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4.1 DRAFT MINUTES (3 SETS) 11-21-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, November 7, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Garrett Christianson, and Matt Westgaard Members Absent: Councilmember Jennifer Wagner Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Finance Director Lori Ziemer, Police Chief Ron Nierenhausen, Community Development Director Zack Carlton, Public Works Director Justin Femrite, Street and Park Superintendent Tim Sevcik, Multipurpose Facility Superintendent Tim Dalton, Human Resource Manager Lauren Wipper, and Senior Admin. Assistant Jennifer Green 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz requested Item 4.14 Purchase Agreement: RAN Properties, Natures Edge Business Center Third Addition, and Item 4.15, Hire Park Maintenance Worker, be added to the Consent Agenda. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda with the additions of Item 4.14 and 4.15 as noted above. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the consent agenda as follows: 4.1 City Council meeting minutes for October 17, 2022, Regular and October 28, 2022, Closed Meeting Minutes. 4.2 Check register as outlined in the staff report. 4.3 Call closed meeting for Labor Negotiations LELS Locals 231 for Monday, November 7, 2022, immediately following the City Council meeting. City Council Minutes Page 2 November 7, 2022 ----------------------------- 4.4 Resolution 22-58 designating 2023 Polling Locations as outlined in the staff report. 4.5 Authorization of Agreement 22-33 and Resolution 22-59 for Execution of a Grant Agreement for the Toward Zero Deaths Grant as outlined in the staff report. 4.6 Hire Paid on Call Firefighter Logan Hemmesch effective November 7, 2022. 4.7 Agreement 22-34 approving the termination of the management agreement between the City of Elk River and Serrano Brothers Catering effective October 17, 2022, as outlined in the staff report. 4.8 Resolution 22-60 accepting contributions to liquor operations for Fire Department Fundraiser as outlined in the staff report. 4.9 Approving the Sherburne County Assessment Services Agreement 22- 35 effective January 2, 2023, through June 30, 2027, to perform property assessments for 2025-2027 as outlined in the staff report. 4.10 Settlement Agreement and Release of Claims for Mike Zappa Separation Agreement 22-36 as outlined in the staff report. 4.11 Bernick’s Full Line Vending Agreement 22-37 for snack and beverage vending at the Furniture and Things Community Event Center effective November 2, 2022, as outlined in the staff report. 4.12 2023 Streets, Parks, and Building Maintenance Divisions Equipment Replacement Fund Purchases as outlined in the staff report. 4.13 Accept Developer Installed Public Improvements as outlined in the staff report. 4.14 Resolution 22-62 approving Purchase Agreement 22-38 between the City of Elk River and RAN Properties (GATR) for 6.86 acres of city owned property in Natures Edge Business Center Third Addition as outlined in the staff report. 4.15 Hire Daniel Hampton as Park Maintenance Worker at step A of the IUOE Local 49 Labor Contract effective November 21, 2022. Motion carried 4-0. 5. Open Forum No one appeared for Open Forum. 6.1 Presentations, Awards, and Recognition Chief Nierenhausen introduced and provided background on Officers Dakota Shafer and Ryan Cowley. Mayor Dietz administered the oath of office to Police Officers Dakota Shafer and Ryan Cowley. 7.1 Plat: Beaudry Elk River Addition Mr. Carlton presented the staff report. City Council Minutes Page 3 November 7, 2022 ----------------------------- Mayor Dietz noted the public hearing was still open. There being no one to speak, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Beyer to adopt Resolution 22-61 approving the plat of Beaudry Elk River Addition with the following conditions: 1. The wetland boundary shown on the plat shall be updated to reflect the final approval given by the Technical Evaluation Panel (TEP). 2. The TEP shall approve all proposed wetland impacts and fill prior to releasing the final plat for approval. 3. The applicant shall provide documentation demonstrating compliance with the wetland replacement standards having been met. 4. Final established wetland boundaries, based on the TEP approved wetland impacts, shall be identified on the plat along with a 45-foot drainage and utility easement. Motion carried 4-0. 8.1 Energy City Commission Appointments Moved by Councilmember Westgaard and seconded by Councilmember Christianson to appoint Levi Aesoph to the Energy City Commission for a term ending 2/28/2023 and appoint Anthony Miller to the Energy City Commission for a term ending 2/29/2024. Motion carried 4-0. 8.2 Ordinance Regulating the Licensing of Businesses Selling Cannabinoid Products in the City of Elk River Attorney Beck and Mr. Portner presented the staff report. Attorney Beck felt this ordinance allows a regulatory structure and is set for January 1, 2023. He stated this also allows the city clerk time to put applications in place. He noted the current moratorium will stay in place. Anyone lawfully selling these products prior to the moratorium taking effect may continue to do so. Mayor Dietz asked if the city would be advertising on social media to notify those interested in filling out an application to be approved by the January 1, 2023, start date. Mr. Portner stated a full-fledged advertising campaign on social media, in the newspaper, and mailings targeting those interested. Attorney Beck indicated there will be legislative action in 2023, noting the city will more than likely be revisiting this ordinance after that action. Mr. Portner stated this ordinance mirrors both the alcohol and tobacco ordinances but removed allowing the distance from parks due to the potential to allow THC- City Council Minutes Page 4 November 7, 2022 ----------------------------- infused drinks in the downtown area. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to adopt Ordinance 22-25 Regulating the Licensing of Businesses Selling Cannabinoid Products in the City of Elk River as outlined in the staff report. Motion carried 4-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. There were no additions made to the work session items. 9. Council Liaison Updates Council provided updates of the various advisory boards as noted in the respective board minutes. ------------------------------ The Council recessed at 6:54 p.m. to go into work session. Council reconvened at 6:57 p.m. 10.1 2023-2027 Capital Improvement Plan Ms. Ziemer presented the staff report, discussing the specific capital projects identified by staff for completion over the next five years. She then reviewed the 2023 projects along with cash flow estimates of each project fund, noting some project funding was discussed during budget meetings. Mr. Sevcik explained the reasons for the Equipment Replacement Fund costs of $1,449,000 resulted in 12 vehicle purchases for 2023 due to the pandemic causing production delays and chip shortages. He indicated vehicles and equipment are replaced depending on number of hours of usage, mileage, or used as a secondary use vehicle. Ms. Ziemer discussed using ARPA funds for the Equipment Replacement fund. Ms. Ziemer indicated it would be easier transferring money from the ARPA fund directly into the General Fund instead of transferring money from ARPA to equipment replacement, and then equipment replacement funds into the General Fund. Council asked about the ability to use ARPA funds for the equipment replacement purchases. Ms. Ziemer and Mr. Portner explained they received additional guidance earlier in the year that allows for the city to spend up to $10 million dollars with no specific reporting needed on the fund usage. Mr. Portner stated there’s always a concern about using any one-time fund towards items in the General Fund as it City Council Minutes Page 5 November 7, 2022 ----------------------------- means the 2024 budget cannot rely on this funding. Mr. Femrite reviewed public works projects. Ms. Ziemer then discussed the yet to be determined requests that will still come before the council for approval, and the department budget funded projects. 10.2 2023 Budget Ms. Ziemer presented the staff report and discussed details of the 2023 budget. She indicated inflationary increases and costs associated with the newly added park amenities and city facilities make up for the 8.3% increase in the General fund budget over 2022, with the increase being in fuels and lubes, equipment parts, and workers compensation premium. 10.3 Furniture and Things Community Event Center Fund Balance Ms. Ziemer presented the staff report and asked for direction regarding the possibility of using ARPA funds to add back into the fund balance to cover the decrease of about $650,000. Ms. Ziemer indicated they have $2.1 million in ARPA funds remaining to be used by the end of 2024 or at least have contracts signed by end of 2024 for use of those funds. Council stated there were significant revenue impacts at the multipurpose facility because of the pandemic mandates and being shut down. They discussed the future operational challenges of running the facility and their work is cut out for them to put together a balanced budget and see revenue increases in the future. Council consensus to use ARPA funds to offset pandemic-related operational revenue losses for the Furniture and Things Community Event Center Fund Balance to be approved at a future council meeting. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:53 p.m. Minutes prepared by Jennifer Green. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at the Elk River City Hall Monday, November 7, 2022 Members Present: Mayor John Dietz, Councilmembers Mike Beyer, Garrett Christianson, and Matt Westgaard Members Absent: Councilmember Jennifer Wagner Staff Present: City Administrator Calvin Portner, Human Resource Manager Lauren Wipper, and Police Chief Ron Nierenhausen 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 7:55 p.m. by Mayor Dietz. 2. Closed Meeting Mayor Dietz read a statement outlining the purpose of the meeting was to review and discuss the city’s labor negotiation strategy related to the city’s negotiations with the Police Patrol Unit, LELS Local 231 pursuant to MN Statute §13D.03, Subd. 1(b). The closed meeting was held. 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:53 p.m. Minutes prepared by Jennifer Green. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River Canvassing Board Held at the Elk River City Hall Monday, November 14, 2022 Members Present: Councilmembers Garrett Christianson, Mike Beyer, and Matt Westgaard Members Absent: Mayor John Dietz and Councilmember Jennifer Wagner Staff Present: City Clerk Tina Allard 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Canvassing Board was called to order at 5:05 p.m. by Councilmember Westgaard. 2. Oath of Office Members completed the oath of office. 3. Canvass Results of November 8, 2022, General Election Ms. Allard presented the report. Moved by Councilmember Beyer and seconded by Councilmember Christianson to adopt Resolution 22-63 approving votes cast and winners for city elections for the Tuesday, November 8, 2022, general election. Motion carried 3-0. 4. Adjournment There being no further business, Councilmember Westgaard adjourned the meeting of the Elk River City Council at 5:10 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk