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4.1 DRAFT MINUTES (2 SETS) 06-05-2023 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 15, 2023 Members Present: Mayor John Dietz, Councilmembers Cory Grupa and Mike Beyer Members Absent: Councilmembers Matt Westgaard and Jennifer Wagner Staff Present: City Administrator Calvin Portner, Economic Development Director Brent O’Neil, Engineer 1 Ryan Sandhoefner, Parks and Recreation Manager Michael Hecker, Fire Chief Mark Dickinson, City Engineer Justin Femrite, Assistant Finance Director Joe Stremcha, City Attorney Jared Shepherd, 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 6:09 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added Item 8.3 regarding ARPA funds. Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the agenda as amended. Motion carried 3-0. 4. Consent Agenda Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve: 4.1 May 1, 2023, Regular and May 8, 2023, Special Meeting Minutes. 4.2 Check Register as outlined in the staff report. 4.3 Pay Estimates as outlined in the staff report. 4.4 Designating June 15, 2023, as Volunteer Appreciation Day at the Farmer’s Market. 4.5 Ordinance 23-08 assigning a new street address for the property PID# 75-002-4320. 4.6 Cancel July 3, 2023, Regular Council Meeting. 4.7 Elect not to waive the statutory tort limits for liability insurance. 4.8 Agreement 23-09 between the Elk River Fire Foundation and Elk River Farmers Market. 4.9 Agreement 23-10 and acceptance of bid in the amount of $110,919.00 from Structural Buildings of Minnesota, Inc. with a 10% contingency for the construction of a pole barn at Woodland Trails Regional Park. 4.10 Hire Bailey Meyer as police officer effective May 17, 2023, as outlined in the staff report. Motion carried 3-0. 5. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 May 15, 2023 ----------------------------- 6.1 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz presented the May Volunteer of the Month award to Missy Wilson. He highlighted the following:  Involved with Night to Unite, Earth Day cleanup, and neighborhood boot hockey tournament.  Started the Elk River Fire Auxiliary in 2020, which has now become the Elk River Fire Foundation.  Organized Thanksgiving community meal.  Worked on Fill-a-Fire Truck to gather toys for needy children at Christmas.  Registration Committee member for Thumbs-Up 5K.  Donated stem cells to a recipient in need. 6.2 Proclamation: Firefighter Retirement Chief Dickinson highlighted Mr. Hildebrandt’s career with the Elk River Fire Department. Moved by Councilmember Beyer and seconded by Councilmember Grupa to proclaim September 7, 2023, as Jim Hildebrandt Day. Motion carried 3-0. Mayor Dietz read and presented the proclamation to Mr. Hildebrandt and the Council thanked him for his service. 7.1 Ordinance Amendment: Allow Motor Vehicle Sales in the I-3 Zoning District, Rock Solid Companies, Ron Touchette Mr. Leeseberg presented the staff report. Attorney Shepherd noted a 3-0 vote would be needed on any of the ordinances being considered tonight. Mayor Dietz opened the public hearing. There being no one to speak to the issue, Mayor Dietz closed the public hearing. Moved by Councilmember Beyer and seconded by Councilmember Grupa to adopt Ordinance 23- 09 amending Chapter 30-1294, I-3 General Industrial District, of the City of Elk River, Minnesota, City Code. Motion carried 3-0. 7.2 Vinje Investments, LLC: PID’s 75-011-2401, 75-011-2120, 75-011-3203, 75-011-3235 a) Land Use Amendment: Business Park to Highway Commercial b) Zone Change: Focus Area Study to Planned Unit Development c) Conditional Use Permit: Planned Unit Development d) Preliminary Plat: Vinje Commercial Addition Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to the issue, Mayor Dietz continued the public hearing. Moved by Councilmember Grupa and seconded by Councilmember Beyer to continue the hearing to Tuesday, June 20, 2023. Motion carried 3-0. City Council Minutes Page 3 May 15, 2023 ----------------------------- 7.3 Abatement Request: Harvest Reaper (Beaudry Oil) Mr. O’Neil presented the staff report. He provided a project summary regarding the financial assistance, qualifications, and agreement terms. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Grupa and seconded by Councilmember Beyer to adopt Resolution 23- 15 granting a property tax abatement for certain property in the city and approving Tax Abatement Agreement 23-11 with Harvest Reaper, LLC. Motion carried 3-0. 7.4 Ordinance Amendment: Downtown Overnight On-Street Parking Mr. O’Neil presented the staff report. He noted representatives of Granite Shores understood the need for cooperation and being a good neighbor but are unsure an overnight parking ban is a good option and were willing to work on an alternative solution. Mayor Dietz opened the public hearing. Deana McLean, owner of Salon on Main (705 Main Street) and member of the Downtown Elk River Business Association (DERBA) – Stated she and DERBA would ask for the same rules and would also like no parking near their businesses during overnight hours. Mayor Dietz closed the public hearing. Mayor Dietz stated the parking spaces are meant for retail customers and residents can park in the upper and lower parking lots. It is safe to walk downtown, and this would further assist the public works department with snowplow operations in winter. Councilmember Grupa stated the city should add no parking on the east side of Jackson Avenue. Moved by Mayor Dietz and seconded by Councilmember Beyer to adopt Ordinance 23-10 regarding stopping, standing, and parking with an amendment to clarify that no vehicle shall be parked between 2:00 a.m. and 6:00 a.m. on Main Street between Parrish Avenue and 717 Main Street (south side) and 708 Main Street (north side), and on the western side of Jackson Avenue between Highway 10 and Main Street and that no vehicle shall be parked on the eastern side of Jackson Avenue at any time. Motion carried 3-0. 