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01-17-2023 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, January 17, 2023 Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, City Attorney Jared Shepherd, IT Manager Seth Calvin, IT Support Specialist Jake Walz, Senior Planner Chris Leeseberg, and Records Specialist Katie Porath 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 6:09 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 Wagner and seconded by Councilmember Grupa to approve: 4.1 January 3, 2023, Minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Approve the low bids and authorize the execution of Agreement 23-1 with Palmer West Construction Co., Inc. for the construction of the City Hall Reroof in the amount not to exceed $853,100.00 with a 10% contingency and authorize the execution of Agreement 23-2 with Granite City Roofing, Inc. for the construction of the Public Safety Reroof in the amount not to exceed $613,798.00 with a 10% contingency. 4.5 Adopt Resolution 23-4 accepting the Rolling Hills Homeowners Association Petition and Waiver for design through bidding of decommissioning and removing the existing subsurface sewer treatment system and the construction and connection of all 28 properties to the City of Elk River sanitary sewer system in the amount City Council Minutes Page 2 January 17, 2023 not to exceed $156,000 and order preparation of plans and specifications. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the January Volunteer of the Month award to Mavis Weber. He highlighted the following: ■ Bridge Club leader at Senior Activity Center for last 15 years. ■ Long-standing member of the Senior Activity Center. ■ Volunteered as Girl Scout leader and Den Mother when her children were young. ■ Sang in the St. Andrew's Catholic Church choir. ■ Dispatched two trucks for an entire weekend during the famous 1991 Halloween blizzard. ■ Modeled clothing at Senior Activity Center style shows. 6.2 Proclamation: Lori Ziemer Day in the City of Elk River Mayor Dietz presented retired Finance Director Lori Ziemer with a plaque for her 28 years as a city employee. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to proclaim January 30, 2023, as Lori Ziemer Day. Motion carried 5-0. 6.3 Inside Elk River Dirty Jobs Drawing Councilmembers randomly drew jobs for the Inside Elk River Dirty Jobs segment. Mayor Dietz - building inspections Councilmember Beyer — controlled burn of grasses Councilmember Wagner - sidewalk and trail plowing Councilmember Westgaard - snow storage Councilmember Grupa - building maintenance 7.1 Interim Use Permit: Multi -Family Residential Use in Single -Family Zoning District — Sogdiana, LLC, Zafar Khamdamov, Case No. IU 22- 02 Mr. Leeseberg 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. �tIIIII Ir NATURE A City Council Minutes January 17, 2023 Page 3 Mayor Dietz asked how many years the Interim Use Permit will be reapproved. Mr. Leeseberg stated it was on the second round of a three-year approval. The Planning Commission is considering a zoning change which would make it an allowable use. Otherwise, the item will be revisited in three years. Generally, all Interim Use Permits have a "sunset date" that staff can quantify. Moved by Councilmember Westgaard and seconded by Councilmember Wagner with the following conditions: 1. The Interim Use shall be for a maximum of three units. 2. The Interim Use shall terminate March 16, 2026 (3 years from the termination date of IU 20-01) or when the property changes ownership, whichever occurs first. 3. The Interim Use Permit will be recorded against the property to put any future buyers on notice that the Interim Use Permit will not run with property. 4. The structure shall be returned to a single-family home prior to sale or when the Interim Use Permit terminates. 5. By February 3, 2023, the applicant shall submit a deposit in the amount of $5,000 to ensure compliance with the Interim Use Permit conditions. 6. By February 3, 2023, the applicant shall provide documentation each tenant received a letter indicating the Interim Use Permit will expire on March 16, 2026, and the structure will be converted back to a single- family residential district. Motion carried 5-0. 7.2 Easement Vacation: Drainage & Utility Easement, Ben Olson — PID 75-453-01 15 Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Matt Mellenthin,14148 202°d Ave, stated his property has a pond which overflowed between 2010 and 2018 and has caused foundation issues. He has spoken to the city and Sherburne County that there is poor drainage in that area. Marilyn Mellenthin,14148 202nd Ave, believes that the drain tiles are broken and not draining. The ground gets saturated and causes trouble with their septic system. Carrie Braiedy,14227 221" Ave NW, asked if the map shows where drain tiles are. Mr. Leeseberg showed the drain tiles on the map. Ben Olson, applicant, stated that the county ditch inspector told him that the drainage was not effective, and the county