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11-16-2015 CCMNlembers 111-C'SCIII:: Maa,or Dietz, CoLinclfiiienibers Olsen, BUraiidt, \VUstga'.Ird, all(l Wagner 1\1cillbers Absent: NorIc Slaff ])I-eselit: Cjlr Adi-tunistrator Cil%,M Pormcr, I'Luining NI-in,,iget Z,,ick Carlton, I inaiice Director "fins Si.111.011, Fire Clhlef'Y.John Ctinnin&ain, Parks ,ui(i Rccre,,Itioti Dircctor 1\11chael Hecker, F.cononuc Develol)ment Director �\iiian&i OtlIOLKit, Street SLi1xi-intenselit INJark 'I'll orn]-) S on, (,to, i,,ttornc.y l')cter Beek, �tiicl Exccutive Sccrctar��/Dqnjt�- C'T, Clerk Jessica Miller I all eeting to Order ])tirsti,.mt to dtic c.,.ifl .ind notice thereof, the meeting of the Elk MATer C"Ity Coullcil \%-,is cd1c.d to order qt 6:37tn. lav Nla);or 1-')ictz, P T-ic: I'ledge of ,'\Ileglflflce avis rec'IrCLI. 3;. Consider I 1/ 16/2015 Agenda lig m,ed by Councilmember Wagner and seconded by Councilinember Westgaatd to approve the November 16, 2015, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilnnember 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 Abaternent of Ordinance Violation,,,. City Council N1111(ites 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 each Behms for the position of street maintenance operator 11 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 ForurM No one al -.)p eared for Open Forurn. I 1 111 1:111 111 illl!lllllllll 1111111 Jill III III 111 1:11111 111111 11 111111 1711 1 . 111 , - , 11111i Mayor Dietz introduced, read, and presented a plaque to Stewart Wilson, Volunteer of the Mouth for Novernher, fie noted the following volunteerii-.ig,,iccoinplisliii-ici-it,,,,: Treasurer for F1.1k River t.Inited Way, Salvation Army of Sherburne County, and Nlercy 1--lospital Foundation • f"Ilk RL'Vcr Rotary Club i-nerriber since 1979, past- president • Served on the planning Comni.ission, Housing and Redevelopment Authority, City COUrl and William. 1-4. 1 loulton, Conservation Area Cointiliftee • Served on the Independence Day Conin-attee, YMC,A Comt-nittee, Sherburne (;aunty 1.11conoinic Development Task Force, Vestry and Search ('..0minittee at Holy Trinity Episcopal Church • founding member of Elk River Ducks (Jnlimited • Guardian Angels Board of Directors for 17 years • E]k River Chamher of Con-imerce Board of Directors • E lk River girls youth I)asketl,)all coach • 20 -year sponsor of Elk River High School National Peace Essay =p 0 IN I R I 1 5 V 4ATUREI V":iW9 On- 41catild Minutes Rage 3 \c,wemher 16, 2015 6.2 Introduction of New Employees The following employms i%,cry introduccol by their sUpervisOrs: Laura Werch, 1 -mi -t -tin -re recreati(Al assistalit fi,rhri Legatt, inaintenarice riicchanic 111111 1111111111 111111 �� 11 All 1� rr 1\11% Carltoll stated 1-10 action is required on this iten-i ais the alalalicant has \%,Ithdra\vn the appficqtlori, 7.2 Elk River Lodge and Residential Suites/The: Briggs Companies A. :Land Use Amendment to Change the Land Use of Property at 1743�2 Zane St. NW from FAST to Highway Business B. C oi-r d 1 tio, TaWsleA:"�jarif-to�ll lo tit a �V!otel Mr. C..9r1tot7 indicated the app-)hcant 11"Is w-Ithi.1mvii hath lan(i iise applications arid iio ac t I or) is reqUired, 8. 1. Agreements with Sherburne County and MnDOT for Purchase of Property (Joplin Street Area) '\4s. Othoudi lircscrited het Stiff tCpOttl Moved by Councilinernber Olsen and, seconded by Cr" uncilitnernber Br randt to approve the purchase of a rernnant parcel frorn Sherburne County and enter into an agteetnent with the Minnesota, Department ofTransPortation to purchase a surplus easerrient as outlined in the staff report. Motion carried 5-0. ("JAII.101rccessed at 6:53 to go into w0rk Sessioll. The rrlcutmp recmwenccl at 6:55 p.ii-i. I :ppil 1111111111rw j Mr� Siirioii