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4.1. DRAFT MINUTES (2 SETS) 12-07-2015 Closed Meeting of the Elk River City Council Held at Elk River City Hall Monday, November 16, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner and Executive Secretary/Deputy City Clerk Jessica Miller Also Present: Attorney Tom Scott from Campbell Knutson 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 5:50 p.m. by Mayor Dietz. 2. Closed Meeting The purpose of the meeting was to discuss Pinewood Golf Course pursuant to MN Statute 13D.05, subdivision 3(b), attorney-client privilege. 3. Adjournment There being no further business, Mayor Dietz adjourned the closed meeting of the Elk River City Council at 6:34 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, November 16, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Finance Director Tim Simon, Fire Chief T. John Cunningham, Parks and Recreation Director Michael Hecker, Economic Development Director Amanda Othoudt, Street Superintendent Mark Thompson, City Attorney Peter Beck, and Executive Secretary/Deputy City Clerk Jessica Miller 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 6:37 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 11/16/2015 Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the November 16, 2015, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the following consent agenda: 4.1 Minutes  October 19, 2015, Regular  November 2, 2015, Closed  November 2, 2015, Regular 4.2 Check register, check numbers 9826 and 94314-94492 as outlined in the staff report. 4.3 Pay estimates as outlined in the staff report. 4.4 Resolution 15-64 Levying Special Assessments for Connection to City Water and Sewer Lines. 4.5 Resolution 15-65 Levying Special Assessments for Abatement of Ordinance Violations. City Council Minutes Page 2 November 16, 2015 ----------------------------- 4.6 Resolution 15-66 Levying Special Assessments for Unpaid Electric Service. 4.7 Resolution 15-67 Levying Special Assessments for Unpaid Garbage Collection and Resolution 15-68 for Unpaid Sewer Service. 4.8 Resolution 15-69 Levying Special Assessments for Unpaid Water Service. 4.9 Resolution 15-70 Levying Special Assessments for Unpaid Storm Water Utility Fees. 4.10 Hire Zach Behrns for the position of street maintenance operator II effective November 17, 2015, at step A of pay grade 6. 4.11 Hire Shane Fisher as park maintenance worker effective December 4, 2015, at step A of pay grade 6. 4.12 Resolution 15-71 and supporting documents for the Assignment and Assumption of Tax Abatement and Business Subsidy Agreement and Lease Agreement for Envision 3, LLC. 4.13 Proposed special legislation language for advancement of the ERMU Commission membership expansion. 4.14 Massage therapist license for Hannah Melchert to perform massage at John Joseph Salon, 18150 Zane Street NW, valid through December 31, 2016. 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 Mayor Dietz introduced, read, and presented a plaque to Stewart Wilson, Volunteer of the Month for November. He noted the following volunteering accomplishments:  Treasurer for Elk River United Way, Salvation Army of Sherburne County, and Mercy Hospital Foundation  Elk River Rotary Club member since 1979, past President  Served on the Planning Commission, Housing and Redevelopment Authority, City Council, and William H. Houlton Conservation Area Committee  Served on the Independence Day Committee, YMCA Committee, Sherburne County Economic Development Task Force, Vestry and Search Committee at Holy Trinity Episcopal Church  Founding member of Elk River Ducks Unlimited  Guardian Angels Board of Directors for 17 years  Elk River Chamber of Commerce Board of Directors  Elk River girls youth basketball coach  20-year sponsor of Elk River High School National Peace Essay City Council Minutes Page 3 November 16, 2015 ----------------------------- 6.2Introduction of New Employees The following employees were introduced by their supervisors:  Laura Wetch, part-time recreation assistant  John Legatt, maintenance mechanic 7.1. Interim Use Permit: River of Life Church for Temporary Classrooms Mr. Carlton stated no action is required on this item as the applicant has withdrawn the application. 7.2Elk River Lodge and Residential Suites/The Briggs Companies A.Land Use Amendment to Change the Land Use of Property at 17432 Zane St. NW from FAST to Highway Business B.Conditional Use Permit to Allow a Hotel Mr. Carlton indicated the applicant has withdrawn both land use applications and no action is required. 8.1. Agreements with Sherburne County and MnDOT for Purchase of Property (Joplin Street Area) Ms. Othoudt presented her staff report. Moved by Councilmember Olsen and seconded by Councilmember Burandt to approve the purchase of a remnant parcel from Sherburne County and enter into an agreement with the Minnesota Department of Transportation to purchase a surplus easement as outlined in the staff report. Motion carried 5-0. Council recessed at 6:53 p.m. to go into work session. The meeting reconvened at 6:55 p.m. 9.1 Elk River Fire Relief Bylaw Update Mr. Simon presented the staff report. Mr. Pearson highlighted some of the significant changes as outlined in his memorandum. Consensus was to add the bylaws to a future consent agenda for formal approval. 9.2 Park Dedication Fee Update Mr. Carlton presented his staff report. He reviewed a PowerPoint outlining two methods for calculating park dedication. He explained staff’s preferred method is to use the county appraised value because there is no cost associated with administration, it’s straightforward to administer, and it is a generally accepted method in the planning and development community. City Council Minutes Page 4 November 16, 2015 ----------------------------- The other option outlined was for an appraisal study to be completed by an outside firm to establish value for four different land classes. He stated this option is not preferred because of the cost, the need to update the appraisal every few years to verify fair valuation of land, and the time it adds to the development timeline. Councilmember Wagner stated she is in favor of having a cut and dry method of calculating park dedication so developers are aware of the process ahead of time. Attorney Beck explained the 10% park dedication rate has been challenged and the courts ruled the rate constitutional. He added higher percentages have not been challenged but he would be comfortable using the higher rates if other communities such as Lakeville and Burnsville have had success. Councilmember Westgaard indicated the appraisal study method is difficult to run scenarios with due to the variability. He added higher density housing has more impact on the park system and he likes Lakeville’s 12-17% based on density. Mayor Dietz questioned if this presentation has been made to the Parks and Recreation Commission. Mr. Hecker indicated it has not but it can be added to their December agenda. Mayor Dietz stated he is not convinced the park dedication revenue won’t decrease drastically by changing the calculation method. He noted other revenue sources will need to be identified to fund the Park Master Plan. He would like the Parks and Recreation Commission to receive the same presentation and provide recommendations. He favors a higher percentage for higher density residential. Councilmember Olsen suggested keeping the method as simple as possible. Mr. Carlton asked if there was a general consensus on which method the Council prefers. Consensus was for both the county assessed value and the appraisal study method to be left on the table until a final decision is made. This item will come back to the Council after the Parks and Recreation Commission has made their recommendations. 9.3 Cargill Discussion Ms. Othoudt presented her staff report and reviewed a brief PowerPoint. She explained Cargill’s two biggest concerns were employee safety crossing Highway 10 th at 165 Avenue and connecting to city services. She stated she would like to discuss purchasing the Cargill property, a possible land swap opportunity, and ordering appraisals to determine value of both properties. Mayor Dietz questioned if Cargill is open to both an outright land purchase or a land swap. Ms. Othoudt indicated they are. She added, depending on the property’s value, there may not be sufficient funds in the EDA Development Fund to purchase the property outright. City Council Minutes Page 5 November 16, 2015 ----------------------------- Mayor Dietz questioned if Justin is working with Cargill on connecting to city services. Mr. Portner explained if the Council is interested in obtaining the land, connecting may be mutually beneficial. Mr. Portner stated the land swap may not be acre for acre as Cargill’s property is more valuable. Attorney Beck noted extending city water and sewer to the properties may be a negotiating point. Consensus was for staff to continue discussions with Cargill regarding a possible property purchase or land swap and to obtain appraisals on both properties with funding from the EDA Development Fund. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:14 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk