4.1. DRAFT MINUTES (2 SETS) 12-04-2017 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, November 20, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, and Wagner
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, Chief of Police Ron
Nierenhausen, Detective Kim Peterson,Engineer Justin Femrite, City
Clerk Tina Allard, Economic Development Director Amanda
Othoudt, City Attorney Peter Bec, ,and Recording Secretary Jennifer
Green
I. Call Meeting to Order
Pursuant to due call and notice thereof,"the meeting of the EI�iver City Council
was called to order at 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance , N
The Pledge of Allegiance was recited.
3. Consider 11/20/2017 Agenda
Moved by Councilmember Ova lh and seconded` y Councilmember Wagner to
approve the November 20, 2017, agenda.
otion carried 4-Q.
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4. 1%
Consider Consent Agenda
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
approve the following consent agenda:
4.1 Regular meeting minutes from November 6, 2017.
4.2 Check register, check numbers 103854-104036 as outlined in the staff
report.
4.3 Pay estimates for the 2017 Street Improvements as outlined in the staff
report.
4.4 Ordinance Amendment 17-25 and Resolution 17-69 for Summary
Publication amending City Code Chapter 58, Article 3, Solid Waste
Facilities.
4.5 Solid Waste License Agreement 2017-31 for Elk River Landfill.
4.6 Solid Waste License Agreement 2017-32 for Great River Energy.
4.7 On-Sale Brewer/Taproom and Off-Sale Growler License for Aegir
Brewing Company LLC,valid until June 30, 2017, contingent upon
state approval of Aegir's state brewery license.
City Council Minutes Page 2
November 20,2017
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4.8 Resolution 17-70 adopting and levying special assessments for unpaid
water service as of September 30, 2017.
4.9 Resolution 17-71 adopting and levying special assessments for unpaid
sewer services as of September 30, 2017 and resolution 17-76 for unpaid
garbage collection services as of September 1, 2017.
4.10 Resolution 17-72 adopting and levying special assessments for unpaid
electric service as of September 30, 2017.
4.11 Resolution 17 - 73 adopting and levying special assessments for unpaid
stormwater utility fees as of September 30, 2017.
4.12 Resolution 17-74 adopting and levying special assessments for city
abatement costs related to ordinance violations for 2017.
4.13 2017 mineral excavation license for Max Steininger, Inc.
4.14 Resolution 17-75 authorizing a transfer of$119,382.35 from the General
Fund excess fund balance to the Park Improvement Fund and a
transfer of$147,449.65 to the Capital Outlay Reserve Fund as outlined
in the staff report.
4.15 Amendment to the policy pertaining to payment and assessment of the
costs to connect and repair private utility lines as outlined in the staff
report.
Motion carried 4-0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month
Due to a scheduling conflict this item was rescheduled to December 4, 2017.
6.2 Recognition of Detective Kim Peterson for 30 Years of Service
Chief Nierenhausen presented the staff report.
Mayor Dietz presented Detective Kim Peterson with a 30 Years of Service award
from the city council. The council thanked Ms. Peterson for her dedication and
service to the community.
7. Public Hearings
There were no public hearings.
8.1 Select Construction Manager for the Ice Arena and Lion John Weicht
Park Improvement Project
Mr. Femrite presented the staff report.
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City Council Minutes Page 3
November 20,2017
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Councilmember Wagner asked about the proposed fee for the services of the
construction manager and expressed her concerns with staying within budget.
Mayor Dietz asked questions regarding percentages of all the submitted proposals
for construction manager-at-large.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to enter into a contract with RJM Construction for Construction Management
Services on the Ice Arena and Lion John Weicht Park Improvement project as
outlined in the staff report.
Motion carried 5-0.
Council recessed at 6:14 p.m. for work session. Council reconvened at 6:19 p.m.
9.1 Should Food Trucks be Allowed and Regulated
Ms. Allard presented the staff report.
Councilmember Wagner noted she informally polled her neighborhood and
indicated the responses received opposed food trucks because they take away from
other restaurants
Mayor Dietz expressed concerns with the affect food trucks would have on the
downtown restaurants but did think they would provide a quicker meal option on
downtown concert evenings when restaurants were at full capacity.
Dave Gess, owner of Gess What's Cooking in Big Lake, and Joe Engel, owner of
Rocket Concessions,both own food trucks and provided input regarding their city
licensing requirements and fees in neighboring cities.
The council discussed concerns such as food truck location,number of trucks
allowed in an area,how many trucks should be licensed in the city,litter created by
diners, and the affect food trucks would have on various restaurants in the city.
It was the consensus of the council to have staff request feedback from area
restaurants and to prepare an ordinance to review at a future work session.
9.2 Tobacco Shop Distance Requirement
Ms. Allard presented the staff report. After discussion, council consensus was to
keep the current ordinance with a distance requirement near schools/park property
for tobacco product shops at 500 feet.
9.3 Trunk Highway 10 and Main Street Redevelopment Plan
Ms. Othoudt presented the staff report.
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City Council Minutes Page 4
November 20,2017
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The council discussed the need for a traffic study to determine how creating a high
density,mixed use area would alter the landscape and conditions of the area, and the
need to add it as a condition of the development agreement.
It was the consensus of the council to request the Housing and Redevelopment
Authority modify the project proposal to include a traffic study and provide those
changes to the council at the December 4, 2017, city council meeting.
9.4 Downtown Rivers Edge Group - Goals
Ms. Othoudt presented the staff report.
After council discussion,it was the consensus of the council to have staff work with
legal counsel to prepare a policy for review by the HRA for future implementation.
10. Recess
Mayor Dietz read the following statement:
Council is going into a closed meeting pursuant to MN Statute �1313.05, subd. 3(a) in
order to evaluate the performance of City Administrator Cal Portner.
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1 I. Closed Meeting - MN Statute §13D.05, subd. 3(a)
The council gave City Administrator Cal Portner his performance evaluation.
12. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:40 p.m.
Minutes prepared by Jennifer Green.
John J. Dietz,Mayor
Tina Allard, City Clerk
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City of
Elk ..�. Closed Meeting of the Elk River City Council
luver Held at the Elk River City Hall
Monday, November 20, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,and Wagner
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner
1. Call Meeting To Order 4t
Pursuant to due call and notice thereof,the meeting of the ElIii
r City Council was called
to order at 7:44 p.m.by Mayor Dietz.
2. Closed Meeting—City Administrator Performance Review
The purpose of the closed meeting was to evaluate the rformance of City Administrator
Calvin Portner per MN Sta 13D.05.
3. Adjournment
There being no further business,Mavor Dietz adjourned the closed meeting of the Elk River
City Council t 9;34 .ul,
John J.Dietz,Mayor
Tina Allard,City Clerk