4.1 MINUTES (2 SETS) 11-06-2017
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 16, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, City Engineer Justin Femrite, and City Clerk Tina
Allard
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 6:15 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 10/16/2017 Agenda
Staff requested to add Item 4.6 regarding a reimbursement agreement.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the October 16, 2017, agenda as amended.
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 October 2, 2017 Minutes
4.2 Check register, check numbers 9912 and 103427-103606 as outlined in
the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Ordinance 17-21 assigning a new street address for the property
identified as PID # 75-776-0405.
4.5 Development agreement for Trace Heights Second Addition.
4.6 Reimbursement Agreement 17-29 with Wayne and Teresa Scott
Motion carried 5-0.
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October 16, 2017
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5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz introduced and presented a plaque to Patrick and Cindi-Edwards Plant
as Volunteers of the Month for October. He noted many accomplishments including
the following:
Various board seats for Lake Orono Association
Originated “Where City and Country Flow Together” tag line
Lead the creation of the Lake Orono Management Plan
Volunteers for city clean up days
Raised $185k for needy families/students through Symphonic rock
Curly leaf pondweed cleanup efforts
7.1 Ordinance: Commercial Kennels in Highway Commercial District
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to adopt Ordinance 17-22 amending Section 30-1024, C-3 Highway
Commercial District of the City of Elk River, Minnesota, City Code.
Motion carried 5-0.
8.1 Ice Arena Project Team
Mr. Femrite presented the staff report.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to add the following representatives to the design team for the arena facility:
Parks and recreation commissioner
Chamber member representative
At large community representative
Motion carried 5-0.
There was discussion about the role of a construction manager and how it differs
from an architect.
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October 16, 2017
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Mayor Dietz noted although he voted against moving forward with this project,
ultimately the Council voted to move forward so he will continue to vote on all the
processes for the project.
Councilmember Ovall expressed the same comments.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the request for proposal for construction manager services.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to obtain quotes for commissioning services.
Motion carried 5-0.
8.2 Gaming Premises Permit Restriction
Mr. Portner presented the staff report.
Council directed staff to move forward with an ordinance amendment.
8.3 Local Option Sales Tax Consideration
Mayor Dietz discussed the process for implementing the local sales tax option. He
expressed the following:
Main concern with the sales tax was whether vehicles were taxed but found
they would be exempt.
The local sales taxes currently being collected by surrounding communities.
The amount of revenue generation.
Sales tax would be fairer than a property tax. He provided specific examples
of how property taxes would be affected if utilized.
With a local sales tax everyone helps pay for the project.
Seniors buy fewer goods so they would pay less.
Mayor Dietz stated he didn’t expect any decisions tonight but wanted to evaluate the
option. He further suggested looking beyond the arena, such as park maintenance.
Councilmember Westgaard questioned if the tax could be collected for non-specific
uses.
Councilmember Ovall felt a sales tax would be regressive. He stated it is an undue
burden and would put businesses at a competitive disadvantage but at the same time
neighboring communities are utilizing it. He stated property owners still have to pay
the tax but noted this option does get passed onto tenants.
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October 16, 2017
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Councilmember Olsen concurred with Mayor Dietz. He noted the property tax was a
common concern heard among seniors during the referendum. He stated this may be
a better solution and seniors may be more open to accepting it.
Councilmember Westgaard stated he didn't realize the sales tax could bring in this
amount of money and felt it was substantial enough that Council should evaluate it.
Councilmember Ovall questioned if the city is at the point where it has approved
spending $25 million to complete the arena project. He stated he hasn’t received any
positive feedback for remodeling the arena from any constituents. He noted he gets a
lot of comments from people thanking him for not voting for it. He expressed
concerns with continuing to move forward when the city does not have a funding
source established yet.
Councilmember Olsen discussed the urgency needed for planning purposes of the
arena noting all the past band-aid expenditures to keep it running.
Mayor Dietz stated Council decided to move forward with the arena remodel at its
last meeting.
Mr. Portner discussed the history of how the Council got to today’s decisions
regarding the arena remodel. He stated Council reviewed the arena issues many years
ago and consensus then was to replace the facility. He noted the task force was
charged, by Council, to look into different levels of replacement for the arena. He
discussed the process and decisions of the original task force. He stated the task
force’s recommendation, after much community input recommended a multipurpose
facility that would encompass all of the city’s park building needs at the same time in
order to save money. He discussed the second recommended task force option to
look at a hybrid project which included arena replacement and adding as much of the
community needs that could fit into the project. He stated Council was asked, this
past January, if they wanted to move forward with the second recommendation and
they stated yes.
Councilmember Ovall noted he was lacking the historical background on this
project.
Councilmember Westgaard noted the arena has been nearing the end of its lifecycle
and been discussed by Council as far back as 2006. He noted Council did nothing
regarding the long-term planning of the arena at the time and the issues were
brought back again in 2012 as well as discussions about other facility needs. He
stated the city is at the point where it has to act now. He noted the Council needed a
backup plan if there was a referendum failure. He stated if Council wants to keep
operating an arena, it needs to move forward with long-term planning for the facility,
similar to how most other city projects require a master plan.
Councilmember Wagner stated the arena project should have a larger scope and
include other items if the city pursues the sales tax option. She discussed community
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October 16, 2017
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quality of life and felt other options should be considered. She stated she believes it
is in the best interest of the city to improve this faciltiy. She discussed responsibilities
to various user groups.
Councilmember Ovall understood this was not an all or nothing deal and had
questioned at what point Council determined the project be $25 million versus $10
million. He stated he had recalled a previous discussion when Council talked about
not having to do as large a project, but now understands more with the background
provided tonight.
Councilmember Wagner stated the project team will continue to vet the project
scope.
Mayor Dietz stated he brought forward the local sales tax option because he didn't
like the idea of funding it through property taxes.
Council directed staff to review the matter further and whether other items can be
funded through the sales tax.
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Council recessed at 7:15 p.m. in order to go into worksession. Council reconvened at
7:21 p.m.
9.1 Stop Sign Warrants and Crosswalk Locations
Mr. Femrite presented the staff report.
Council asked how questions related to requests for street signs should be directed.
Mr. Femrite stated some questions could be answered with resources such as the
city’s website. He further encouraged Council to direct inquiries to staff so each
situation could be evaluated.
Councilmember Wagner asked if the city could explore other safety features, such as
adding flashing beacons to encourage drivers to stop at stop signs.
Mr. Femrite noted some safety devices don’t necessarily change a driver’s behaviors
and there is no guarantee of added safety versus the money spent for some devices.
Mr. Portner discussed other options, such as providing education to the public.
Councilmember Wagner noted the school district is doing their part to educate kids
about accessing existing crosswalks. She further discussed issues with No passing on
shoulder and would like to explore more signage; noting specific issues with Twin
Lakes Road and Tyler Street.
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Mr. Femrite noted how important it is to continue to inform legislators of city
transportation issues in order to get improvments.
9.2 Sherburne County Construction Cost Participation Policy
Mr. Femrite presented the staff report.
Council noted they would like to send positive comments to Sherburne County
about how the city appreciates seeing the bituminous bide trail cost participation
funding go from zero to 100%.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:50 p.m.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk
Special Meeting of the Elk River City Council
Held at the Elk River City Hall
Thursday, October 26, 2017
Members Present: Mayor Dietz, Councilmembers Ovall, Westgaard, and Wagner
Members Absent: Olsen
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, and City Clerk Tina Allard
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 5:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Arena Design Team Interviews
Council interviewed potential candidates for the ice arena design team as outlined in
the staff report.
Council thanked everyone for their interest in participating.
Councilmember Wagner inquired if the Council would be interested in appointing
more than one public representative to the design team.
Mayor Dietz noted the Council already approved motions appointing one public
representative and one business representative.
Councilmember Westgaard stated it can get more difficult and challenging to keep a
project moving forward when more people are involved.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to appoint Gunther Sagan as the Parks and Recreation
Commission representative for the ice arena design team. Motion carried 4-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to appoint Dave Williams as the resident-at-large representative for
the ice arena design team. Motion carried 3-0. Mayor Dietz abstained citing
conflict of interest.
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October 26, 2017
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Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to appoint Kevin Bergstrom as the business representative for the ice
arena design team. Motion carried 4-0.
Council thanked everyone again for their interest in this appointment and asked that
they continue to keep involved with the process in some capacity.
4. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 6:03 p.m.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk