09-06-2022 CCMCity of
Elk tj
River
Members Present:
Members Absent:
Staff Present:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, September 6, 2022
Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
None
City Administrator Calvin Portner, City Attorney 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 City Council
was called to order at 6:37 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councihnember Westgaard and seconded by Councilmember
Christianson to approve the agenda. Motion carried 5-0.
4. 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 Facility Supervisor.
Motion carried 5-0.
S. Open Forum
City Council Minutes
September 6, 2022
No one appeared for Open Forum.
6. Presentations, Awards, and Recognition
There were no presentations, awards, or recognition.
7.1 William Zacharda and Virginia Bloomdahl — 13569 Ranch Road
■ Easement Vacation
■ Platted Exemption: Zachardas Acres
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
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Lee Whiting,13463 Ranch Rd, stated that driveways 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.
Mayor Dietz closed the public hearing.
Mayor Dietz asked about snow storage. Mr. Leeseberg stated there was limited
options since it was a county road.
Councilmember Westgaard asked if the driveway could be pushed west to allow
more space between driveways. Mr. Leeseberg 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 homeowner to the north and emergency
vehicles.
Councilmember Westgaard stated he was surprised the county was agreeable to two
access points on a county road so close together.
Mayor Dietz asked about past issues with "flag lots" in the city. City Attorney Beck
stated the city has an ordinance limiting flag lots. The current lot is landlocked which
is also non -conforming. A flag lot would make the situation better in terms 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:
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City Council Minutes
September 6, 2022
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1. The plat shall be recorded immediately after the associated easement
vacation.
2. Sherburne County 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.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
the public hearing was continued to September 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 for their work on improving the lake quality.
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. Ziemer presented the staff report.
Mayor Dietz reviewed the process for arriving at the budget amounts.
Councilmember Westgaard added that current budget assumptions and projections
may decrease before the December budget meeting.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 22-48 authorizing the preliminary property 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.
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September 6, 2022
8.3 Resolutions Establishing EDA and HRA Levies for 2023
Mr. O'Neil presented the staff report.
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.
Moved by Councihnember 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 presented the staff report.
Alisha Maxwell, Project Coordinator for Sherburne County Substance Use
Prevention Coalition and Representative Paul Novotny were in attendance to
answer questions.
Police Chief Nierenhausen would like checks and balances to help regulate sale and
consumption of THC products in Elk River until the legislature provides more
information at their next session.
Police Chief Nierenhausen is aware of one place selling THC products in Elk River.
Representative Novotny gave a brief history on the passing of the legislation and
stated he hopes there will be more resources for cities discussed at the next
legislative session.
Mayor Dietz asked how police would know someone is impaired from THC. Police
Chief Nierenhausen said the concern is that they are impaired — whether by
prescription drugs, alcohol, or THC products.
Mayor Dietz asked about formulating an ordinance prohibiting sales in a certain
zoning district after there are people selling there. City Attorney Beck stated that
anyone selling before the ordinance was passed would be grandfathered 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 moratorium or going straight to an ordinance.
Council agreed that companies selling THC products before September 6, 2022,
should be exempt from a moratorium. They agreed to add a third exemption to the
proposed interim ordinance and adjust its length of time from 12 months to 60 days.
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September 6, 2022
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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 days
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 city 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. Portner presented the staff report.
9. Council Liaison Updates
Council provided updates of the various advisory 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
Mr. Portner presented the staff report.
Council discussed what 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 merchants, distance from
schools, distance between retailers, delivery of products, online sales, limiting the
number of locations within the city, 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 whether to model the ordinance after current tobacco ordinances
or alcohol ordinances.
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City Council Minutes
September 6, 2022
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City Attorney 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
River City Council at 8:21 p.m.
Minutes prepared by Katie Porath.
Tina Allard, City Clerk
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