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4.1. DRAFT MINUTES (3 SETS) 09-04-2018 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 6, 2018 Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Recreation Manager Steve Benoit, Code Enforcement Officer Dave Hetrick, Planning Manager Zack Carlton, Chief of Police Ron Nierenhausen, Arena Manager Rich Czech, Public Works Director/Chief Engineer Justin Femrite, and Deputy Clerk Jessica Miller 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider August 6, 2018, Agenda Mayor Dietz removed Item 4.9 and placed it after open forum. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the August 6, 2018, 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 Minutes:  July 16, 2018, Regular  July 23, 2018, Special 4.2 Check register, check numbers 9945-9949 and 107021-107240 as outlined in the staff report. 4.3 Staff reorganization implementing a public works and community development department and requisite director positions. Interim pay for Justin Femrite retroactive to June 18, 2018. 4.4 Increase part-time Recreation Coordinator Karen Wingard’s hours to 32 hours per week retroactive to July 24, 2018. City Council Minutes Page 2 August 6, 2018 ----------------------------- 4.5 Resolution 18-49 for state appropriations for the dredging of Lake Orono. 4.6 Adoption of the Minnesota State Statute Parking Violation as outlined in the staff report. 4.7 Development Agreement for Riverplace Second Addition. 4.8 Hire Dawn Regan as secretary/receptionist for the Police Department effective Friday, August 17, 2018. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 4.9. Nuisance Abatement and Special Assessment Agreement for 1772 Tipton Circle Mr. Carlton presented the staff report. Patricia Rasmussen, property owner, stated her son lives at this property and has done his best to clean it up. She noted it has not gone well but progress has been made noting all the vehicles are gone. She added she does not believe it would cost $30,000 to clean up. She asked for an extension promising to have the property cleaned up by the time she leaves for Florida in the fall. Kent Rasmussen, occupant, indicated he had an issue getting items out with the neighbors blocking the driveway but it is clear now. He feels he has made good progress and would like more time. Mayor Dietz questioned when the property was last inspected. Mr. Carlton indicated Code Enforcement Officer Dave Hetrick inspected earlier today. He stated the property owners would be charged the actual cost of abatement not to exceed $30,000. Mayor Dietz indicated the city has been dealing with complaints on this property for a long time and he is hesitant to give the property owners more time. He stated he would not be in favor of extending past the beginning of September. Mr. Hetrick was directed to make periodic inspections and update City Administrator Portner so he can update the Council. Council consensus was to give the Rasmussen’s until September 4 to clean up the property and if the property is not satisfactory to come back with new abatement bids. 6. Presentations, Awards, and Recognition There were no presentations, awards, or recognition. City Council Minutes Page 3 August 6, 2018 ----------------------------- 7. Public Hearings There were no public hearings. 8.1 Ballot Question for the Local Option Sales Tax Referendum Mr. Portner presented the staff report. He noted one change from previous discussions is the addition of a motor vehicle excise tax of $20 per motor vehicle. Council consensus was not to include the $20 motor vehicle excise tax because it was not part of previous discussions. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Resolution 18-50 with removal of the language regarding the $20 motor vehicle excise tax. Motion carried 5-0. 8.2 Advisory Group Attendance Policy Mr. Portner presented the staff report. Moved by Councilmember Olsen and seconded by Councilmember Ovall to approve revising the Advisory Board/Commission Policy removing special meetings from the attendance requirements as outlined in the staff report. Motion carried 5-0. 8.3 Line Avenue Improvements Mr. Femrite presented the staff report. Moved by Councilmember Ovall and seconded by Councilmember Olsen to direct a formal stop of all work on the Line Avenue cul-de-sac project. Motion carried 5-0. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. He stated a tentative date of September 24 has been set to meet with the School Board. He indicated another item for discussion is the gravel mining study. He noted the Council discussed the gravel mining master plan a few years ago but it might be a good idea to review again. He would also like to discuss possible Energy City demonstration opportunities. The Council concurred with adding these items. City Council Minutes Page 4 August 6, 2018 ----------------------------- 9.1 Council Liaison Updates Council provided updates on the activities of the various boards and commissions. Energy City  Next meeting August 15. Parks and Recreation  Touring park facilities on Wednesday. Seniors have been invited. Heritage Preservation Commission  Did not receive grant for water tower because we still have an open grant for drawings. Eligible to apply for another grant next year.  Next meeting October 18. Library Board  Library working on budget. Discussing budget with the Council on August 13.  New patio furniture installed. Swap out some for ADA compliant furniture. Planning Commission  Did not meet last month due to lack of agenda items. Utilities Commission  Policy and compliance discussions. Discussed reconnection.  Holiday lighting contest discontinued due to lack of participation.  General manager performance evaluation completed. st  ERMU’s 71 birthday was July 11. th  ERMU hosted annual MMPA meeting. ERMU set to become 13 largest customer. ------------------------------ Council recessed at 7:08 p.m. in order to go into work session. Council reconvened at 7:13 p.m. 10.1 Elk River Sportsman Club Concerns Chief Nierenhausen presented the staff report. He presented historical information and reviewed previous reports. Brian Opsahl, 21138 Macon Court, read the letter included in the staff report. Chief Nierenhausen explained the Police Department conducted an investigation and have reasons to believe the bullet did not come from the Elk River Sportsman’s City Council Minutes Page 5 August 6, 2018 ----------------------------- Club but the investigation is inconclusive. He added the club made many security improvements in 2010 at the recommendation of a previous police chief. Edward Church, president of the Elk River Sportsman’s Club, agreed with the chief’s comments about safety and explained the club’s safety and security measures. He added they are looking at installing surveillance cameras. Councilmember Westgaard stated he understands the Opsahl’s concerns but it is difficult for the Council to tell the club they have to do things differently when it cannot be proved the bullet came from the range. He added there was another stray bullet incident last week on the other side of town, nowhere near the gun club. Ms. Opsahl explained she would like the club to install cameras so any future events could be definitively pinpointed. Councilmember Ovall indicated having policies in place to check in ammunition and guns could help erase ambiguity. Jon Clausen, vice president of the Elk River Sportsman’s Club, explained members log their own information and if any member falsified information the club’s board would deal with it. He stated range assistants are on staff at all times to assist. Brad Stevens, treasurer of the Elk River Sportsman’s Club, stated the range assistants are club members and do a good job of keeping track because they have a vested interest in the success of the club. He added only members are able to get through the gates and access is tracked and compared to the gun logs. He noted range assistants also check in with members to verify they are on the range they logged. Ms. Opsahl requested the range assistants physically verify and log all guns and ammunition. She added they would like to see the gun club relocated given the increase in population density around the club. Mr. Stevens noted weapon and ammunition inspections do take place for non- member events and non-members are not allowed to handle the weapon until inspection is complete. Councilmember Wagner understands the emotion of the Opsahls. She noted cameras would only be good to identify issues after they have happened. She asked Chief Nierenhausen if he has recommendations for other safety measures that could be or should be put in place. Chief Nierenhausen indicated he has no recommendations noting the gun club exceeds the safety standards. Mr. Clausen explained the National Rifle Association governs the club with established range safety standards. He added the Elk River Sportsman’s Club exceeds City Council Minutes Page 6 August 6, 2018 ----------------------------- all relevant standards adding the club consistently reviews safety protocols. He noted the club conducted their own investigation in to this incident and does not believe the stray bullet originated from the club. Mr. Stevens extended an invitation to the Opsahls and Council to tour the gun club. Chief Nierenhausen explained the Police Department receives several shooting complaints city-wide each year stating he can run those statistics for the Council if they wish. Mayor Dietz indicated he cannot find reasons to force the gun club to do anything after hearing about their safeguards and of the inconclusive nature of the incident. He did suggest they install surveillance cameras and make security as tight as possible when entering and registering weapons as he feels it would go a long way to ease resident fears. The Council concurred. 10.2 Consider and Provide Direction – Outsource Recreation Facility Information Mr. Portner presented the staff report. Terri Heaton, vice president/client representative for Springsted stated her company can help provide guidance, communication strategies, and assist with developing referendum materials to be distributed. Mayor Dietz stated the goal would be to have information out to residents by the end of September and asked if this was doable. Ms. Heaton believed it would be possible but would have to verify with her contacts. Councilmember Westgaard wants residents to be well informed and would like assistance if there is a company who can help us disseminate the information. Councilmember Wagner questioned if the city can legally facilitate some of these things. She stated she is unsure about some of the things mentioned because she didn’t think Council or staff could organize and execute referendum strategies designed for voter approval. Ms. Heaton confirmed Council and staff can present information but cannot influence voters. Mr. Portner stated the city’s bond counsel would vet all information prior to distribution. He added the superintendent may also have a contact for a company who could assist. Councilmember Ovall is in favor of outsourcing the communications for this item and would like to explore more options before moving forward to see what other options are available. City Council Minutes Page 7 August 6, 2018 ----------------------------- Councilmember Olsen indicated the Springsted information is excellent. He understands time is limited but would like staff to bring back the Springsted information along with the information from the school district contact so the Council has more than one choice. Council consensus was for Ms. Heaton to obtain quotes for design work from her two contacts and begin preparing a contract for strategizing and for Mr. Portner to obtain a quote from Prime Advertising and report back on it all at the next meeting. 10.3 Senior Activity Center Options (LOST Referendum) Mr. Portner presented the staff report. Brian Recker, RJM Construction outlined the multipurpose facility option. Mayor Dietz questioned which spaces in the multipurpose facility could be used for seniors. Mr. Portner explained the space would include a kitchen, billiards, workout studio, meeting space, and much more. He noted there is also a café area, a quiet lounge area, and the field house would also have multiple opportunities for year round activities such as pickle ball and walking. He added the space is very flexible and will include programming options not available previously. Mayor Dietz stressed to the seniors they would have access to much more than the 2,200 square feet shown on the drawing. Mr. Recker noted the space identified in the multipurpose facility would be similar to the recently built Shakopee Senior Center. Mr. Recker outlined the current space remodel option. Jim Hecker, 13196 Mississippi Road, stated a remodel of the current space would keep the sense of community the seniors have now. He indicated the multipurpose facility space offers more possibilities but is more fragmented and he’s not sure what way to go. Councilmember Olsen indicated he would like to plan beyond the current seniors and he isn’t sure what the lifespan or capacity is of the current facility. Jack Lorge, 19490 Lowell Street, said the seniors want to stay where they are at and the Council is not listening to what the seniors want. Anna Wagner, 432 Proctor Avenue, believes seniors are the future and believes younger people will appreciate the space later. Councilmember Wagner clarified the number of seniors who submitted ballots indicating they wanted to remain in the current location. Mr. Lorge indicated 133 ballots were submitted, 131 of which stated they want to remain in the current location and two were in favor of locating at the YMCA. Councilmember Wagner City Council Minutes Page 8 August 6, 2018 ----------------------------- indicated it is a difficult decision and asked the seniors to give the Council some grace as they make a decision. Mayor Dietz agreed with Councilmember Wagner this is a difficult decision. He stated he understands where the seniors are coming from and he would like the seniors to appreciate where the Council is coming from noting cost estimates have to be a big part of the decision. Councilmember Wagner questioned the status of the YMCA information. Mr. Portner stated the executive director had a conflict and couldn’t be here with the information. Jim Pepin, 18266 Concord Street, clarified whether this is all based on the referendum passing. Mayor Dietz explained even if the referendum passes the estimate to remodel the current location is $1 million more than budgeted. Mayor Dietz expressed interest in eliminating the YMCA as an option since it doesn’t appear they are too interested in a partnership as they have not provided the information requested. Councilmember Olsen felt the YMCA has many advantages. Councilmember Wagner indicated she is disappointed as she felt the YMCA could have served many people at a reasonable price but she’s not sure it’s worth waiting any longer. Mr. Portner explained there is a lot that goes in to this type of collaboration and it was difficult for the YMCA to give us what we need with the level of commitment we provided. Mayor Dietz indicated he is not ready to make a final decision this evening but feels a decision should be made by the time the referendum literature is distributed. Councilmember Westgaard concurred. Councilmember Westgaard explained he is hearing the seniors want a sense of community and to be in one location but he recalls conversations where the seniors wanted expanded opportunities like pickle ball. He wants to understand where the senior’s priorities are because the multipurpose facility would allow for expanded opportunities. Mr. Lorge stated he has separate communities at the gym he belongs to, where he plays pickle ball, and at the senior center and he’s not sure he would want everything in one location. Councilmember Ovall indicated the Council spent a lot of time discussing the emotion and aesthetics behind the decision but not the budget. He stated the budget City Council Minutes Page 9 August 6, 2018 ----------------------------- was set for $1.5 million and the estimate came in at $2.5 million. He feels like the discussion would have been different if it was focused on the budget. Council consensus was to defer discussion to the August 13, 2018, meeting in order to allow councilmembers time to think about the options. Councilmember Wagner questioned if the operational budget would be the same at each of the locations. Mr. Portner explained a large amount of the operational costs are salaries which should be reduced in either case as the number of staff may be reduced. Mr. Portner asked what the Council needs from him to make a decision. Mayor Dietz commented he would like to know if savings will be realized in the multipurpose facility. 10.4 Recreation Facilities Alternative LOST Option Discussion Mr. Portner presented the staff report. Councilmember Wagner expressed concern with the senior center remodel estimates coming in at $1 million over the budget amount and questioned where the additional funding would come from. Councilmember Westgaard questioned which projects will be completed if the referendum does not pass. Councilmember Wagner outlined her ideas which included tackling some of the city’s planned park improvements. Mayor Dietz indicated he will only vote for the $16 million arena repair because it is what residents have been told would happen if the referendum fails. He added he would be in favor of the sales tax question being put back on the ballot again in 2020 if it fails this time. Councilmember Olsen stated the Lake Orono homeowners are concerned about the city walking away from the dredging project. Mayor Dietz indicated he would support $1 million for Lake Orono dredging if the referendum fails as 2/3 of the funding for the dredging has already been raised between state funding and the Lake Orono homeowners. Councilmember Westgaard indicated he would like to see other project priorities completed but understands as things are added it would be a big number to throw on a tax payer. He agreed at the very least the arena repair and Lake Orono dredging should be completed. Mayor Dietz questioned how long the state funding for the Lake Orono dredging will be available. Mr. Portner indicated he will find out. City Council Minutes Page 10 August 6, 2018 ----------------------------- Councilmember Olsen explained his number is around $20 million including arena repair, Lake Orono dredging, senior center, and Lions Park. Mayor Dietz did not agree with including funding for the senior center if the referendum fails. Councilmember Westgaard concurred. Councilmember Ovall indicated he is in favor of including $1 million for the dredging because the other 2/3 of the funding is available. He agrees with including the arena repair for a total of $17 million. Consensus of the Council was for Plan B if the referendum fails to include a $17 million property tax levy ($16 million for repair of the ice arena and $1 million for Lake Orono dredging.) 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:34 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Special Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 13, 2018 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, Library Services Coordinator Robbie Schake, Lead Patron Services Supervisor Brandi Canter, Chief Ron Nierenhausen, Captain Darren McKernan, Captain Bob Kluntz, Acting Fire Chief Aaron Surratt, Parks and Recreation Manager Michael Hecker, Recreation Manager Steve Benoit, Arena Manager Rich Czech, Community Development Director Suzanne Fischer, Environmental Technician Amanda Bednar, Building Official Bob Ruprecht, Liquor Store Manager Joe Audette, and Recording Secretary Jennifer Green 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 4:02 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Senior Center Facility Discussion Mayor Dietz presented a statement outlining his suggestion for the future of the senior activity center. His recommendation was appropriating $1.5 million dollars in referendum funds to fix the current Senior Center. He stated a cost savings will be realized by using the same construction manager and architect as the arena while it is constructed. Mayor Dietz indicated that moving the seniors into the Arena/Rec Center at a cost of $713,000 does not include at least $500,000 that would need to be spent to fill the pond at the senior high school parking lot to provide additional parking spots and doesn’t feel the cost to move to the arena would not be substantially less than the $1.5 million dollars. Mayor Dietz suggested if the Senior Center remains operating in the same building to reduce the number of employees from 2.5 to 1.5 and utilize volunteers and staff from Parks & Recreation to fill in the gaps and be more involved in supporting fulltime staff to assist with scheduling, day trip support, and other needs. He also stated he would request from the council requiring a required $25 yearly membership fee for every senior who uses the building or goes on a trip, and he noted membership fees could generate more than $25,000 per year and that money be set City Council Minutes Page 2 August 13, 2018 ----------------------------- aside and be used in 5 years to purchase an adjacent parcel of land to be used for additional parking. He stated all the seniors he’s spoken to have been very vocal and wants to stay at their facility, which has swayed his decision, noting that’s a lot of voters who won’t support the referendum vote. He stated he’s willing to sacrifice something to ensure the seniors do vote in favor of the referendum as he doesn’t want to see the referendum vote fail. Councilmember Westgaard stated there were a number of emails exchanged in the past two weeks regarding this topic and one being the difference between the amount of JLG’s quote in 2016 of $1 million versus the 2018 quote of $2.5 million received last week. He stated with this quote it’s hard to say what’s included and what isn’t, and wondered if it was for roof repairs and fire suppression systems which can be costly to update in his experience. He stated these building update funds are necessary and separate from programming needs. He stated he appreciates the responses from the seniors, who seem to know their priorities, but his priority is from a dollars and sense standpoint, noting more flexibility and opportunity for funds could provide not only current senior needs but future needs in a greater space if incorporated into the multipurpose facility. He stated the current sense of urgency is to determine where the senior space will be located and how the space is laid out in order for seniors to support the referendum. He felt dialog could continue if the senior space was incorporated into the multipurpose facility and felt $1.7 million could provide a lot more amenities and enhancements to the space. He said if there’s a desire or need for some of those spaces to be senior-specific, it needs to be discussed to understand. He stated on the other hand, if the seniors want to stay where they’re at, program the amount at $1.5 or 1.7 million in order to not upset the applecart. In terms of staffing and required membership fee, he wasn’t sure if they need to discuss that at this time but would look to Mr. Portner, Mr. Hecker and staff as to what the programming needs are for FTEs. He felt the membership fee was tough to impose because they don’t charge a membership fee for other places in town. Mayor Dietz stated the membership fee could be similar to a fee charged by Parks & Recreation for programming. He didn’t think it was much to ask for a membership fee. Commissioner Westgaard asked for Mr. Jack Lorge’s opinion. Jack Lorge representing Activity Center seniors stated the seniors would like to remain at the Activity Center “hands down, without a doubt.” He asked for clarification about a statement made by Mr. Portner regarding the value of the activity center building and felt the most recent bid for repairs was out of line. He felt the membership fee was reasonable noting St. Cloud charges a larger fee. Mr. Portner indicated when JLG submitted their report they used staff’s estimates from the city’s CIP of items like HVAC, roof, windows, and restrooms requiring updating. He stated when 292 Design Group reviewed the building needs, they took a much deeper look, and because 292 had recently reviewed another similar building City Council Minutes Page 3 August 13, 2018 ----------------------------- built the same year and found asbestos and mold, it required deeper mitigation. He stated they took those things into consideration when providing their estimate that updated roofing and energy code requirements and the fire suppression system. Mr. Portner stated the goal was how to make this building last another 40 years. He asked Mayor Dietz about the decision to build a new library building instead of expanding the building. Mayor Dietz indicated they had the option of expanding the current building as the building structure was sufficient, but chose to build new because the cost of new construction wasn’t that much different so they were able to acquire a more suitable property, with the cost difference not that much higher. Councilmember Westgaard stated a similar discussion of the community center occurred in 2016, and much to the surprise of the council after discussions of the economy and multi-programmable spaces, the voters spoke. He stated if seniors are indicating they’d like the city to put money towards renovating their current facility, maybe that’s what the city should do. Councilmember Olsen stated current research reflects in smaller communities that senior/activity centers don’t flourish unless they’re intermingled with other generations, especially kids, and that’s why he felt the YMCA would be a good opportunity. He stated he sees a lot of kids when he attends the YMCA and he finds it uplifting. He has read articles on loneliness and seniors, and he feels it’s important to intermingle generations. He feels concern with joining the senior center and the multi-purpose facility, noting during the school year it’s a busy place with traffic and activity, and stated he felt seniors would prefer the comfortableness of the location of the Activity Center. He suggested consulting with Mary Bauer, Community Development Specialist with the Center Minnesota Council on Aging and he would like to get her input. He would also like to continue exploring the YMCA option. He said he had a brief conversation with Molly and the only thing holding it up was an operational agreement. He stated he doesn’t want to be short-sighted and wondered why they needed a placeholder to lock in such firm decisions. Councilmember Westgaard stated not having a placeholder leaves that user group in the dark, noting the voters shouldn’t be expected to vote for something when the funds aren’t delegated and a location isn’t chosen, and that’s the reason for the sense of urgency. Councilmember Wagner stated the information she’s hearing this evening regarding the seniors wish to stay in the Activity Center building is confusing because in 2016, she had heard the senior’s concerns and they were lack of parking and their space wasn’t big enough, but today, it’s all just fine. In working to find a solution using the overwhelming comments taken from that process to find a solution to those comments, she’s hearing they’re not there anymore. But on Wednesday while on the facility tour, she stated she overwhelmingly heard Annette say ‘the space is too small’ due to the number of people using the same, and felt they were outgrowing the space. She said in trying to find the solution and hearing the tremendous feedback City Council Minutes Page 4 August 13, 2018 ----------------------------- over 2 years ago asking the user groups about the facilities, she heard, “We want to be together but I don’t want to hear the pool players while I’m doing yoga.” She stated she’s having a hard time understanding the senior’s desire to stay in a building when there are these types of complaints and she wants the users of the facility to be happy. She felt the $1.5 million isn’t solving the space issues, the parking concerns, and the future programming needs; it’s only fixing an aging building, and because space is a big issue she didn’t feel this is creating a building that will be usable for the next 40 years. She stated this past week she kept hearing the Andover YMCA was a great model and she wants to ask the group again: are we doing a disservice by not looking into the YMCA to see if it’s an option. She wants to find a solution that fits the needs of the city for several decades to come. She said they’ve talked about their desired location but they haven’t addressed nor presented what the room spaces look like and would like the senior’s input on that regardless of the location. Mr. Lorge stated the drawings presented last week for space in the arena were too vague to make any determination and would like more information based on room layout details and what they would be voting for. He stated it’s hard to vote on 2,700 square feet of empty space. He requested the council get plans drawn to show the seniors exactly what they’re buying. Councilmember Wagner agreed but stated they also need to be careful when asking an architect draw up plans numerous times. She indicated this came up very quickly, and trying to take in the information now of the seniors not wanting to leave the Activity Center, she wants to make sure she’s taking care of the entire 55+ community, and she feels they are trying to achieve that regardless of the location. Mr. Lorge stated he wants to ensure the space continues to provide a community feel and shared it was a life-preserver to him when he started attending the Activity Center. Councilmember Ovall stated he is obviously torn and seeing a 67% increase in costs was a shock to him and one that he isn’t happy about. He stated he needed time to process that increase. He shared how he understands the fishbowl affect when an environment is too small and limits potential, creating a space that’s crowded and unwelcoming. He hasn’t been able to get sufficient evidence to see where the senior centers are growing, staying the same, or declining, and perhaps when they decline it’s attributed to the area they operate within. That being said, he says they have other seniors that come on board more independent and he feels responsible to cover all types of users. He feels community is also a state of mind and behavior. He stated he is still at a conundrum and would like to continue to discuss and review options. He stated he spoke to four seniors since the last meeting and once he explained more details and answered their questions, they were in support of the referendum. Mayor Dietz stated he is hearing uncertainty from the other councilmembers and stated he thought they were supposed to make a decision tonight. He was concerned with the timeline and literature being prepared for the public. He said he’s fine to City Council Minutes Page 5 August 13, 2018 ----------------------------- have a placeholder of $1.5 million for a senior center and to figure out the details after the vote. Councilmember Wagner stated she didn’t think it was fair to hear the change in details 35 minutes ago and the drawings presented last week for the multi-purpose facility weren’t detailed enough, so it was hard for her to support it. She said if she had to choose A or B, she would choose the lower dollar figure but it wasn’t that simple after hearing from the seniors tonight. She asked if it was worth paying the $100,000 fee to have plans drawn up by 292 Group and RJM Construction to provide the seniors more detailed plans. Councilmember Westgaard stated the architect fees don’t add up that fast but the construction document fees add up. He asked if Councilmember Wagner would be willing to lead a group to meet with seniors in the next few weeks to receive their priorities, and along with Tom Betti, 292 Design Group and Brian Recker with RJM Construction draw up plans and schematics to illustrate their needs and the sense of community desired by the user group. He stated if that’s wasn’t supported by the voters, then he suggested the $1.5 converts back to the updating their current facility. Councilmember Wagner indicated she would be happy to do it. Councilmember Westgaard stated the space decisions don’t have to be completely solved by the end of September but can be worked on up until Election Day, allowing the seniors to have an amended set of plans they can agree to and get behind. Mayor Dietz asked if the literature state $1.5 million spent either at the multipurpose center or the current facility. Councilmember Westgaard stated the budget is $1.5 million dollars and what they saw from RJM was a small space appended onto the activity center building. He stated the senior community space wasn’t even considered in 2017 when laying out the multipurpose facility. He said they have around two and half months to prepare and while he doesn’t want to speak on behalf of Tom Betti and Brian Recker, he feels confident that they would be willing to meet with them to provide something the community can get behind. He suggested that staff hold off on membership and programming activities and just talk about visualization of space to find common ground. He stated if they can’t see themselves at the center, they consider how they’ll renovate the space at the Activity Center. Mayor Dietz stated we may be setting ourselves up to fail the referendum as even if the seniors vote no, the council would automatically keep them at the senior center. Councilmember Westgaard stated it’s one of those things that doesn’t make sense to him but it really is about representing the people that voted for them, and why aren’t they considering keeping them at the activity center if they are screaming to stay there. City Council Minutes Page 6 August 13, 2018 ----------------------------- Councilmember Wagner stated she can’t say A or B right now and part of this doesn’t make sense to her either, but they are put in the position to represent the residents and she is willing to put in the work to meet with 292 Design Group and feels they will work together to find a solution alongside the seniors. Jim Pepin, senior center representative, stated he concurred with Mr. Lorge and that the 2,600 sq. feet of dedicated space was committed to the seniors. He also stated Mayor Dietz’s proposed membership fee of $25 is conservative, and felt the acoustics are great in the Activity Center. Councilmember Ovall stated if would be helpful to have Mr. Portner and staff also discuss how programming would work within the space as he felt it important to have that feedback of selling the vision that the programming would work. He asked if the conversation of logistics have been discussed. Mr. Portner stated they haven’t discussed anything specifically but would have no doubt staff is already thinking of possibilities. It was the consensus of the create schematics with 292 Design Group with guidance from Councilmember Wagner and representatives from the senior community and hold meetings to discuss activity center layout. 3. 2019 Budget Ms. Ziemer presented the staff report. Each department reviewed their performance measures and goals along with their budget. Ice Arena Mr. Czech presented a handout outlining his division performance measures and goals for 2019 operating both sheets of ice. He indicated a ‘give and take’ will have to occur between groups to schedule ice time and if referendum passes, other groups will have to find ice time elsewhere. He indicated the possibility of staff layoffs for part of the time the ice sheet is down. The council took a short recess at 5:42 p.m. and reconvened at 5:52 p.m. Energy City Councilmember Wagner requested a sponsor be found to provide funds for the solar picnic table. Mayor Dietz stated he would ask ERMU to support half of the cost. Garbage Councilmember Wagner stated she would like to see use of the Recycle Coach app double in order for her to continue supporting it. Fire It was the consensus of the council to allow a firefighter to come on board now in light of a pending March 2019 retirement. City Council Minutes Page 7 August 13, 2018 ----------------------------- -------------- Mayor Dietz requested the council meet in person with former Fire Chief T. John Cunningham to discuss his recent request for additional wages. He would like to revisit it at a time when he can be here. He stated he wasn’t sure if it would change their minds but would like him to have a chance to discuss points when Mr. Cunningham is present. It was the consensus of the council to hold a work session with former Chief Cunningham on September 4, 2018, to discuss his severance request. Mayor Dietz asked if employees can update their work phone voicemail message to include their name so people know who they’re reaching. Mayor Dietz stated he has received calls from concerned fire fighters regarding the job position description for the fire chief and requested the position description be reviewed at the September 4 council meeting. He stated the fire fighter concerns were that they’ll be hiring an administrative-type chief and he wants to make sure the job description is sufficient. --------------------- Mayor Dietz and Councilmember Westgaard will be absent for the August 20, 2018, council meeting and Councilmember Ovall will be acting mayor. 5. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:06 p.m. Minutes prepared by Jennifer Green. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 20, 2018 Members Present: Acting Mayor Nate Ovall, Councilmembers Jerry Olsen and Jennifer Wagner Members Absent: Mayor John Dietz and Councilmember Matt Westgaard Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg, 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 6:05 p.m. by Acting Mayor Ovall. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider August 20, 2018, Agenda Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the August 20, 2018, agenda. Motion carried 3-0. 4. Consider Consent Agenda Item 4.2 was removed from the agenda. Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the following consent agenda: 4.1 Check register, check numbers 107241-107428 as outlined in the staff report. 4.3 Contract with Hakanson Anderson, Inc. for construction inspection services until the vacant engineering technician position is filled. 4.4 Extend the deadline to record the final plat of Solid Rock Addition to November 18, 2018. 4.5 Accept quote by New Look Contracting in the amount of $165,485 for site grading and storm sewer construction for the 6 ½ Street and Quinn Avenue improvement. 4.6 Resolution 18-51 approving loan agreement (Alan Arnold Corporation/ Ralphie’s Minnoco Energy Project). 4.7 Hire Thomas Chaffin as Police Officer effective August 21, 2018. 4.8 Contract for communication services with Rapp Strategies, Inc. 4.9 Accept quote for work on various small street improvement projects for 2018 by North Valley, Inc. in the amount of $103,535.37 City Council Minutes Page 2 August 20, 2018 ----------------------------- Motion carried 3-0. 5. Open Forum No one appeared for Open Forum. 6.1 Volunteer of the Month Acting Mayor Ovall presented the August Volunteer of the Month award to Karen Staples. He highlighted the following:  25 years as finance chair on the leadership team of the Special Olympics  Fundraisers for Special Olympics at various locations  Assisted with Special Olympics annual basketball tournament hosted by the Elk River Area 7 team  Supported Special Olympics athletes at basketball, softball, and bowling events  Worked Special Olympics at Otsego Prairie Days  Is a Certified Level 1 Special Olympics coach 7.1 Simple Plat: Dickenson Addition Mr. Leeseberg presented the staff report. Acting Mayor Ovall opened the public hearing. Steven Smith, 18584 Troy Street - Expressed concerns with the future of Troy Street because it is currently a private road. He asked if the road would be paved or offer city services in the future. He questioned if there was any information regarding the future of the campground (Wapiti Park). Mr. Leeseberg stated the road will continue to be a private street. He discussed the easement and how it would continue to allow access to surrounding property owners. He stated he doesn’t know the status of the campground. Mr. Smith questioned the type of housing proposed for the campground land. Mr. Leeseberg stated nothing has been proposed to the city. He stated if a road were to come in, it would most likely be on the middle of the adjacent parcel (campground land). There was discussion about possible zoning changes and whether it could affect the road but it was unknown what would happen in the future with any development. Mr. Smith asked if the residents were locked into having a private road or whether they could have a road that is accepted by the city and improved with city services. City Council Minutes Page 3 August 20, 2018 ----------------------------- He stated he doesn’t want to be locked into a private road and would like city services in the future. Mr. Leeseberg stated currently it would remain a private road because the city doesn’t have right-of-way on some of the properties. Mr. Smith noted the property owners would need to come together and be cooperative in establishing the road right-of-way. Michael Klopping, 18540 Troy Street – Questioned who has ownership of the private road. Mr. Leeseberg explained how each owner along the road owns a portion of the road and there are easements in favor of the differing property owners. Acting Mayor Ovall closed the public hearing. Councilmember Wagner stated this simple plat is not affecting the road at this time, but noted in the future someone can come back and ask for a zoning change. Mr. Smith expressed concerns about maintenance of the road if the campground closes down further noting they would have to come together to determine how to maintain it. Mr. Portner discussed the process for how the city would take over a road, which would involve a taking and assessments to the abutting property owners for building the new road and the infrastructure. He noted the current road is functioning as a cartway, which has a different definition in land use. He stated the neighbors would need to discuss the issue and decide how they want to approach it. He stated the neighbors could petition the city to take over the road. Mr. Leeseberg also noted some of the lots may become non-conforming with the change in road ownership to the city. Councilmember Olsen noted there are a lot of private streets in Elk River, which create issues similar to this. He stated it is problematic in land use issues and not wise to put them in. Mr. Smith expressed issue with his road being called a cartway and the city separating its responsibility, which he finds troubling. Mr. Portner stated this was not the intent of staff and explained how a cartway is a legally defined term. He explained the city has no ownership or control of the cartway. He stated the adjacent property owners would need to petition the Council as a group if they want to proceed with a different roadway. He explained how this is like a private driveway on someone’s land to their house. City Council Minutes Page 4 August 20, 2018 ----------------------------- Acting Mayor Ovall explained the word cartway is an old vernacular term used in real estate. Mr. Smith stated he would like to work cooperatively with the city. Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt Resolution 18-52 granting final plat approval for Dickenson Addition, Case No. P 18-09 with the following conditions: 1. Surface Water Management Impact Fee (urban) shall be paid for one (1) lot at the rate applicable at the time the final plat is released for recording. 2. Park Dedication (low density) shall be paid for one (1) dwelling unit at the rate applicable when the subdivision is released for recording. 3. The new parcel (Lot 1, Block 1) will be required to hook up to the city water system. 4. The existing septic system (Lot 2, Block 1) will be required to have a septic compliance inspection and must be shown to be compliant. 5. An ingress/egress easement benefitting all parcels north along Troy Street must be filed prior to recording the plat. 6. Any item or condition found indicating the site is likely to yield information important to pre-history or history shall immediately be reported to the city. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. Motion carried 3-0. 8. General Business There was no General Business. 9. Discuss Work Session Items There were no work session items. 10. Adjournment There being no further business, Acting Mayor Ovall adjourned the meeting of the Elk River City Council at 6:32 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk