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4.1 DRAFT MINUTES (2 SETS) 10-03-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, September 19, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Others Present: City Attorney Peter Beck and Sherburne County Parks Coordinator Gina Hugo Staff Present: Community Development Director Zack Carlton, Multipurpose Facility Superintendent Tim Dalton, and Deputy City 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. Council held a moment of silence in memory of Larry Toth. Larry was a former City Council Member, a former Planning Commissioner, and a member of the Housing Redevelopment Authority (HRA) for more than 40 years. Larry had been serving as the Chair of the HRA at the time of his passing. His passion for serving the community of Elk River will be sorely missed. 3. Consider Agenda Mayor Dietz asked to add Item 8.4 Appointment to the HRA and 8.5 Ministerial Association Donation. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda, as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve: 4.1 September 6, 2022, Regular Minutes 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. City Council Minutes Page 2 September 19, 2022 ----------------------------- 4.4 Resolution 22-51 accepting donation of a pellet grill/smoker and $200 to the Fire Department. 4.5 Resolution 22-52 approving the Orono Lake Improvement District Annual Budget 2023. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the September Volunteer of the Month award to Jessica Hackenmueller. He highlighted the following:  Co-Founder and Vice President of Thumbs Up board since 2014.  Volunteer board and committee member for Elk River Area Food Coop for 5 years.  Minnesota Reading Corps tutor at Parker Elementary School for two years.  Gave many hours to Feed My Starving Children.  Assisted in sports and church events for her three children. 6.2 Proclamation: Constitution Week Mayor Dietz read and presented the proclamation to Daughters of the American Revolution member, Marilyn Schroeder. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to proclaim September 17-23, 2022, as Constitution Week. Motion carried 5-0. th 7.1 Preliminary Plat Olson Acres: 14288 212 Avenue, Jeff Olson 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 Councilmember Beyer and seconded by Councilmember Christianson to approve the preliminary plat of Olson Acres with the following conditions: 1. Adjust the drainage and utility easement to match the 25-foot wetland setback standard. 2. Review trail standards with city staff and incorporate trail easements within Outlot A as required. City Council Minutes Page 3 September 19, 2022 ----------------------------- Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 22-53 approving the final plat of Olson Acres with conditions that Park Dedication shall be paid for one additional single-family lot (currently $1,425.93). Motion carried 5-0. 7.2 Conditional Use Permit: Allow Changeable Copy Sign to Exceed 30 sq. ft. at 11684 219th Avenue, Greenscape Companies, Inc. 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 Councilmember Christianson and seconded by Councilmember Beyer to approve the Conditional Use Permit with the condition that the sign must comply with the standards set forth in Sec. 30-864(e) to satisfy the standards set forth in Section 30-654. Motion carried 5-0. 7.3 Conditional Use Permit: Home Occupation for Beauty Salon at 329 Morton Avenue, Charity Dellwo Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to October 17, 2022. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to continue Item 7.3 regarding the Condition Use Permit: Home Occupation for Beauty Salon at 329 Morton Avenue, Charity Dellwo to the October 17, 2022, City Council meeting. Motion carried 5-0. 7.4 Conditional Use Permit: Development of Multi-Family Planned Unit Development, Jackson Hills Phase II, Briggs Companies – PID 75-134- 2305 Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. th Brad Brummer, 14524 145 Ct NW – Stated he supports the building, and it would be a good use of the space. th Troy Schengen, 10528 175 Ave NW – Expressed support for a new apartment building. Mayor Dietz continued the public hearing to October 17, 2022. City Council Minutes Page 4 September 19, 2022 ----------------------------- Moved by Councilmember Beyer and seconded by Councilmember Christianson to continue Item 7.4 regarding the Conditional Use Permit: Development of Multi-Family Planned Unit Development, Jackson Hills Phase II), Briggs Companies – PID 75-134-2305 to the October 17, 2022, City Council meeting. Motion carried 5-0. 7.5 Administrative Subdivision: Beaudry Elk River Addition Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to October 3, 2022. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to continue Item 7.5 regarding the Administrative Subdivision: Beaudry Elk River Addition to the October 3, 2022, City Council meeting. Motion Carried 5-0. 8.1 Resolution for Great Northern Trail Regional Trail Designation Gina Hugo, Sherburne County Parks Coordinator, presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 22-54 supporting regional trail designation for the Great Northern Trail (GNT). Motion carried 5-0. 8.2 2022-2023 Season Contract with the Minnesota Squatch Mr. Dalton presented the staff report. Council expressed concerns with the current proposed contract. Council directed staff to review the contract with the city attorney and bring back the revised contract to the next City Council meeting on October 3, 2022. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to continue the consideration of the 2022-23 Season Contract with the Minnesota Squatch Tier III junior hockey team for ice and facility use at the Furniture and Things Community Event Center to October 3, 2022 and authorize staff to temporarily approve the Minnesota Squatch to utilize the Furniture and Things Community Event Center with their concessioner until October 3 at which time Council will review the year-long contract. Motion carried 5-0. 8.3 On-Sale 3.2 Liquor and Wine Licenses: The Confluence LLC dba Edge Bar & Boutique City Council Minutes Page 5 September 19, 2022 ----------------------------- Mayor Dietz presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve an On-Sale 3.2% License with strong beer permission and a Wine License to The Confluence LLC dba Edge Bar & Boutique. Both licenses valid through June 30, 2023. Motion carried 4-0. Councilmember Wagner abstained due to conflict of interest as she is part owner of the business. 8.4 Appointment to the HRA Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Jill Larson-Vito to the Housing and Redevelopment Authority for the remaining term which expires December 31, 2023. Motion carried 5-0. 8.5 Ministerial Donation Mayor Dietz presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to purchase benches with the ministerial donation to be placed along the Highway 10 trail from Orono Park to downtown Elk River. Motion carried 5-0. 9. Work Session There was no work session. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:53 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 Elk River City Hall Thursday, September 22, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer (4:15 p.m.), Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorneys Peter Beck and Jared Shepherd, Multipurpose Facility Superintendent Tim Dalton, 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 4:00 p.m. by Mayor Dietz. Prior to closing the meeting, the mayor stated for the record that the meeting would be closed as allowed by MN Statute Section 13D.05, Subdivision 3(b) to discuss confidential attorney-client privilege regarding the Management Agreement for Concession and Catering Services dated January 4, 2021. 2. Closed Meeting The City Council held the closed meeting. 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 5:30 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk