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4.1 DRAFT MINUTES (2 SETS) 02-21-2017 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, February 6, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City,Administrator Calvin Portner, Fire Chief T.John Cunningham, and Recording Secretary,/Sr. Administration Assistant Jennifer Johnson I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City,Council was called to order at 6:32 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 02/06/17 Agenda, E.. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the February 6, 2017, agenda. Motion carried 5-0. 4. _Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 January 17, 2017, minutes. 4.2 Check register, check numbers 9882-9885 and 99977-1000247 as outlined in the staff report. 4.3 Special Event Permit for the Elk River Area Chamber for Shiver Elk River on February 10—11, 2017, subject to the following conditions: 1. The event planner is required to notify surrounding businesses, residents, and organizations. The city will provide a template of the notice that must be distributed and a list of the property owners to notify. Event planner must submit an affidavit that the notice was distributed. 2. Tents must meet applicable state and fire building code requirements. No stakes shall be pounded into the pavement. Applicant is responsible for contacting the fire marshal at City Council Minutes Page 2 February 6,2017 ----------------------------- 763.635.1110 or 763.238.3489 to schedule an inspection prior to opening of the tents. 3. Applicant shall be responsible for garbage clean-up immediately following the event. 4. Walkers/runners are to utilize sidewalks, trail systems, or road shoulders throughout the entire route. No road closures will be permitted. It is each runner's responsibility to ensure the streets/intersections are safe prior to crossing. 5. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least three weeks prior to the event to arrange for police services and advise who will be guarding the hole in the ice on Lake Orono. 6. Race marshals shall be provided at the intersections as outlined in the application. 4.4 Temporary On-Sale Liquor License to the Elk River Rotary Club for the Taste of Elk River event scheduled for Thursday, May 18, 2017, with the following condition: ■ Alcohol must be limited to an area enclosed by fence with secure, controlled access. Wrist-band control is required. 4.5 Hire the following on-call firefighters, effective February 8, 2017: ■ Steneco Green ■ Spencer Specht ■ Matthew Wilson Nh�., X 4.6 Developer Agreement for Miske Meadows First and Second Addition as outlined in the staff report ... 4.7 Heritage Preservation Commission Annual Report as outlined in the staff report. 4.8 Accept Public Improvements constructed as part of the development known as River Park Third Addition as outlined in the staff report. 4.9 Purchase of a Toro Groundsmaster 5910 wide area mower through MTI Distributing with the state contract pricing of$104,181.91 with funds from the Capital Improvement Fund. 4.10 William H. Houlton Conservation Area Farm Lease Agreement 2017-01 to allow for continued agricultural purposes on city property as outlined in the staff report. Motion carried 5-0. S. Open Forum No one appeared for Open Forum. 6.1 County and City Prosecutor Update Sherburne County Attorney Kathleen Heaney and City Prosecutor Scott Baumgartner provided an update of 2016 prosecution services, as noted in the staff p 0 W I R 1 9 ® r NATUREI City Council Minutes Page 3 February 6,2017 ----------------------------- report, and Ms. Heaney provided a handout with additional information to the council. 6.1 Proclaim February 13, 2017, as Mike Crepeau Day in the City of Elk River Mayor Dietz read and presented a plaque to retiring Firefighter Mike Crepeau and announced February 13, 2017, as Mike Crepeau Day in the City of Elk River. Chief T.John Cunningham spoke of Mr. Crepeau's accomplishments and thanked him for his service. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to proclaim February 13, 2017, as Mike Cre eau Day in the City of Elk River. Motion carried 5-0. 7.1. Public Hearings There were no public hearings. 8.1. Discuss Work Session Items Mr. Portner presented the staff report. No items were added to the work session. 9.1 Council Liaison Updates Council provided updates on the various oards. Council recessed at 7:01 p.m. in order to go into work session. Council reconvened at 7:07 p.m. 110 10.1 Commission Interviews The council interviewed applicants for various commission openings. Moved by Councilmember Wagner and seconded by Councilmember Olsen to appoint Jason Hoskins as Energy-Related Business Representative to the Energy City Commission for a three-year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to appoint Lance Lindberg and Debra Mortensen to the Heritage Preservation Commission for a three-year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. P 0 W IREU 0Y NAT- UREI City Council Minutes Page 4 February 6,2017 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Ovall to appoint Brian Balabon (as At-Large Representative) and Brian Ballenger (as Elk River Youth Hockey Representative) to the Ice Arena Commission for a three-year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. Moved by Councilmember Olsen and seconded by Councilmember Ovall to reappoint Mike Niziolek to the Parks and Recreation Commission for a three- year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Eric Toth to the Parks and Recreation Commission for a three-year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 3-2. Councilmembers Ovall and Wagner opposed. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to reappoint Jill Larson-Vito and Alexander Feinstein to the Planning Commission for a three-year term beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Olsen to reappoint Al Nadeau to the Utility Commission and to appoint Mary Stewart to the Utility Commission, both for three-year terms beginning March 1, 2017, and expiring February 28, 2020. Motion carried 5-0. 