02-06-2017 CCMMeeting of the Elk River City Council
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
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 Councihnember
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
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February 6, 2017
Page 2
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 McKeman
(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
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.
5. 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
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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 Crepeau 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 boards.
Council recessed at 7:01 p.m. in order to go into work session.
Council reconvened at 7:07 p.m.
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.
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February 6, 2017
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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 Match 1, 2017, and expiring February 28, 2020.
Motion carried 5-0.
Moved by Councihnember Olsen and seconded by Councilmember Ovall to
reappoint Mike Niziolek to the Parks and Recreation Commission for a three-
year term beginning Match 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 Councihnember
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 Councihnember Olsen to reappoint
Al Nadeau to the Utility Commission and to appoint Mary Stewart to the
Utility Commission, both for three-year terms beginning Match 1, 2017, and
expiring February 28, 2020. Motion carried 5-0.
10.2 Spectrum School Expansion
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.
Counciltnember 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
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February 6, 2017
Page 5
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 7' and 8's 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 6t' 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.
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.
Mx. 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.
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February 6, 2017
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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 continued to be paid on the property and the
building.
Mayor Dietz stated he doesn't buy the 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 stopping the can and the 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
circumstances of what the city has allowed in the past.
Councilmember Wagner was not in favor of the 13 -acre parcel scenario and is very
glad to hear the school has found a property they will be the best fit for them.
Mr. DeBruyn 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.
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City Council Minutes
Febmary 6, 2017
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Tina Allard, City Clerk
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