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08-06-2018 CCM��- Meeting of the Elk River City Council ver 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 Pormer, 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 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 August G, 2018 Page 2 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 Hite Dawn Regan as secretary/receptionist for the Police Department effective Friday, August 17, 2018. Motion carried 5-0. S. 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. 10W I II BI NATURE 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 plana 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. P 0 V I R E 1 81 ATURE City Council Minutes August 6, 2018 9.1 Council Liaison Updates Page 4 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. • ERMU's 71" birthday was July 11. • ERMU hosted annual MMPA meeting. ERMU set to become 13`h 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 rogr f A f 1 1 1 NATURE City Council Minutes August 6, 2018 Page 5 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 Oval] 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 P1w I R [ 1 1r NATURE City Council Minutes August 6, 2018 Page 6 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 right 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. p0IEIEI II NAYURE 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 cafe 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 F 001 E A E IDR I ATTR E City Council Minutes August 6, 2018 Page 8 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. Pormer 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 P 0 V F R E 1 R Y NATURE City Council Minutes August 6, 2018 Page 9 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. Counciltnember 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. Irvo�►wlTeEUo REwr City Council Minutes August 6, 2018 Page 10 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.) II. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:34 p.m. prepared by Jessica Miller. Dietz, Tina Allard, City Clerk 100'EOEI I1 NATURE