10.2 Spectrum School Expansion It Mr. Portner presented the staff report. He referenced a letter he received from Dan DeBruyn of Spectrum High School earlier that afternoon,which outlined Spectrum's intent to purchase the building and property located at 17823 Industrial Circle NW to fulfill their plans to expand facilities within the business park. Mr. Portner indicated staff had exhausted all other conceivable opportunities available by the city during many discussions and meetings over the past few months and asked for discussion regarding Spectrum's desire to achieve their proposed solution to their expansion needs. He also asked for discussion and direction from the council for their proposal to amend the city's ordinance to disallow institutional uses within business parks, and noted would have no impact on Spectrum's current operations as their operation of a school institution would be a legal non-conforming use. Mayor Dietz asked about the Economic Development Authority-owned property in the business park as still being an option for Spectrum. Councilmember Westgaard noted moving Spectrum from the Industrial Park to the Business Park doesn't solve the school's entire problem as both locations have similar challenges and concerns with location, traffic, and interaction with other p0WIRIORr NREI City Council Minutes Page 5 February 6,2017 ----------------------------- businesses. He didn't feel it was an ideal situation and felt it just "kicks the can down the road." Mayor Dietz discussed a meeting he had with Bryan Provo about the possibility of his donation of a piece of property adjacent to Mr. Provo's business to Spectrum. Dan DeBruyn,incoming Spectrum Executive Director,indicated they had met with Bryan Provo and discussed concerns raised during a preliminary review of the land donation, such as the property's steep slope towards a pond,power lines, and challenging access points to the high school parking lot area. He stated he wanted to reiterate what Spectrum was really looking for in regard to seeking solutions for their expansion plans. He introduced Craig Kepler, an attorney representing Spectrum, who outlined the reasons for the property located at 17823 Industrial Circle NW, as Spectrum's best option for their expansion of the 7ffi and 8"'grade classrooms as outlined in the submitted letter. He discussed the financial components to this expansion and its impact on the school. He indicated the necessity of recouping invested funds in the current Spectrum 6`h grade facility, should the school have an affordable opportunity to build a new facility, noting the resale concerns of a site set up for a school. Rick Peterson, Facilities Director for Spectrum,discussed the pros and cons of their review of two parcels that city staff reviewed with Spectrum as possibilities. Mr. DeBruyn indicated they too were surprised to hear tonight the 13-acre parcel was no longer available for consideration, commenting they understood it was still available. He discussed the financial impact of purchasing land for expansion,noting the high cost was not feasible for their school, and noting the money already invested in the current buildings they use. He outlined the positives of purchasing the building and property located at 17823 Industrial Circle NW, currently owned by ;CPE Exchange 26404,LLC, and believed this would be the best option for them. i'Councilmember Wagner expressed concerns regarding the potential for the city to have three industrial park building sites not generating taxes and in the future, difficult to offer as a resale opportunity when set up as a school. Mr. Kepler stated once schools are in place,they tend to stay in place for a long time, and their incurred debt is a 30-year debt. He stated although the buildings are off tax rolls, the school employs quite a few people, many who live in Elk River, and contributes to the city in ways other than property taxes. He stated the buildings are also subject to special assessments. Mr. DeBruyn noted Spectrum has paid approximately$250,000 in PILOT fees to the city, equating to approximately 5 years of property taxes on both of those buildings, and would most likely pay PILOT fees on the additional building. Councilmember Ovall noted his concerns regarding connecting traffic access through the business park. He asked for Spectrum's proposed student grown plans. POWERED 9r UREJ City Council Minutes Page 6 February 6,2017 ----------------------------- He agrees that Spectrum has been a benefit to the city in many ways but is the city perpetuating the problem by allowing Spectrum to expand again in a business park. Mayor Dietz stated if the council allows them to purchase this building to operate as a school; the council will still work to pass an ordinance disallowing further schools to operate in a business park. He stated Spectrum should understand this and if they reach full capacity in this newest building, Spectrum is aware their future expansion needs cannot be met by expanding in the business park building. Mr. Kepler noted the building has been vacant for a very long time and not generating economic activity in the city. Councilmember Westgaard commented that just because the building has been vacant doesn't mean the taxes haven't coon to be paid on the property and the building. Mayor Dietz stated he doesn't buy `e"argument that the buildings in the business park are sitting vacant because of Spectrum school. He stated he doesn't feel he should abandon Spectrum since he was part of the original council agreeing to allow the school to operate in a business park. He stated this isn't kicking the can down the road;he stated he felt"it's stoppm* the can andNth, lid is on forever," and he doesn't feel there is any other solution., Councilmember Westgaard stated things are different now than they were 10 years ago. He stated at that time,the