7.5 Ordinance Amendment: Delay Penalty for Right-of-Way Excavation, Obstruction, Patching, or Restoration Mr. Sandhoefner 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. City Council Minutes Page 4 May 15, 2023 ----------------------------- Moved by Councilmember Grupa and seconded by Councilmember Beyer to adopt Ordinance 23- 11 amending Chapter 66-62, Streets, Sidewalks, and Other Public Places – Right-of-Way Delay Penalty. Motion carried 3-0. 8.1 Updated Park Improvement and Park Dedication Funds Mr. Stremcha presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the following: 1. Lions John Weicht Park Playground  PIF was reduced from $200,000 to $100,000 (cost to replace the current playground)  PDF was increased from $0 to $309,000 (new market value improvements) 2. WTRP Storage Garage  PIF was reduced from $150,000 to $17,600 (the current 2023 tax assessment amount)  PDF was increased from $0 to $132,400 (new market value improvements) 3. Misc. PIF items added to 2023  Security cameras and cabling at Orono Park ($6,500)  Relocate electric utilities and install Sonotube Concrete Forms for the YAC shade structure ($17,800) 4. Misc. PDF future projects  The Ninja Playground was removed from the proposed project list ($280,000)  County Crossings playground postposed from 2024 to 2025 ($125,000) Motion carried 3-0. 8.2 Playground for Lion John Weicht Park Mr. Stremcha presented the staff report. Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Agreement 23-12 for the purchase and installation of a replacement playground at Lion John Weicht Park as outlined in the staff report. Motion carried 3-0. 8.3 ARPA Funds (American Rescue Plan Act) Mayor Dietz expressed concerns about designating the ARPRA funds in case the federal government decides to take them back. He suggested a special meeting for further discussion. Moved by Councilmember Grupa and seconded by Councilmember Beyer to call a special meeting for 6:00 p.m., Monday, May 22, 2023. Motion carried 3-0 9. Adjourn Regular Meeting Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the regular meeting of City Council. Motion carried 3-0. The Council recessed at 6:55 p.m. and reconvened in work session at 6:55 p.m. City Council Minutes Page 5 May 15, 2023 ----------------------------- 10.1 Downtown Beautification (Planters) Deana McLean provided material and stated they would install potted plantings for year-round use. She stated the businesses would change out the flowers and take care of watering as needed throughout the seasons. She requested the city purchase three pots and outlined the areas they’d like to have them located. She stated it shouldn’t affect shoveling operations. The Council consensus was to move forward with the purchase of three planter pots. 10.2 Sandbag Policy Mayor Dietz would like to consider a policy to allow a sandbag program when there are flooding concerns. Mr. Femrite discussed some past issues, such as bag usage, storage of sand and bags, metrics established for who is affected and whether the bags are really needed/used for their intended purpose, and staff roles in making determinations. Chief Dickinson outlined issues with providing sandbags as noted in the handout provided and further questioned how the program would be regulated, the liability issues, and how the program would be monitored. He further commented that other supplies, besides bags and sand, would be needed by property owners, such as tarps and lumber. The Council questioned if it could be an administrative nightmare to implement and how costs would look for such a program. Consensus was to review a program with the full Council. 12. Adjournment Moved by Councilmember Grupa and seconded by Councilmember Beyer to adjourn the meeting of the City Council. Motion carried 3-0. The meeting adjourned at 7:13 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, May 22, 2023 Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Mike Beyer Staff Present: City Administrator Calvin Portner, Assistant City Administrator Joe Stremcha, Public Safety Director Justin Femrite, 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 6:00 p.m. by Mayor Dietz. The Pledge of Allegiance was recited. 2. American Rescue Plan Act (ARPA) Fund Discussion Mr. Portner presented some ideas for discussion as noted in the handout. Council reviewed the various options for expenditures and consensus was to use ARPA funds for the following projects: Cover state contract to market rate purchase of trucks scheduled for replacement $ 144,000 14,000  Include Elk River Municipal Utility vehicles 50,000  Include 2024 vehicle purchases Wastewater Treatment Lift Station Grinders 350,000 City portion of the fiber loop 377,500 Door Controls 75,000 Security Camera Update 95,000 Fire Panels 14,025 Furniture and Things Community Event Center Sport Court in Field House $250,000 Fiber to Library $30,000 TOTAL $1,399,525 3. Motion to Adjourn Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the meeting of the City Council. Motion carried 4-0. The meeting adjourned at 7:04 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk