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4.1. DRAFT MINUTES 12-18-2017 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, December 4, 2017 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Planning Manager Zack Carlton, Fire Chief John Cunningham,Parks and Recreation Director Michael Hecker, Police Chief Ron Nierenhausen, City Attorney Petex. ck, and City Clerk Tina Allard 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recit 3. Consider 12/04/2017 Agenda Council pulled Item 4.5 and moved it to the December 18 agenda and added Item 9.1 regarding a celebration day in Elk River. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the December 4, 2017, agenda as amended. Motion carried 5-0. 4. *"Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 November 20, 2017, regular and closed meeting minutes. 4.2 Check register, check numbers 9919-9921 and 104037-104185 as outlined in the staff report. 4.3 Contract 17-33 additional open hours with Great River Regional Library. 4.4 Ordinance 17-26 providing for special permits allowing hours for on- sale intoxicating/3.2 malt liquor during 2018 National Football League Super Bowl LII. 4.6 Tax Increment Financing Policy as outlined in the staff report. 4.7 Resolution 17-77 authorizing the cancellation of the Interfund Loan of the Park Dedication Fund to the GRE Reserve Fund. City Council Minutes Page 2 December 4,2017 ----------------------------- 4.8 Petition and waivers for the following downtown business owners for repair of private sanitary sewer service lines and assessment to their respective property taxes: ■ Dennis and Cathy Larson, 705 Main Street, Elk River, MN ■ Bruce and Robin DeWitt, 713 Main Street, Elk River, MN (Blue Egg Bakery) ■ Jeff Krueger, 709 Main Street, Elk River, MN 4.9 Advisory group appointments: ■ Bryan Provo, Economic Development Authority: term expiration, December 31, 2023. ■ Dennis Chuba, Housing and Redevelopment Authority: term expiration, December 31, 2022. ■ Mary Eberley, Library Board: term expiration, December 31, 2020. Motion carried 5-0. S. Open Forum Clark Johnson, 13216 180 1/2 Court—Expressed concerns with the amount of tree trimming done along a bike path near his property. 6.1 Volunteer of the Month Mayor Dietz introduced, read, and presented a plaque to November Volunteer of the Month Dave and Jan Fesenmaier. He noted the following volunteering accomplishments: ■ Assisted with Woodland Trails Regional Park mapping design. ■ Assisted with development of the Dave Anderson Athletic Complex. ■ Caretaker/gardener of Raymond R. Schwarz Memorial Garden in Lion John Weicht Park. ■ Usher at St.Andrews Catholic Church. ■ Bailey Point Nature Preserve volunteer. 6.2 Retirement Recognitions Mr. Carlton discussed Debbie's 30+ years of history with the city. Ms. Ziemer discussed Dave's 18 years of service with the city. Mayor Dietz read and presented plaques to Dave and Debbie. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to proclaim December 13, 2017, as Debbie Huebner Day. Motion carried 5-0. UREJ City Council Minutes Page 3 December 4,2017 ----------------------------- 7.1 2018 Tax Levy and Budget Ms. Ziemer presented the staff report. She discussed the 2018 General Fund budget, property tax levy, and special revenue and enterprise budgets as outlined in her presentation Mayor Dietz opened the public hearing. Gwen Smith, Fresno Street,questioned if the new arena project is part of this budget. Council stated no. Larry Cassum, 13201 196th Avenue - Compared his tax increase to the social security rate increase and said he can't afford his taxes. He stated he believed the police department budget was too large. Mayor Dietz suggested Mr. Cassum meet with the police chief to learn about their budget. Mayor Dietz closed the public hearing. Council noted the following: ■ There is a lengthy budget review process throughout the year. ■ The amount of money levied to operate the city has maintained a very flat rate over the last 10 years. ■ They would like a proactive versus a reactive police department. ■ Residents don't want to cut programs and the way to decrease the budget is to cut programs. ■ City needs to be competitive with staff pay compared to surrounding communities in order to maintain quality staffing. ■ Council reviews the tax statements while reviewing the budget. ■ Budget is reviewed by Council at an itemized level. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to adopt Resolution 17-78 authorizing the proposed property tax levy for collection in 2018. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the 2018 General, Special Revenue, and Enterprise Fund budgets as outlined in the staff report. Motion carried 5-0. UREJ City Council Minutes Page 4 December 4,2017 ----------------------------- 7.2 Beaudry Oil/Truck Shop ■ Preliminary and Final Plats: New Resources Addition ■ Conditional Use Permit: Establish Truck Storage, Maintenance, and Repair Facility Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. George Padsasky, 726 Quin Street- Expressed concerns about water drainage because his building is at a lower grade than the surrounding area. He questioned if the new pond will accept water drainage. He also expressed concerns with traffic flow on 6 '/z Street. Mr. Carlton stated the city engineer recognized the drainage issues and it will be corrected with these new plats. Mayor Dietz closed the public hearing. Councilmember Wagner questioned if the applicant is okay with all the conditions proposed in the staff reports. Mr. Beaudry stated yes and noted city staff was excellent to work with on the project. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve Preliminary Plat of New Resources Addition with the condition for the execution of a development/land swap agreement between the City of Elk River and New Resources LLC, outlining timing and responsibilities of the land exchange, to the satisfaction of both parties. Motion carried 5-0. ------------------------- Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt Resolution 17-79 granting Final Plat approval for New Resources Addition, Case No. P 17-23 with the following conditions: 1. Lot 2, Block 1, shall be updated and read as Oudot A. 2. Add a drainage and utility easement over all of Outlot A. Motion carried 5-0. -------------------------- P O w E R E U 9 Y NATURE] City Council Minutes Page 5 December 4,2017 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve Conditional Use Permit, Case No. CU 17-36 for a truck storage, maintenance, and repair facility with the following conditions: 1. The authorized CUP will not be recorded until the associated zone change and plat are recorded. 2. Building permits for the described work will not be issued until the CUP is recorded. 3. If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP's date of issuance the permit shall expire and become void. 4. The CUP shall expire if the authorized use ceases for more than six months. 5. The applicant must apply for and receive approval for all required permits before any construction may begin. 6. Curbs at abandoned driveways on Proctor Road shall be replaced with concrete barrier-style curbing. 7. The site will need to comply with Chapter 57 of the MN State Fire Code. 8. Staff approval of a lighting plan demonstrating compliance with City Code Sec. 30-937. 9. Staff approval of a site plan including the location of trash facilities and demonstrating screening sufficient to satisfy City Code Sec. 30-905. Motion carried 5-0. 7.3 Property Line Adjustments across Plat Boundaries Mr. Carlton 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 Olsen and seconded by Councilmember Westgaard to adopt Ordinance 17-27 amending Section 30-352, Platting Required; Exceptions, of the City of Elk River, Minnesota, City Code. Motion carried 5-0. 7.4 Remove Planning Commission Work Session Meetings Mr. Carlton 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 Westgaard and seconded by Councilmember Ovall to adopt Ordinance 17-28 amending Section 2-299, Meetings and Rules of Procedure, of the City of Elk River, Minnesota, City Code. Motion carried 5-0. p 0 W I R I D R Y NATUREI City Council Minutes Page 6 December 4,2017 ----------------------------- 7.5 2018 Master Fee Schedule Ms. Allard presented the staff report. Mayor Dietz opened the public hearing. Debbie Rydberg, Elk River Area Chamber of Commerce—Stated it was nice to see some fee reductions. She noted most of the fee increases were within the 2-5% range but believes the temporary sign permit fee increase over 60%is too significant. She stated she has in issue with this increase because many of the users are small businesses, fundraisers, and non-profits and this increase would create a budget burden for them. Mayor Dietz closed the public hearing. Mr. Carlton discussed how the temporary sign permit process has changed. He stated staff time has increased and enforcement has become proactive as there had been many violations of the city code. He stated with the increased staff time in enforcement,non-compliance then dropped significantly so staff felt it was appropriate to get rid of the escrow. Councilmember Wagner stated she is not in favor of the large increase for the temporary sign permit fee and agreed it affects non-profits in bringing awareness to their cause. She proposed the fee at $35. Mayor Dietz suggested setting the fee at$40. He stated he liked how the expedited fees for special events have been set up. He stated he understands how staff has to drop their current workload to get these permits approved. Councilmember Wagner stated it's good to have an expedited process but she is not in favor of the timelines and requiring a completed application,noting sometimes an applicant can't always have a completed application turned in early because they don't have all the information. She recommended the application not have to be 100% complete or that the expedited fees kick in at 30 days. Councilmember Westgaard suggested establishing the temporary sign permit fee at $40 and keeping the expedited special event fees as proposed by staff with an evaluation in a year. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 17-29 adopting the 2018 Master Fee Schedule with the temporary sign permit fee adjusted to $40. Motion carried 4-1. Councilmember Wagner opposed. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 17-80 approving Notice of Summary Publication of POWERED 0Y UREJ City Council Minutes Page 7 December 4,2017 ----------------------------- Ordinance 17-29, an ordinance adopting the 2018 Master Fee Schedule. Motion carried 5-0. 8.1 Summary of City Administrator's Performance Evaluation Mayor Dietz read a statement regarding the city administrator's performance evaluation as outlined in the staff report. 8.2 Capital Improvement Plan Ms. Ziemer presented the staff report. Moved by Councilmember Olsen and seconded by Councilmember Ovall to adopt the 2018-2022 Capital Improvement Plan as outlined in the staff report. Motion carried 5-0. 8.3 Code Enforcement Action for 1772 Tipton Circle Chief Cunningham presented the staff report. Attorney Beck stated this matter could take up considerable staff and funding resources and Council may hear feedback from the public. He stated he attempted to reach the property owner's attorney to give them an opportunity for input at tonight's meeting. He further stated he has suggested cleanup options via an abatement procedure to the property owner. Council concurred they were okay with staff proceeding on this matter. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. It was noted Lake Orono and Pinewood discussions would be on the December 18 agenda. 9. Council Liaison Updates Council provided updates on the activities of the various boards and commissions. Parks dam'Recreation ■ Next meeting,December 6 ■ Parks plans for park improvement budget for 2018 ■ Ideas on how to proceed in dealing with new clients ■ Trails Plan still moving forward ■ Miske Meadows park size ■ High school football team community service work at William H. Houlton Conservation Area ■ Over 100 hours of volunteer time at William H. Houlton Conservation Area. POWERED 0Y UREJ City Council Minutes Page 8 December 4,2017 ----------------------------- Heritage Preservation Commission ■ No update Library ■ Next meeting,January 23. ■ Great River Regional Library and library board members are excited about the increase in hours Planning ■ Next meeting,December 19 ■ Two appeals from Board of Adjustments will come before Council. Elk River Municipal Utilities ■ 2018 budget discussions ■ Tentative increases in electric and water bills ■ Expansion to shop discussed with architects ■ Wage committee presentation to come forward on December 12 ■ Water tower report,plan funded by utilities to try and obtain a grant to pay for the tower Arena Taskforce ■ Meetings are every Monday ■ Construction manager presented some alternatives to renovate while being cognizant of high school sports/parking ■ More details to Council on Dec. 18 with further direction needed 9.1 Elk River Celebration Day Council was contacted by a student asking about having an Elk River celebration day. They directed staff to look in to the possibility of hosting an event in May or June and to research what other cities do for celebrations and funding. ------------------------------ Council recessed at 8:09 p.m. in order to go into work session. Council reconvened at 8:15 p.m. 10.1 Should Golf Carts be Allowed and Regulated by Permit Chief Nierenhausen stated most cities don't allow golf carts on city streets with the exception of Andover and Ramsey via a permtting process. He expressed his concerns regulating them such as conditions,insurance, monitoring, obstructed pathways, and drinking and driving. He noted in Andover an applicant must prove a physical disability before getting a permit. UREJ City Council Minutes Page 9 December 4,2017 ----------------------------- Council expressed concerns on how to regulate golf carts, age restrictions,going to the bars, crossing major highways, driving downtown during major events, car accidents, seatbelts, and general safety. John Anderson,resident, stated it was never an issue in his former community. He said state law doesn't allow them unless the city allows them. Attorney Beck stated if there isn't a city ordinance allowing it, then it's not allowed. He stated Council discussed this matter at length over 25 years ago and had many concerns and issues with allowing the carts so they did not pursue it. A majority of Council stated they were not interested in establishing an ordinance to allow golf carts. 10.2 Lions Park Center Use Marty Brady,Lions Club president,questioned the city's plans with Lion John Weicht Park and Lions Park Center. He stated in 1983 there was an understanding among all parties that Lion John Weicht Park be developed as a community park without organized sport league activities. He stated in 1995 the city approached the Lions about adding soccer fields, the Lions did not agree, and the fields were not constructed. He noted the Lions assisted with funding many items in the park. He stated the Lions raised about$240,000 over four years to build Lions Park Center and donate it to the city along with hundreds to thousands of hours to help construct it. He expressed concerns with the city not working with the Lions for the betterment of the park. He stated the Lions are against tearing down Lions Park Center and having sports fields in the park. He expressed concerns with more field creep in the future. Scott Trenholm,referred to the January 30, 1995, Council minutes indicating no organized sports would be allowed in the park and he questioned if the current Council would want to honor those minutes. Willy Weicht thanked Mayor Dietz and Councilmember Ovall for their time talking on this matter. Julie Grenholm, concurred with Mr. Brady's statements and wants to keep the park for people and not organized sports activities. Attorney Beck stated this is not a legal issue but a policy matter to the Council. He stated he reviewed all the documents provided on the matter and sees no legal restrictions binding the Council. He further stated for a city to be bound be an agreement,it must be done by the formality of the law,which means it must be acted on by the whole Council and executed by the Mayor and city clerk. His further stated,in his opinion, the City Council is free to address this as a policy matter and take the action they feel appropriate for the park at this time. POWERED 0Y UREI City Council Minutes Page 10 December 4,2017 ----------------------------- Councilmember Westgaard stated he wasn't aware of past discussions regarding park programming. He further noted Council has been discussing the matter for over two years and questioned the Lions as to why they are just now hearing these concerns. Mr. Brady stated the Lions were approached by the city two years ago and the Lions communicated they did not like the changes. A Lion Club member stated they were involved with previous focus groups but at that time they didn't understand how it would impact them. She further stated they received an update about the results. She stated they didn't realize the impact to the park until they had a representative serving on the current arena task force for the city facility changes. She expressed concerns with where the Lions could continue to meet and provide community events. Mr. Brady stated they were never contacted by the city and they only found out because someone came in to measure the building. Councilmember Wagner stated, as a member of the community center task force, there never once was a negative feeling expressed about the community center going in Lion John Weicht Park. She stated she worked hard to listen to user groups and was at every meeting. She struggles with and questions why the Lions wouldn't want organized activities at the park. She stated she is a strong proponent of youth activities and noted there has been some criminal activity in the park. She stated she feels it is good to keep youth busy and out of trouble. She stated the park could still have trails and green space and keep its name. Councilmember Ovall stated he has struggled with this and he voted against the arena. He stated he is a proponent of this park because it is centrally located and surrounded by high density housing. He stated when he came onboard he was told Lion John Weicht was gifted as a park and will always be park. He stated if it always has to be a park,why would the city not invest in it.After the community center was voted down he questioned where the $12 million arena option went and noted how the current project is now at$25 million with changes to Lion John Weicht Park. He stated he is not sure how we got to where we are today and he didn't feel like all the options were vetted. He stated he doesn't understand why the city has to do the ice arena following the current process and why the tennis court space has to be removed. He stated he thought the Lions were on board with the project so was surprised by the comments tonight. He stated he has a difficult time going against the spirit of the historical documents. He feels the Council is put in an awkward position due to rushing decisions. He stated this isn't about access for the Lions to put on their pancake breakfasts, but about legacy and cultural accces you don't have to pay to be involved in. He stated the arena is geared to the schools and questioned what they are contributing to the arena and the park. Councilmember Olsen stated the kids in the surrounding high density areas depend on this park. He stated he believes they will still use the park even with a few fields on it and felt there was plenty of space for all uses. He stated the park needs work P 0 W I R I U 9 Y otm§A UREI City Council Minutes Page 11 December 4,2017 ----------------------------- and Lions Park Center is not accessibly friendly. He stated it is an important park for kids. He noted the current building is in rough shape. Mayor Dietz stated in 1995 he was the lone Councilmember who voted to allow the soccer fields. He stated the Lions have put a lot into the park but they donated it to the city and the taxpayers are paying for it. He stated the Council has to take responsibility for the park and currently it is underutilized. He felt it wasn't right to have such large park space not being utilized. He noted the Capital Improvement Plan has $500,000 of taxpayer money to fix the trails in the park and install a new playground and basketball court. He stated the two new fields would only take 10 percent of the park and doesn't feel this would adversely affect it. He stated the administrator did speak to the Lions about the park. He stated the Lions didn't express any issues when the community center would have taken the whole park. He discussed how the fields need to be kept near the schools. He noted Lions Park Center needs a lot of maintenance,which costs money. He stated the Lions representative on the task force (Harold Gramstad) felt it might be a better situation to be located at the arena to take advantage of other benefits He stated if the Lions want to take over Lions Park Center they would have to pay the expenses. He stated a lot has changed with time and the city can't stay locked in to one use forever. He stated he appreciates all John Weicht has done,but noted people always want more from the city and there is an opportunity to enhance this park. He asked the Lions to work together to do what's best to accommodate everyone's needs for a new and improved park. Councilmember Ovall stated a use of a park is directly tied to the investment made by the city. He stated this park has been operating without a vision or master plan. He noted city staff has said this park is one of the most heavily used for programming activities. Mr. Brady stated the original intent was to have a park for families to use, and once the organized sports are in the park,these families will be asked to leave because of a baseball game. Mr. Weicht stated they don't like some parts of the city's plan. He stated they were going to approach the city to build a larger, $800,000 ADA-accessible playground; but then because of the current discussions they decided to wait. He indicated the Lions didn't consider the community center a real option because of the poor soils and the cost to make corrections. Councilmember Westgaard noted the building needs major repairs. Mr. Weicht stated the Lions haven't been approached to help fix the building. A Lions member stated there are a lot of emotions,the communications failed, and they felt they deserved more respect. UREJ City Council Minutes Page 12 December 4,2017 ----------------------------- Councilmember Westgaard noted this has been discussed for two years and there is not anything new. Councilmember Wagner stated no disrespect was meant. Councilmember Westgaard stated the city could take a step back and talk to the Lions about the city's needs. He stated the city would like to swap assets to allow the arena construction. He stated their intent is to always be collaborative and communicate with groups. Mr. Portner stated the city needs to make some decisions. He stated the city must look at the big picture because it has other buildings with improvement needs. He further discussed the cost benefit of combining facilities. Councilmember Ovall stated both groups need to come to a solution. He stated legacy aside let's step back and evaluate if this can be an opportunity for the Lions' mission. He stated he would like to see a partnership continue on this project. The Lions questioned what this would entail and wanted time to pick representatives from their group. Mr. Femrite suggested a separate meeting with Lions to discuss their needs. Council agreed and a meeting was scheduled for Monday,December 11 at 7:00 p.m. II. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 9:55 p.m. John J. Dietz,Mayor Tina Allard, City Clerk UREJ