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02-06-2023 CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, February 6, 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, Police Chief Ron Nierenhausen, Detective David Williams, Engineering Project Manager Brandon Wisner, Community Development Director Zack Carlton, Planner Chris Leeseberg, and Deputy City Clerk Jolene Richter Others Present: City Attorney Jared Shepherd, Sherburne County Community Health Coordinator Mark Lees, David Braslau of David Braslau Associates, Inc. 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 6:32 p.m. by Mayor Dietz. 2. Pledge of Allegiance: -Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 January 10, 2023, Joint Elk River Municipal Utilities Minutes. January 17, 2023, Regular Minutes. 4.2 Check register as outlined in the staff report. 4.3 Master Labor Agreement Between City of Elk River and Law Enforcement Labor Services Local #231. 4.4 Hire Ali Balabon to position of Fire Department Administrative Assistant effective February 13, 2023. 4.5 Public Works Wall Repair/Replacement, as outlined in the staff report. 4.6 Resolution 23-06 acknowledging donations for Woodland Trails Regional Park. 4.7 Resolution 23-07 accepting donations from the Zimmerman Fire Relief Association. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 February 6, 2023 ----------------------------- 6.1 Recognize promotion of Officer Michael Welsh to Patrol Sergeant Chief Nierenhausen presented the staff report and recognized the promotion of Officer Michael Welsh to the position of Patrol Sergeant effective February 7, 2023. Mayor Dietz administered the oath of office to Sergeant Michael Welsh. 6.2 Advisory Board Candidate Interviews The Council interviewed Mike Brown, Alison Freeman and Aimee Hallen for the Parks and Recreation Commission and Maija Myhra and Nicholas Zerwas for the Utilities Commission. The Council will make appointments at a later dated Council meeting. 7.1 Ordinance Amendment: Fee Schedule for Garbage, Environmental and Recreational Fees Mr. Portner 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 Westgaard and seconded by Councilmember Grupa to adopt Ordinance 23-01 amending the 2023 Master Fee Schedule, as outlined in the staff report. Motion carried 5-0. 7.2 Elk River Vape Shop Inc.: Administrative Hearing Chief Nierenhausen introduced the Sherburne County Community Health Coordinator Mark Lees. Mr. Lees presented the staff report. Mayor Dietz opened the public hearing. Attorney Carol Moss of Hellmuth and Johnson in Edina spoke on behalf of the licensee. The licensee was not present at the meeting. She stated they acknowledge the seriousness of the situation, and the licensee is taking serious steps to remedy the situation. Ms. Moss stated the licensee took the following immediate actions: updated their software program for checking IDs, offered additional training to staff, increased signage and hired additional security to check IDs. They also terminated employees who did not follow policies. Ms. Moss continued to speak regarding the compliance checks on October 31, 2022, stating that the police records indicate the ticket was dismissed. She is asking the Council on behalf of her client to consider this a first and second violation and for them to pay $600. Detective Williams explained the wrong statute was noted in the original citation therefore being dropped. The citation was reissued with the correct statute. 1■ E I F I I Y MATURE City Council Minutes February 6, 2023 Page 3 f ' Mayor Dietz asked the city attorney if even though the citation was issued to the employee does that justify the business being charged for it. Counselor Shepherd explained Section 26.33 of the Elk River City Code and how the licensee is responsible for the action of its employees. Ms. Moss stated the licensee was not aware that the October 31, 2022, violation was re -cited until after the December 5, 2022, violation. She stated if they had known sooner her client would have taken steps to remedy the situation sooner and avoid the December citation. She continued to ask the Council to waive the 7-day suspension. Mayor Dietz closed the public hearing. Mayor Dietz asked if the 7-day suspension could be lessened. Counselor Shepherd explained we can be more restrictive, however not less restrictive to state statute. The Council discussed and unanimously agreed to move forward with the administrative penalties. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Resolution 23-08 imposing administrative penalties for violation of tobacco license requirements. Motion carried 5-0. 8.1 Discuss Work Session Items There were no additional work session items added. 8.2 Appoint Councilmember: Volunteer of the Year Selection Committee Mayor Dietz presented the staff report. Moved by Councihnernber Westgaard and seconded by Councilmember Beyer to appoint Councilmember Grupa to serve on the Volunteer of the Year Selection Committee. Motion carried 5-0. 8.3 Final Feasibility Report for the Northeast and Northwest Urban Service Area Expansion Study u Mayor Dietz noted some property owners are present and will have questions for the Council. He stated the property owners are aware no decisions will be made tonight regarding their questions. Mr. Wisner presented the staff report. Mayor Dietz asked if the Council would be committed to the study of they approved it. Mr. Wisner stated the study would be used as a guiding document and is not approval for a project. Mayor Dietz invited the property owners to speak. laIIREI I NATURE City Council Minutes February 6, 2023 Page 4 Rick and Jackie Frederickson, 2093 Neilson Avenue, Long Lake, MN, and Bill and Wendy Zacharda,13495 Ranch Rd NW, distributed a letter to the Council with their questions (attached in the staff report). The Council discussed and directed staff to continue to work with property owners and Capstone with their concerns. The Council stated they would be open to future discussions of options from the property owners and Capstone. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Final Feasibility Report for the Northeast and Northwest Urban Service Area Expansion Study. Motion 5-0. 9. Council Liaison Updates Councilmembers provided updates as outlined in the respective advisory board's minutes. Councilmember Beyer added on behalf of the Sampsons, who lost a loved one, Lynn Sampson, wanted to thank the police officers for the procession into the cemetery. 10. Adjourn Regular Meeting Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the regular meeting of City Council. Motion carried 5-0. Council recessed at 7:51 p.m. and reconvened in work session at 7:54 p.m. 1 1.1 Racetrack Sound Testing Mr. Leeseberg presented the staff report and introduced David Braslau of David Braslau Associates, Inc. Mr. Braslau gave a presentation regarding how noise assessments are conducted, noise standards, and possible mitigation measures, and information regarding sound studies related to racetrack operations. Mayor Dietz asked who is responsible to hold up to state standards. Mr. Braslau stated ultimately it would be the noise producer's responsibility. Mayor Dietz asked if someone complains about noise is the city obligated to require a sound study. Mr. Braslau answered, normally the city in which the facility is located would be responsible for conducting the noise standard. Each community would be responsible for their own noise standards, especially since the city is more restrictive than the state. 11.2 Nuisance Ordinance Mr. Carlton presented the staff report. The Council discussed possible updates and modifications to the city's nuisance ordinance to improve readability, clarity, and outline enforcement proceedings. rI o■[I[I orATURE City Council Minutes February 6, 2023 Page 5 Mr. Carlton stated they will be bring an ordinance amendment forward for consideration. 12. Adjournment Moved by Councilmember Beyer and seconded by Councilmember Wagner to adjourn the meeting of City Council. Motion carried 5-0. There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:02 p.m. Minutes prepared by Jolene Richter. J J. bietz, Mayor Tina Allard, City Clerk u [NATURE]