was getting a permit to fix it. NATURE City Council N inutes January 17, 2023 Page 4 Mayor Dietz asked Mr. Leeseberg to talk to Sherburne County and respond to the residents regarding the drainage issues. Broken drainage tiles and ditch problems would be something the county would have to address. Mayor Dietz closed the public hearing. Councilmember Westgaard stated that passing the Resolution was an administrative task to get the easement recorded in the proper location. The functionality of the drainage system was a different topic. Moved by Councimember Wagner and seconded by Councilmember Beyer to adopt Resolution 23-5 vacating a drainage and utility easement upon condition the applicant prepare and record an easement protecting and preserving access to County Ditch 28. Motion carried 5-0. 7.3 Elk River Vape Shop: Administrative Hearing for Tobacco Compliance Violations Mr. Portner presented the staff report. The owner of Elk River Vape Shop asked to postpone the administrative hearing. City Attorney Shepherd stated the council does not need to open the public hearing and can remove the item from the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to move Elk River Vape Shop Administrative Hearing for Tobacco Compliance Violations to the February 6, 2023, City Council meeting. Motion carried 5-0. 8.1 Council Appointment to Information Security Commission Mr. Portner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Grupa to appoint Councilmember Beyer as a member of the Information Security Committee. Motion carried 5-0. 8.2 Library Board Appointment Mayor Dietz stated four people applied for the Library Board and he recommends Sara Soukup. Moved by Councilmember Westgaard and seconded by Councihnernber Wagner to appoint Sara Soukup to the Library Board for a 3-year term beginning January 1, 2023, and expiring December 31, 2025. Motion carried 5- 0. P I v k a I I II NATURE City Council Minutes January 17, 2023 9. Adjourn Regular Meeting Page 5 Moved by Councilmember Wagner and seconded by Councilmember Beyer to adjourn the regular meeting of January 17, 2023. Motion carried 5-0. Council recessed at 6:37 p.m. and reconvened in work session in the Council Chambers at 6:39 p.m. Mayor Dietz asked to move Item 10.2 before Item 10.1. 10.2 Phone System Upgrade Mr. Calvin presented the staff report. He stated the hosted system he proposed would save $15,000. Mr. Calvin led a focus group which reviewed eight phone systems and recommends the 3CX Phone System. Mayor Dietz asked if the city pays up front or per month. Mr. Calvin stated the city would pay monthly. Councilmember Westgaard and Councilmember Beyer said the private sector is moving toward this type of phone which uses a cloud -based system and gives employees more flexibility. Mr. Calvin added that departments would have a budget for desk phones and would need managers approval, otherwise phones would be installed on a cell phone app or computer. Mr. Portner added that the phone system was set to be replaced in 2025 and the phone server in 2023. While researching phone servers the IT department determined it will save money to switch to a new phone system. A contract will be brought to a future council meeting. 10.1 Commission Membership Requirements Mr. Portner presented the staff report. He stated there have been issues with the ISD 728 representatives to the Multipurpose Facility Advisory Commission and Energy City Commission attending meetings. The school district activities director has conflicts attending the Multipurpose Facility Advisory Commission meetings in the evenings and the representative to the Energy City Commission is a schoolteacher who has conflicts attending morning meetings. Mr. Portner proposed adding an additional person to the committee and having school district representatives as non -voting liaisons positions that any representative from the school could attend. r N YURE City Council Minutes January 17, 2023 Page 6 Debbi Rydberg, Executive Director of Elk River Area Chamber of Commerce, asked if the times of the two commissions could be changed to accommodate the members schedules. Councilmember Westgaard felt that the input from the school district was important particularly since the city and school district are both taxing entities and should work together. He asked if the school district may be able to find a different designee. Councilmember Wagner agreed that one of the goals of the Energy City Commission was to educate elementary and high school students and the school district representative had valuable insight. She suggested having two people designated per commission, and, if one of them could not attend, the other could vote on behalf of the school district. Council asked Mr. Portner to reach out to the school district superintendent to see if they had any solutions on who can come to the meetings. II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:58 p.m. Minutes prepared by Katie Porath. Tina Allard, City Clerk p I V E I E 1 i i NATUR