4.1. DRAFT MINUTES 02-01-2016 - Laserfiche WebLink

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City Council Minutes Page 3 January 19, 2016 ----------------------------- Commissioner Westgaard indicated this revised ordinance as presented is consistent with what was discussed at a previous worksession. Councilmember Wagner praised Ms. Allard for her tedious and thorough review of this ordinance and appreciated her efforts in revising and bringing it up to date. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 16-02 repealing Chapter 38, Article VI and replacing it was a new ordinance regarding licensing and regulation of therapeutic massage of the City of Elk River, Minnesota, City Code, as outlined in the staff report. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Councilmember Wagner to adopt Resolution 16-06 approving notice of summary publication of Ordinance 16-02, an ordinance repealing Chapter 38, Article VI and replacing it with a new ordinance regarding licensing and regulation of therapeutic massage of the city of Elk River, Minnesota, City Code, as outlined in the staff report. Motion carried 5.0. 8.2 Request by Ronald Dargis and James Burgoyne to Vacate the Portion of York Street located North of Main Street NW Mr. Leeseberg presented the staff report. He indicated staff is recommending denial of the proposed street vacation as laid out in the resolution of denial included in the staff report. He stated along with the findings of fact as outlined in the resolution of denial, staff didn’t identify the street vacation request was in the public’s interest, the Department of Natural Resources (DNR) opposed the vacation, and the Parks and Recreation Master Plan identifies connections to the rivers/water as an important community interest, and because of these facts recommended to the council the denial of the street vacation. Counsellor Beck stated that per the Council’s request, he drafted two resolutions; one granting the applicant’s request to vacate the street with language for the findings of fact provided by the applicant’s attorney; the other resolution denying the request for street vacation with his suggested findings of fact. He indicated the Council should review the findings of fact to consider whether some findings need to be stricken or supplemented before passing either resolution. Mayor Dietz stated he was criticized for having read a prepared public statement at the last meeting, saying he didn’t listen to what the people were saying or cared about the petition. He stated he was aware of the petition but he didn’t feel this request was a popularity contest but was really about the law. He stated the law states there has to be a public good for the city to give up public property. He said he had also heard