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4.1. DRAFT MINUTES (3 SETS) 06-15-2020 Virtual Meeting of the Elk River City Council Held Via Zoom at the Elk River City Hall Monday, May 18, 2020 (Due to the COVID-19 Pandemic) Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, Public Works Director Justin Femrite, Fire Chief Mark Dickinson, Recreation Manager Steve Benoit, Recreation Coordinator Tim Dalton, and Recreation Coordinator Karen Wingaard, and Police Chief Ron Nierenhausen 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 6:33 p.m. by Mayor Dietz. 2. Roll Call  Councilmember Christianson  Councilmember Ovall  Councilmember Westgaard  Councilmember Wagner  Mayor Dietz 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 Professional Services Contract 20-11 with Patchin Messner Valuation Counselors to complete residential land valuation study. 4.2 Check register, check numbers 114431 - 114532 as outlined in the staff report. 4.3 Hire Darian Poser as Investigative Assistant effective Friday, May 22, 2020. City Council Minutes Page 2 May 18, 2020 ----------------------------- 4.4 Permanent and Temporary Easement from Central Lutheran Church to facilitate relocation of signal system and associated entrance work. 4.5 Pay estimates as outlined in the staff report. 4.6 Low bid and authorize execution of Contract with North Valley, Inc. 4.7 Professional Services Contract 20-12 with Kodet Architectural Group, Ltd. to complete construction documents and project oversight for the restoration work on the Jackson Street Water Tower. 4.8 Hiring Alisa Wallace to position of part-time recreation assistant effective Tuesday, May 19, 2020. Motion carried 5-0. 5. Open Forum Mr. Portner read the following public comments into the record. Jacob Peterson, 19468 Dodge Street, would like to see the Farmer’s Market expanded to a larger event and he would also like Council support for the Elk River Food Co-op. Mr. Portner stated he emailed Mr. Peterson to inform him the Council met with the co-op in April of 2017 and assisted them with marketing efforts to drive membership. th Bonnie Schmitz, 12495 225 Court, representing the Ridges of Rice Lake Homeowner’s Association discussed the deterioration of their private trail. She stated the Association has $12,000 allocated to replace it and asked Council for support if the bid is over $12,000. Mr. Femrite discussed the mill and overlay project scheduled for Ridges of Rice Lake and commented it would make sense to combine the trail project with the city project. He stated he discussed with Ms. Schmitz, how she could get a quote from the city contractor, but responsibility for payment would be separate from the city contract. 6. Presentations, Awards, and Recognition There were no presentations, awards, and recognitions. 7.1 CommonBond Elk River Housing Limited Partnership a. Land Use Amendment: Highway Business to High Density Residential b. Comprehensive Plan Amendment: 60-Unit, 3 Story Apartment Building c. Conditional Use Permit: Establish a Planned Unit Development d. Preliminary Plat: Elk Ridge Center Sixth Addition City Council Minutes Page 3 May 18, 2020 ----------------------------- Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing. Mayor Dietz stated he previously met with the applicant and encouraged them to hold neighborhood meetings. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to continue the public hearing to June 1, 2020. Motion carried 5-0. 7.2 Tall Pines Second Addition a. Zone Change: Business Park to Planned Unit Development b. Preliminary Plat: Townhome Development c. Conditional Use Permit: Planned Unit Development. Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Mr. Portner read various public comments into the record as added to the staff report. Mayor Dietz continued the public hearing. Mr. Carlton stated he received additional comments and will include them in the June 1 Council packet. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to continue the public hearing to June 1, 2020. Motion carried 5-0. 7.3 Conditional Use Permit: Installation of Four 30,000-Gallon Chemical Storage Tanks, Beaudry Oil & Propane Mr. Leeseberg presented the staff report. Councilmember Ovall noted a conflict of interest and would abstain from comment. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve Conditional Use Permit, Case No. CU 20-06 with the following conditions: 1. The project shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes. City Council Minutes Page 4 May 18, 2020 ----------------------------- 2. A Knox Box shall be mounted as close as possible to the gate. The final location shall be approved by the fire chief. 3. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 18, 2020. Motion carried 4-0. Councilmember Ovall abstained. 7.4 Conditional Use Permit: Educational Use, Three Rivers Montessori Mr. Leeseberg presented the staff report. He outlined the following comments received after the planning commission meeting noting he responded back to each them.  Questions about whether there is another Montessori school in Elk River, parking, number of teachers/students, hours, and drop off.  One resident in favor of the project but they don’t’ want to see parking on the street.  