prcscriteci the slaff I-eport. Mr. Pearson highlightc(I solne of the significant changes its outhiied III his Consetistis \%.,as to add the Int' 2\VS [C) 'I fUtUte C011SCI7t ',Igenda for formal alipr(wal. XE3= Mr. ("arltoti prc:senteci his staff report. I le rcv.1ewed .i Powerl)(mir outlining two metho(Is for calculating p,.irl� de(ficatioll. I Ic exillairico] staff's 1-)rcfr1rrc(I inctho(i is to I.isc the c(AII10 allpt-aiSCd hM,111SC there is 111) Cost Assochitect with administration, it's siraightforwaItd to adi-ninistcr, arid it is a gencnilly accelited inethoti III HIC pls11,11rilig'."ind developrymit cornnuinitlt:, City Cooncil Nfinutes November 16, 2015 Page 4 'Fhe other option outlined was for air appraisal stud), to be completed by an outside firm to establish value for four different ],and classes. FIC 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 tirne. Attorney Beck explained the I 0('/'�) park dedication rate has been challenged and the courts ruled the rate constitutional, lie added higher percentages have not been challenged but lie would be comfortable using the higher .rates if other corratriunities such as Lakeville and Burnsville have had success, ("ouncili-nember Westgaard indicated the appraisal stud),,, 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%o based on density. Mayor Dietz questioned if this presentation has been made to the Parks and Recreation Comnuisslon. 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 Nvon't decrease drastically= by changing the calculation method. He rioted other revenue sources will need to be identified to fund the Park Master Plan. 11e would like the parks and Recreation Commission to receive the same presentation and provide recommendations, He favors a higher percentage for higher density residential.. Clounciltnember Olsen suggested keeping the method as simple as possible, Mr. (..,arlton. asked if there was a general consensus on which method the Council prefers. C'onsenSLIS Was for both the county assessed value and the appraisal study i-nethod to be left on the table until, a final decision is made. Phis Item will corne back to the Council after the Parks and Recreation Commission hasmadetheir recommendations. Ms. Othoudt presented her staff report and reviewed a brief I)owei-Point. She explained Cargill's two biggest concerns were employee safety cross�Lng Highway 10 at 165"' Avenue and connecting to city services. She stated she would like too discuss purchasing the. Cargill property, a j-,)ossible land swap opportunity, and ordering appraisals to determine value of both properties. Mayor Dietz questioned if Cargill is of-.)cn to both an outright land purchase or a land swap. Ms. Othoudt indicated they are. She added, depending can the property's value, there may not be sufficient- funds in tire J --DA Development Fund to purchase the property outright. Fag; FRED 91 NArURE �4 - IA City C"Oullcil NIMUICs Plgc5 Nowember'16, 2015 Nlayor Dietz cluestioned lf.justin is workitig w'lth Cargill on connectilIg to CIN services, 'Mr. Portner explaitic.d if thc Council is intercsted M obtaining the hind, connecting ng rnay be mutually beneficial. '\fr. Partner stated the land swap mq'y not be acre for ".Icrc as Caregilj's property is more zkttOrl-)C)- BCCk 110t -Cd CXtending city water and sewer to the properth's rnay be 2 negotiating point, (',OtISCIISUS XVIS for stafftaa C0111,111LIC. discussions -with Cargill regarding a possible property purchase or hind swap and to obtain appraisals on both prolvales with funding from the I 'DA Developtnent Fun& 'HICIV being no ffirrher busilless, MaYor Dietz adjourticd the meeting of the l,"lk River COLIncil at 8:14 p,m. .NfiTlUtCS' prepared by Jessica Miller. I ilia A Hard, C.,tty> (.At-y>Clerk