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4.1 DRAFT MINUTES 03-04-2024 Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 20, 2024 Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Special Services Sergeant Andrew Zabee, Senior Planner Chris Leeseberg, Recreation Coordinator Karen Wingard, 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 6:08 p.m. by Mayor Dietz. 2. Pledge of Allegiance: Pledge of Allegiance was recited. A Moment of Silence was held for the three City of Burnsville public servants killed in the line of duty. 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve: 4.1 February 5, 2024, Minutes. 4.2 Check register as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Resolution 24-09 authorizing a transfer from the Capital Outlay Reserve Fund to the General Fund. 4.5 Temporary On-Sale liquor License for Aegir Brewing Company, LLC, as outlined in the staff report. 4.6 Hire Cory Olson as IT Network Specialist effective March 11, 2024. 4.7 Engage Pam Whitmore as legal counsel on employment law issues as outlined in the staff report. 4.8 Senior facility worker position description and hire Sam Hansen to the position effective March 18, 2024. 4.9 Quote from Dahlheimer Construction, Inc. for $55,496 for exterior replacement of the Trott Brook Barn. 4.10 Resolution 24-10 accepting turf donation from the Elk River Baseball Association. City Council Minutes Page 2 February 20, 2024 ----------------------------- 4.11 Amend Multipurpose Facility Commission meeting schedule as outlined in the staff report. 4.12 Resolution 24-11 reducing the value of the Letter of Credit for the public improvements in Miske Meadows Eighth Addition. 4.13 Moving the facility maintenance supervisor position to pay grade 2N effective March 18, 2024. 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 February Volunteer of the Month award to Bob and Lori Barne. He highlighted the following:  Organized Community Hope Fest.  Involved in numerous local fundraisers.  Conducted many seminars from dealing with personal traumas to setting personal boundaries.  Elderly assistance with financial, marriage, and health issues.  Interventions for treatment.  Board members for Launching Pad of Elk River.  Teen Challenge volunteers. 6.2 City Prosecutor and County Attorney Annual Update Prosecuting Attorney Scott Baumgartner highlighted the statistics in his handout. He noted there was an increase in domestic assaults and thefts but DWI’s have decreased. He stated these changes could be a sign of the times with coming out of a pandemic and the inflation that followed. The Council asked if there was any advice that could be given to businesses to limit theft or catch the perpetrators and if there are statistics on how many are committed by Elk River residents. Mr. Baumgartner noted most businesses follow their corporate policies and sometimes cameras are used to catch thieves after the crime. He further noted a lot of the thefts come from people who live outside the community who make a loop to hit multiple stores. Sherburne County Attorney Kathleen Heaney thanked Mr. Baumgartner and the police department for their work. She stated she has 1,600 active cases as of January 2024 and there is still a backlog from covid. The Council thanked both attorneys for their work and how smoothly things are run. City Council Minutes Page 3 February 20, 2024 ----------------------------- 7.1 Preliminary Plat: Elk River SBC Addition for Venture Pass, LLC 7.2 Spectrum High School Planned Unit Development, 17796 & 17823 Industrial Circle  Zone Change: Business Park to PUD  Conditional Use Permit: Establish a PUD Mr. Leeseberg presented the staff report for both items. Mayor Dietz opened the public hearing for both items. There being no one to speak to them, Mayor Dietz continued the public hearings to March 4, 2024. Moved by Councilmember Wagner and seconded by Councilmember Beyer to continue Item 7.1 to March 4, 2024. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Grupa to continue Item 7.2 to March 4, 2024. Motion carried 5-0. 7.3 Interim Use Permit: Residential Occupation that includes Outdoor Storage for Josh Clark at 21144 Twin Lakes Road Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Josh Clark, 21144 Twin Lakes Road, stated his preference is to do landscaping and not the berming recommended by the Planning Commission. He made the following remarks:  The field on the back side of his property is being used for equipment storage.  The rural atmosphere of the area will be preserved.  He doesn’t use the local streets for his business.  There are other similar businesses in the area so the business would not be uncharacteristic of the neighborhood.  Per Sherburne County, property values have increased in the area which is contrary to what the neighbors stated.  A lot of complaints started when he began making improvements to his property, not from his business operation.  He is a small business and can’t afford commercial property.  The complaint from neighbors regarding dumped materials was from the previous owner that he cleaned up.  He worked with neighbors on their light concerns and has made changes to reduce brightness. Mayor Dietz closed the public hearing. The Council concurred with allowing landscaping over berming. City Council Minutes Page 4 February 20, 2024 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve Interim Use Permit, Case No. IU 23-01, with the following conditions to satisfy the standards set forth in Section 30-654: 1. Schedule a site visit with the building official and fire marshal to review the grounds and complete any required code updates. 2. The designated outdoor storage area shall be limited to the area shown on the staff site plan dated February 20, 2024. 3. The entire approved outdoor storage areas must be paved with an approved surface in accordance with section 30-900(a). 4. Where screening is not required, barrier style curb B612 or large landscaping boulders shall be installed to define the limits of the approved outdoor storage area. 5. Business materials, equipment, & vehicles shall not be stored outside of the approved area. 6. Business materials/equipment (excluding vehicles) shall not be higher than six (6) feet in the storage area. 7. Hours of operation shall be limited to 7:00 a.m. – 7:00 p.m. Monday through Saturday. 8. Company and employee vehicles/equipment shall be limited to idling as Section 46-34 (a)(29) outlines. 9. Outside of routine maintenance/repair, there shall be no major repair/maintenance of company vehicles/equipment on site. 10. No structures shall be utilized for the business, including storage and maintenance/repair of vehicles and equipment. 11. No direct access from the outdoor storage area to the public road shall be allowed. 12. The retaining blocks and concrete pads/footings shall be removed when there is no longer a viable landscaping business on the property. 13. An amendment to this Interim Use Permit will be required for the use of structures and for future expansions/additions not shown on the staff site plan dated January 23, 2024. 14. Install 50-75 feet of berming south of the house/garage and north of the house, per section 30-807, as shown on the staff site plan dated February 20, 2024. This shall be completed by June 1, 2024. 15. A detailed landscaping plan, to scale, shall be approved by city staff. 16. City approval of all required grading permits. 17. Property shall comply with the rules of Chapter 23 of The Minnesota State Fire Code regarding fuel dispensing station. A detailed plan shall be provided showing how this is addressed. Motion carried 5-0. The Council directed staff to review other neighboring communities to see if they exceed the State Statute requirements for public hearing notice distances. 7.4 Easement Vacation: PID 75-00136-2400, Us Homes Inc. Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this item, Mayor Dietz closed the public hearing. City Council Minutes Page 5 February 20, 2024 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Resolution 24-12 granting a petition to vacate a drainage, utility, and right-of-way easements, Case No. EV 24-02. Motion carried 5-0. 7.5 UAV/Drone Policy  Receive and Review Public Comment  Approve Policy Mr. Zabee presented the staff report. He noted there were no comments recieved. Mayor Dietz opened the item up for public comment. There being no one to speak to the matter, Mayor Dietz closed the comment period. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the Elk River Police Department UAV Policy. Motion carried 5-0. 8. General Business There was no General Business. 9. Adjourn Regular Meeting Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adjourn the regular meeting of the City Council. Motion carried 5-0. The regular meeting adjourned at 6:54 p.m. Mayor Dietz called the work session to order at 6:59 p.m. 10.1 Farmer’s Market Plastic Bags Councilmember Wagner stated she would like to see more sustainable practices implemented to reduce plastic bags at the market. Ms. Wingard outlined the many options staff has considered and continues to review but there currently hasn’t been a great solution vendors would be happy to use. She noted our market has done the most in being more sustainable compared to other communities and has yet to find good solutions to this issue. The Council and staff discussed using compostable bags as an available option and incentivizing the consumer versus targeting the vendor. It was suggested that paper bags be considered too. The Council concurred to have the market continue to strive toward reducing plastic bags at the market. City Council Minutes Page 6 February 20, 2024 ----------------------------- 10.2 Ordinance Amendment and Bylaws: Boards and Commissions Ms. Allard presented the staff report. It was noted the Parks and Recreation Commission would be reviewing their purpose and duties. The Council asked that Elk River Municipal Utilities review their purpose and duties too. This item will come back for formal approval later. 10.3 Volunteer Appreciation/Council Meet and Greet Ms. Allard presented the staff report. The Council concurred on the date for the event. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to close the worksession. Motion carried 5-0. The meeting adjourned at 7:20 p.m. 11. Closed Meeting – Nature’s Edge Members Present: Mayor Dietz, Councilmembers Grupa, Beyer, and Wagner Members Absent: Councilmember Westgaard (due to conflict of interest) Staff Present: City Administrator Cal Portner, Economic Development Director Brent O’Neil, and City Clerk Tina Allard Prior to closing the meeting, the mayor read the following statement: “The Council will be holding a closed meeting pursuant to MN Statute 13D.05, Subdivision 3. The Council will develop or consider offers or counteroffers for sale of city owned property PID 75-929- 0020, Outlot B, Nature’s Edge Business Center Fourth Addition.” The Council held the closed meeting to discuss the above-mentioned subject. 12. Motion to Adjourn Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting of City Council. Motion carried 4-0. The meeting adjourned at 7:37 p.m. ___________________ John J. Dietz, Mayor ___________________ City Council Minutes Page 7 February 20, 2024 ----------------------------- Tina Allard, City Clerk