city was able to help the school in a collaborative effort to help and the school didn't anticipate such high growth. He stated the council now would find it very difficult to deny an application submitted by the school to continue operating in a different business park location given the irum , ,,;ees of what.the city l: owed i the past. Councilmember Wagner was not in fa a of the 13-acre parcel scenario and is very d to hear the school has found a property they will be the best fit for them. Mr: n7 eBruyn thanked the staff and council in helping Spectrum seek a solution for their expansion needs. He indicated Spectrum will present a conditional use permit application to the city in the near future. II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 8:12 p.m. Minutes prepared by Jennifer Johnson. John J. Dietz,Mayor l F 0 W I R 1 0 0 Y UREJ City Council Minutes Page 7 February 6,2017 ----------------------------- Tina Allard, City Clerk p 0 w I R 1 0 0Y UREJ City of Elk Special Meeting of the Elk River City Council River Held at the Elk River Public Safety Facility Wednesday, February 8, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Chief of Police Ron Nierenhausen, Fire Chief T.John Cunningham, Planning Manager Zack Carlton, City Engineer Justin Femrite, Community Operations and Development Director Suzanne Fischer, City Clerk Tina Allard, Economic Development Director Amanda Othoudt,Parks and Recreation Director Michael Hecker, and Executive Secretary/Deputy City Clerk Jessica Miller I. Call Meeting to Order Pursuant to due call and notice thereof, meeting of the\RiveCouncil was called to order at 8:00 a.m. by Mayor Dietz. 2. Visioning and Goals Mr. Portner discussed workshop goals and expectations. He stated one of the goals is to develop a mission statement. He asked the questions "What do we want?" and "Where do we want to be?" Council and staff took the Pace Palette color assessment. Upon completion of the assessment, Council and staff divided into groups based on their assessed color and scussed joys,values, strengths,irritations, aggravations, and stressors. 1k Mr. Portner reviewed results of an employee survey as included in the packet. Mr'Tortner led Council and staff through a SWOT analysis and the following were identifie Strengths ■ Progressiv ■ Diversity ■ Bond rating ■ Staff quality ■ Park system ■ Geographical location ■ Image public safety ■ Homegrown companies (continue to prosper) ■ Historical reference (identity) ■ Public service (overall service to community) City Council Minutes Page 2 February 8,2017 ----------------------------- ■ Diverse revenue streams ■ Security- IT ■ Technology ■ Collaboration (community) ■ Infrastructure capacity ■ Contentment (ER residents) ■ Volunteers Weaknesses ■ Diversity ■ Turnover (staff) ■ Geographic size/tax base ■ Nimby—we have things others don't want ■ ER perceptions/historical frustrations ■ Business friendly (perception is we are not) ■ Metro vs. Greater MN (someti ,es;suburb, sometimes ■ Taxes/cost of living ■ Vision ■ Plans—staying on tas Opportunities ■ Transportation Improvements ■ Growth (res/comm) Development ■ River access, ■ Diversity ■ Learn other cities success ■ Capture ideas business world ■ Seniors/changing demo' ■ Social media (get out more in ■ Regional job growth Redevelopment/business expansion (people working nearby living here) Threats ■ Diversity ...... ■ Changing demographics ■ Transportation (if not maintained properly) ■ Growth (if no plan) ■ Low municipal liquor ■ Loss ERMU ■ Loss key personnel (pay issues) ■ Dayton/Otsego/St. Michael/Albertville/Rogers (school district decisions) ■ Social media/audience ■ Capital assets (sustainable?) ■ Council/Legislative turnover (continuity of priorities) ■ Diverse revenue ending UREJ City Council Minutes Page 3 February 8,2017 ----------------------------- Council and staff also identified draft core value statements as follows: ■ Welcome a revolutionary spirit that fosters a culture of exceptional service and community participation. ■ Nurture resourcefulness to leverage strengths and drive community prosperity. ■ Cultivate/Revolutionize an environment to encourage and inspire diverse and meaningful engagement. Business Friendly Mr. Portner asked for interpretations of business friendly. Council discussed the following: ■ Process should be firm, fair, and consistent. ■ Balance between large and smaller businesses. Smaller operations may need more assistance working through city processes. Process shouldn't be easy but shouldn't be so difficult to turn people away. Structure an application process based on whether or not an applicant has been through the process before and providing additional guidance to those who need it. ■ Constant review of internal processes for improvement. ■ Documentation. ■ Empathy. Mr. Port"qu-'e-stioned licenses and permit processes..are fairly consistent among cities. Mr. Fortether roo tops (housing developments) or jobs are more important to bring to Elk River? Councilmember Ovall stated if Elk River wants to continue to be a leader it should continue to create industri evelopment and develop manufacturing, technology, and medical opporttulities. Beautcation Chief Nierenhausen exp wined the direct correlation between public safety and blighted properties. He would like to see the Police and Fire and Building Services divisions work together. Chief Cunningham stated Building and Code Enforcement currently operate reactively and not proactively. Mr. Portner mentioned implementing Point of Sale inspections. Mr. Portner wrapped up the meeting. He stated he will distribute the SWOT analysis information. He stated the next step is to identify and work similarities into goals and identify tasks within the goals. UREJ City Council Minutes Page 4 February 8,2017 ----------------------------- 3. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 3:53 p.m. Minutes prepared by Jessica Miller. John J. Dietz,Mayor Tina Allard, City Clerk p 0 w I R 1 0 0 Y UREJ