate sale and consumption of THC products in Elk Rive� until the legislature provides more information at their next session. Police Chief Nierenhausen is aware of one place selling THC pYoducts in Elk River. Representative Novotn�� gave a brief history on the passing of the legislation and stated he hopes there �uill be more resources foY cities discussed at the next legislative session. Ma�ror Dietz asked how police would know someone is impaired from THC. Police Chief Nierenhausen said the conceYn is that they are impaired — whetheY by prescription drugs, alcohol, or THC products. Ma��or Dietz asked about formulating an ordinance prohibiting sales in a certain zoning district after there are people selling there. City Attorne�T Beck stated that anyone selling before the oYdinance was passed would be gYandfathered in. One reason to do a moratorium would be to limit those selling close to certain areas such as schools or parks. Council discussed passing a moYatorium oY going straight to an oYdinance. Council agYeed that companies selling THC pYoducts before SeptembeY 6, 2022, should be exempt from a moratorium. TheyT agreed to add a third exemption to the proposed interim ordinance and adjust its length of time from 12 months to 60 days. rowEREo er ���V�� Cit�r Council iVlinutes Page 5 September 6, 2022 Moved by Councilmember Christianson to approve Interim Ordinance 22-20 prohibiting the sale, testing, manufacturing, and distribution of THC products adding Section 3, Subpart 4, Subpart C stating this moratorium does not apply to existing businesses within the city and their current sale of products that are lawful under state law. Councilmember Christianson amended his motion to change 12 months to 60 dayrs where noted in the Interim Ordinance. Moved by Councilmember Christianson and seconded by Councilmember Beyer to approve Interim Ordinance 22-20 prohibiting the sale, testing, manufacturing, and distribution of THC products adding Section 3, Subpart 4, Subpart C stating this moratorium does not apply to existing businesses within the ciry and their current sale of products that are lawful under state law and amending the effective time period of the ordinance from 12 months to 60 days. Motion carried 5-0. 8.5 Discuss Work Session Items Mr. PoYtneY pYesented the staff Yeport. 9. Counc�l L�a�son Updates _, k Council provided updates of the various ad�Tisor�- boards as noted in the respective board minutes. �> Council recessed at 7:58 p.m. in order to go into work session. Council reconvened at 8:01 p.m. 10.1 Discuss Hemp THC Licensure Ordinance 1�1r. PoYtneY presented the staff YepoYt. Council discussed �i�hat areas THC products can be sold, manufactured, and distributed, what businesses are allowed to sell, locations within those establishments, pop up sales, vending machines, transient meYchants, distance from schools, distance bet�veen retaileYs, deliver�r of pYoducts, online sales, limiting the number of locations within the cit�T, age verification of purchasers, hours of sale, and background checks and age of those selling the products. Council discussed how to address medical sales of THC products. Council discussed whetheY to model the ordinance afteY curYent tobacco ordinances or alcohol ordinances. rowEREo er ���V�� Cit�r Council iVlinutes Page 6 September 6, 2022 CityT r�ttorneyT Beck proposed bringing back versions of the ordinance modeled on tobacco sales and alcohol sales and the council could determine which areas best fit a Hemp THC Licensure Ordinance. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk RiveY Cityr Council at 8:21 p.m. Minutes prepared byT Katie Porath. John J. Dietz, MayoY Tina Allard, CityT Clerk j3�' �j,, :� POMIEREO er ������