Questions on teachers/students, and funding. Mayor Dietz opened the public hearing. Mr. Portner read additional public comments into the record as added in the staff report. Mr. Leeseberg responded to the comments with the material in his presentation. He stated the applicant narrative indicates this will be the first Montessori School within the school district. Mayor Dietz closed the public hearing. Councilmember Wagner asked for staff confirmation regarding their comfort level with parking. Councilmember Westgaard stated it is nice to see the building being utilized but suggested proceeding cautiously when allowing institutional use into business or commercial space. He is not sure there are many options to expand this facility in the area. He further stated he has no issue with the request if the school can keep traffic controlled to their own property. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve Conditional Use Permit, Case No. CU 20-08 with the following conditions to satisfy the standards set forth in Section 30-654: 1. The building shall be inspected by the city building official and fire marshal to verify compliance with all building and fire codes and identified violations must be addressed prior to issuance of new building permits for the property. City Council Minutes Page 5 May 18, 2020 ----------------------------- 2. No vehicles associated with the school may be parked or queued in the city right-of-way or on a public street. 3. An amendment to this Conditional Use Permit will be required for future expansions/additions not shown on the site plan dated May 18, 2020. Motion carried 5-0. 7.5 Conditional Use Permit: Operate Recreational Use, Planet Fitness Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Mr. Portner read comments into the record as noted in the staff report. Mayor Dietz closed the public hearing. Moved by Councilmember Christianson and seconded by Councilmember Ovall to approve Conditional Use Permit authorizing the recreational use as the standards set forth in Section 30-654 have been satisfied. Motion carried 5- 0. 7.6 Preliminary and Final Plat: Eagles Marsh Fourth Addition, Phoenix Enterprises Mr. Carlton stated the applicant has requested to continue this item. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing. Moved by Councilmember Wagner and seconded by Councilmember Christianson to continue the public hearing to June 1, 2020. Motion carried 5- 0. 7.7 Conditional Use Permit: Expand Mineral Extraction Operations, Knife th River Corporation, 11650 225 Avenue 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 Christianson to approve Conditional Use Permit, Case No. CU 20-10, th expanding the existing mining operations at 11650 225 Avenue with the following conditions: City Council Minutes Page 6 May 18, 2020 ----------------------------- 1. Installation of a cattle grid device at the entrance/exit. 2. Staff approval of a maintenance agreement addressing street sweeping and concerns with maintenance of the public street. 3. Maintain yearly gravel mining license. 4. Follow all conditions of approval outlined in CU 09-14 and CU 97-02. Motion carried 5-0. th 7.8 Easement Vacation: Twin Lakes Road & 175 Avenue, Community Housing Development Corporation Mr. Carlton stated the applicant has requested an extension to amend his request. Mayor Dietz opened the public hearing. Mr. Portner read public comments into the record as noted in the staff report. Mayor Dietz continued the public hearing. Councilmember Wagner asked staff to have the applicant reach out to the neighbors. Moved by Councilmember Ovall and seconded by Councilmember Wagner to continue the public hearing to June 1, 2020. Motion carried 5-0. 7.9 Ordinance Amendment: Chapter 46, Nuisances Mr. Carlton presented the staff report. Councilmember Christianson stated most pontoons do not come with trailers and are designed to be stored on the ground. He expressed concerns with pontoon boats being included with other boat types. Mr. Carlton stated an exemption could be added for pontoons. He noted there will be another ordinance amendment coming forward where they would be allowed on the grass without a trailer. Mayor Dietz stated this item was originally brought forth due to a resident complaint and had Council consensus. He liked the idea Council had agreed upon for having them stored in the backyard. Councilmember Christianson stated he would like to exempt pontoons. Mayor Dietz suggested removing this item and handling it under Chapter 30 with the parking item. Mayor Dietz opened the public hearing. City Council Minutes Page 7 May 18, 2020 ----------------------------- Mr. Portner read public comment into the record as noted in the staff report. Mayor Dietz closed the public hearing. Councilmember Westgaard asked for clarification of bullet #5 in the staff report regarding parking of semi-tractors and separating size, noting there may be some under 5,000 lbs. parked in driveways on a regular city lot. Mr. Carlton stated the proposed ordnance says a vehicle in excess of 7,000 lbs. can be parked on any residential lot that is minimum 2.5 acres. Attorney Beck stated Council could add language specifically excluding pontoons from the ordinance, but if concerns are deeper, then the item could be discussed at a future meeting for further discussion. Mayor Dietz would like bullet # 1 moved to the June 15 Council meeting and a vote on the rest of the items. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve bullet points two through five of the staff report. Motion carried 5-0. 8.1 County Road 12 Plans Mr. Femrite presented the staff report. He stated he reached out to the county to inquire about their Capital Improvement Plan (CIP) for the next five years and the cost participation expected within other communities, which needs to be taken into consideration when reviewing the CSAH 12 project. He introduced County Engineer David Roedel. Mr. Roedel discussed some of the benefits of the CSAH 12 project that were a result of comments received from the community and Council dating back to 2018. He stated they recently learned the city has some funding for trail work and are considering adding it to the project. Councilmember Westgaard stated the county has done the best they can to accommodate all needs; however, he is not comfortable with the $1 to $1.2 million cost participation given the 5-year CIP would obligate the city to another $2 million. He discussed costs for upcoming projects such as Proctor/Highway 10 enhancements Twin Lakes Road/ Highway 10 enhancement, and TH 169 He stated he is not comfortable borrowing from the future. Mr. Roedel stated the $2.9 million also includes the CSAH 1 and CSAH 12 project. He stated the county would like to understand the city’s’ financial concerns and it’s the reason they created a 5-year CIP. He suggested consideration of some turnback projects, such as CSAH 33 in 2023 for realignment as a county road to assist with reducing the budget on this project. City Council Minutes Page 8 May 18, 2020 ----------------------------- Councilmember Westgaard questioned if CSAH 12 could be reduced to a mill and overlay project to help the city get through its major road projects and budget impacts over the next 15 years. Mr. Roedel stated CSAH 12 started as a mill and overlay but in 2018 morphed into a larger project based on past discussions. He stated it could be scaled back, but the current safety concerns would remain. Mayor Dietz referenced a letter in the staff report received from resident Donita Grell and noted he agreed with many of her points. He stated the left turn onto Tyler Street will become a U-turn for Hillside Park users and is not a benefit to the city. He doesn’t like the location of the roundabout given it will allow a legal U-turn to Trott Brook Parkway. He questioned who would drive further to the roundabout when a U-turn could be completed sooner at Trott Brook Parkway. He concurred with Councilmember Westgaard regarding scaling the project to a mill and overlay. He stated he would not be voting to have the city spend over $1 million from the pavement management fund for this project because those funds are earmarked for several years. He stated the signal lights will be a vast improvement. Councilmember Christianson asked if it is typical for counties to have cost sharing policies. Mr. Roedel stated county policy is in line with other county policies. He stated there haven’t been major projects in Elk River on an urban roadway, noting this is a different type of project as the road is being built to an urban standard with inclusion of items such as curb and gutter; therefore, the cost participation comes into play. He stated there will most likely be drivers making U-turns at Tyler Street but a driver making a left turn at Tyler Street without a left-turn lane would not be protected from a rear-end collision. Mr. Femrite stated back in 2017 the county updated their policy and were reviewed by the city. He noted the county made changes to the cost participation portion of the policy at city request to be less of a burden than originally proposed. He stated, since joining the city in 2010, the county has not asked for any cost participation on any of their road projects. He stated the city has not budgeted for county road project participation because it was never asked for funds and previous county staff wasn’t following their own policies. Councilmember Ovall stated the city had a great plan with franchise fees but now it is an issue and suddenly needs to be evaluated. He questioned why the city is now having a rash of projects needed now. Mr. Femrite stated this is a larger discussion for the city capital planning process. He stated other funding options, besides franchise fees, should be considered as well. City Council Minutes Page 9 May 18, 2020 ----------------------------- Councilmember Ovall suggested these types of projects be bonded and bundled with multiple projects. Councilmember Wagner stated she would like to find a way to make this project happen and made the following comments:  Stoplight at CSAH 12 and CSAH 13 must be installed.  Like roundabout at Johnson Street because it allows slowing of traffic at the intersection.  Need trail connections due to high growth and nearby school. Kids in urban service district should be able to walk on a sidewalk. Councilmember Wagner asked for clarification as it relates to speed being the largest safety concern. She noted, per the county, the speed limit cannot be changed but the plan has medians designed into the project for traffic calming. She questioned how this would work. Mr. Roedel stated raised medians on a 4-lane road with curb and gutter provides a comfort level for a driver at a higher rate of speed. He stated the roundabout and splitter islands cause traffic to slow down in advance. Councilmember Christianson asked for an explanation of turnbacks. Mr. Roedel stated county roads typically have a clean, straight path and provided an example of how CSAH 33 is a tight, curvy road not fitting the county road system. He stated there may be portions of the road that would make sense to turnback to the city when it is evaluated and improved in the future. He stated costs for the CSAH 12 project could be offset with early turnbacks to the city. Mr. Femrite explained further the turnback process. He stated if the city took possession of CSAH 33 as an asset, it would have half of its useful life gone and the improvement costs would be built into an agreement. He stated a city would normally accept a turnback when it has been fully restored as brand-new pavement. He noted there are other options for turnback consideration in the future. Councilmember Ovall stated turnbacks could buy the city funding time. Mr. Femrite stated there is capacity in the state aid fund to cover this project with some later project sacrifices. Councilmember Ovall questioned what would happen if this project is not approved. Mr. Roedel stated they would be required to go back to the design phase and the project wouldn’t occur this year. Councilmember Wagner stated she would like to push the decision on this project to the June 1 Council meeting so they can have a further discussion on turnbacks. City Council Minutes Page 10 May 18, 2020 ----------------------------- Councilmember Christianson concurred. Mr. Femrite clarified the June 1 meeting would include municipal consent and a joint powers agreement with cost participation details. Councilmember Westgaard stated he is still leaning to the original mill and overlay project due to funding impacts. 8.2 Engineering Division Transition Mr. Femrite presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve contracting with Bolton & Menk, Inc. for engineering services as detailed in the staff report. Motion carried 5-0. 8.3 Multipurpose Facility Advisory Commission Mr. Portner presented the staff report. He noted Elk River Flag Football Association has been added to the ordinance. Councilmember Wagner received feedback questioning why a parks and recreation commissioner was not on this commission. She suggested considering them as a liaison member in the future. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to approve the Multipurpose Facility Advisory Commission outline. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to direct staff to prepare an ordinance amendment enabling the commission and removing the Elk River Ice Arena Commission from city ordinance. Motion carried 5-0. 8.4 COVID-19 Preparedness Plan – Live Meetings Mr. Portner presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve the COVID-19 Preparedness Plan for live meetings. Motion carried 5-0. 8.5 Resolution Urging Governor to Remove Stay-at-Home Order Mr. Portner presented the staff report. He mentioned the public comments received as shown in the staff report. City Council Minutes Page 11 May 18, 2020 ----------------------------- Mayor Dietz stated there is extreme frustration among mayors of many cities about the Governor’s executive orders. He cited a resolution passed by the City of Oak Grove noting they are refusing to comply with enforcement of the orders. He told a local business owner they could open but may have to deal with consequences from the state attorney general such as liquor license revocation and a $25,000 per day fine. He stated he would like comments from staff and Council on how they feel about not enforcing the orders. Councilmember Christianson asked if there was consensus from the Council on approving the resolution. Councilmember Ovall asked for clarified on which resolution Councilmember Christianson was referring to: the city resolution advocating to the governor to allow businesses to reopen or the Oak Grove action resolution stating there would be no enforcement of violations related to the governor’s orders. He discussed the country’s government structure and the option to bring a claim to court to settle a dispute on whether the orders are in the governors right and enforceable. Councilmember Christianson asked if Council disagrees with the stay-at-home order and with the language in the city resolution in the staff report. He asked if the Council agrees that a one size fits all approach does not work for the City of Elk River. Councilmember Ovall stated the city resolution is consistent if Council wants to take an affirmative stance with the city government’s role and the authority it was given. He stated he is comfortable with this city resolution. He stated he wants to make it clear to businesses this is not a resolution to allow them to open. Mayor Dietz stated people could read into the last paragraph of the resolution that they can open their business. Attorney Beck stated this language is in a recital and not the action item portion of the resolution (which calls for Governor Walz to retract the order). Attorney Beck stated an order is legal and enforceable until declared unconstitutional by the courts. Councilmember Christianson asked the police chief how he interprets the city resolution as it relates to his duties and if he has received complaints he had to follow up on. Chief Nierenhausen stated he has received numerous complaints from the state, and he is required to respond and follow up to the state regarding the outcome. He stated he has no issues with the city resolution. Councilmember Westgaard stated he has no issues with the city resolution. He stated it is a message from Council urging the state to release stay-at-home orders and let businesses manage and open commerce. He stated he is confused by the article in the paper stating Council would direct local law enforcement not to issue citations. City Council Minutes Page 12 May 18, 2020 ----------------------------- He stated he doesn’t read this language in the proposed resolution. He stated he would not support language directing the police department to not uphold the law as it would open the city up to scrutiny and liability and set a bad precedent. He stated he is not comfortable with the discussion on whether this infringes on constitutional right and the role of the city in the larger picture. He further noted people in small business are hurting terribly and he doesn’t get how some are required to be closed while others can open. Councilmember Westgaard stated the city has not shut down business and they are free to open their doors, but they need to be aware they will face consequences from the state/federal level with punitive damages, citing Shady’s Bar. He expressed concerns with the city getting caught up in legal matters by allowing a business to open and operate. Councilmember Christianson, based on comments he had read in the newspaper, questioned Mayor Dietz as to which resolution he was leaning toward. Mayor Dietz stated several law enforcement agencies are giving warnings and not issuing citations. He stated he would like stronger language in the resolution. He disagreed with Councilmember Westgaard. He stated he made it clear to businesses he has communicated with that if Council decided to not enforce the state order, it would still be on the business owner to accept the consequences from the state. He noted a lot has changed since he spoke to the paper, citing the Shady’s Bar case. He stated people want action and the Governor will probably ignore the resolution. He stated he is really frustrated with the situation and may have over spoke to the paper. Councilmember Wagner stated we want to open every business as quickly and safely as possible. It is difficult for her, and unfair, to ask law enforcement to go against their oath. She stated she hasn’t found any information where a City Council can overturn a state order. She stated she doesn’t want to be responsible for giving local business a false sense of security. She stated she supports the city resolution with confirmation from the city attorney that it isn’t asking law enforcement to turn a blind eye. Attorney Beck stated he is comfortable with the city resolution as written. He added the governor’s order currently has the full force and effect as state law. Councilmember Westgaard asked if there were anything else the city could legally do to assist businesses with reopening. Councilmember Ovall asked if the League of Minnesota Cities (LMC) has filed any resolution with the state; noting if there was a constitutional issue, it would most likely have been documented by now. Mr. Portner stated LMC has provided guidance to cities on the matter. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to adopt Resolution 20-24 urging Governor Walz to allow all businesses to reopen. Motion carried 5-0. City Council Minutes Page 13 May 18, 2020 ----------------------------- Councilmember Westgaard stated the strength of our community will rely on how well we can collectively govern. Councilmember Ovall concurred. Councilmember Westgaard noted the Council works together as one and to go on a social media outlet and state, “this is what I wanted to do, but no one else wanted to do it,” starts pitting people against each other, similar to what is seen at the state and federal level. He stated this is not needed at the local level and we need to work together to support the community during difficult times. He stated this can be detrimental to the Council and the community. 8.6 Suspension of Temporary Sign Fees Mr. Carlton presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Christianson to suspend temporary sign permit fees and standards until July 31, 2020, as outlined in the staff report. Motion carried 5-0. 9.1 Windsor Park III Sewer Options Mr. Femrite presented the staff report. th Jason Bailey, 13731 214 Court – discussed Windsor Park III septic compliance issues and expressed concerns for maintenance in fall 2020. He stated a rebuild of their private system could cost approximately $550,000 to $750,000 or they could join the main city sewer line scheduled for installation along the Great Northern Trail. He stated there is no public funding available to assist his neighborhood with repairs. He would like to connect to the city sewer system and noted the $2.2 million cost. He stated they would have issues fixing their own system if not allowed to connect to the city system. Councilmember Westgaard clarified with Mr. Bailey that he is asking for one of the following options:  Allow connection to the city sewer line installed along the Great Northern Trail; or  Financial assistance if the neighborhood were to fix its private septic system. Councilmember Westgaard felt the best solution may be to connect to the city system because of the unknowns with the private community septic in the future, such as MPCA law changes. Mr. Bailey discussed the complicated issues surrounding a community septic. City Council Minutes Page 14 May 18, 2020 ----------------------------- Mayor Dietz stated a financing plan for the private septic improvement could be considered but he wouldn’t be in favor of funding it. Mr. Bailey stated he didn’t think it would be fair to charge his neighborhood the full $2.2 million outlined in the feasibility study because in the future the nearby neighborhoods could also join the city’s main sewer system and should be required to pay their fair share. Mayor Dietz asked if there was developable land in the area that could benefit from a sewer line. Mr. Femrite stated it would be a Council policy decision on whether the city is willing to participate in some of the oversizing costs. He stated it is hard to determine costs without a trunk area study. Mr. Femrite stated other parcels could connect to this line with their own improvements. Councilmember Westgaard stated it wouldn’t be fair to make the neighborhood pay for the infrastructure for future nearby development. He suggested a work session to establish a Council policy. He felt the city sewer connection was the best for this development in the long-term. Mayor Dietz asked when a final decision needs to be made. Mr. Bailey stated he didn’t think the septic system would get them through the next winter. Mr. Femrite stated the construction window for the season is rapidly closing and all approvals, homeowner signatures approving the assessment, final design, bids, and construction would need to be completed within the month in order to fix the system by the end of the year. Mr. Bailey felt half the homeowners wouldn’t sign off on approving the assessment. Mr. Femrite questioned what percent of neighborhood approval of the project Council would accept before deciding to move forward to force people to connect to a city sewer system. Councilmember Westgaard stated there must be a majority or collective agreement and then the city can step in help the neighborhood with installing the infrastructure and setting up a finance plan. He stated it is up to the homeowner’s association to make the decision to go this route or continue with private permitting through the state. Mayor Dietz asked if the city would have to use the 429 Assessment Process. He further stated the city would like the homeowner’s association to be on board. Attorney Beck stated yes and further discussed the hearing process. He stated the issue of costs spread to adjoining neighborhoods and a trunk assessment raises a lot of potential issues. He stated there are a multitude of financial and policy issues. Councilmember Westgaard stated the city is here to help and to work with the association. City Council Minutes Page 15 May 18, 2020 ----------------------------- Attorney Beck asked Mr. Bailey to provide a copy of the association’s bylaws and covenants. 9.2 Fire Department Reorganization Chief Dickinson presented the staff report. Council had no concerns or issues with the proposal if it didn’t involve additional funds or positions. 9.3 Recreation Summer Events and Programming (due to COVID-19 Pandemic) Various recreation staff presented the staff report. Ms. Wingaard stated she would prefer to keep the farmer’s market in the downtown for consistency. She discussed use of additional parking spaces due to social distancing requirements related to COVID, noting this could change based on state orders. Ms. Wingaard discussed options for the Riverfront Concert Series. Council concurred with Option 3, the reschedule of June concerts to August. Mayor Dietz asked about televising the concerts. Ms. Wingaard stated it would depend on the band contracts. Mr. Benoit stated it would further depend on cable department resources and availability. Councilmember Ovall stated if the contracts state no televising, he would still like staff to reach out to them personally. Mayor Dietz stated it would be great to televise this year because of the pandemic as there are some people who won’t be able to attend them. Ms. Wingaard reviewed the Elk Riverfest event options. She noted cancellation of many similar events in the area. Councilmember Christianson stated he’d like to keep the fireworks on Independence Day. Mayor Dietz didn’t feel hosting the event on Labor Day would mess with school schedules. He felt enough volunteers could be recruited to assist with the event. He didn’t think it feasible to hold the event on Independence Day due to many unknowns with the pandemic and the state order. City Council Minutes Page 16 May 18, 2020 ----------------------------- Ms. Wingaard further expressed concerns with being the only city holding an event and the crowd it could potentially draw. Councilmember Westgaard agreed the event should not be on Independence Day. He further disagreed with Mayor Dietz’s comments regarding school schedules and volunteers because most people around Labor Day are in a different frame of mind thinking about the state fair and getting ready for back to school. He stated it could by more challenging to find volunteers. He would like to keep the fireworks on Independence Day. Councilmember Wagner concurred. She stated she would like to see Elk Riverfest on Labor Day. Ms. Wingaard noted some functions of the festival may not happen due to social distancing guidelines. Mayor Dietz stated the festival could always be cancelled later leading up to the event. Ms. Wingaard noted her biggest concern with moving the event is getting enough volunteers to help. Council consensus is to explore the option of moving Elk Riverfest to Labor Day. Councilmember Wagner suggested sending out a survey to get volunteers. She felt sports groups would step up. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 11:20 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Virtual Special Meeting of the Elk River City Council Held at the Elk River City Hall Thursday, May 28, 2020 (Due to COVID-19 Pandemic) Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall (5:35 p.m.), Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Chief of Police Ron Nierenhausen, Fire Chief Mark Dickinson, Economic Development Director Amanda Othoudt, Planning Manager Zack Carlton, City Attorney Peter Beck, City Clerk Tina Allard, 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 5:30 p.m. by Mayor Dietz. 2. Roll Call  Councilmember Christianson  Councilmember Westgaard  Councilmember Wagner  Mayor Dietz  Councilmember Ovall (5:35 p.m.) 3. Discuss the Governor’s Order Related to Outdoor Dining for Restaurants Mr. Portner presented the staff report. Councilmember Christianson questioned if delegating permit approval would allow the establishments to begin operating with the temporary extensions right away. Mr. Portner stated by adopting the resolution staff can approve permits as they come in and Council can approve at their next meeting. Attorney Beck added this item has been discussed extensively by city attorneys and the consensus is for staff to approve and have Council ratify approval at their next meeting. Councilmember Christianson questioned if staff had examples of revoking or terminating permission as outlined in the resolution. Attorney Beck indicated establishments would have to follow the requirements of the permit, which includes City Council Minutes Page 2 May 28, 2020 ----------------------------- following state law and executive orders including rules for social distancing, etc. He noted any intention to revoke or terminate would be brought back to the Council. Councilmember Westgaard questioned if anything is missing from the Chamber of Commerce perspective or from either the Fire or Police Chiefs. Mr. Portner indicated the resolution was vetted by city staff, Chamber staff, and legal staff and can be brought back to Council for amendments if necessary. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 20-25 approving a temporary waiver of city code licensing and zoning requirements to promote business activities during the COVID-19 health pandemic. Motion carried 5-0. Mr. Carlton presented some options for use of public spaces for use as temporary outdoor dining extensions. Councilmember Wagner questioned if tents are allowed in the temporary outdoor dining areas and whether the city would allow them to be staked on city property. Attorney Beck replied tents are allowed but must have open sides. Mr. Carlton added typically the city does not allow tents on city property to be staked but that is at Council discretion. Attorney Beck noted he didn’t see a need to allow staking as most tents are sandbagged and won’t require stakes. Councilmember Wagner questioned if the delineation would require fencing or just definition of the area. Mr. Carlton explained staff will work with the establishment to define the area and the establishment is responsible for delineation. He added whatever material is used to delineate the space must be maintained and must be durable. Attorney Beck indicated delineation of a liquor area is not a new requirement. Discussion took place on whether businesses would be required to take down the temporary areas every evening. Mr. Carlton indicated staff would support the area being left up, but it would be at the discretion of the establishments. Outdoor dining extensions in the upper city-owned parking lot were discussed. Mr. Carlton outlined plans for some of the downtown establishments to expand. He indicated closing the upper city-owned parking lot would provide the establishments downtown with more freedom to expand. Mayor Dietz suggested staff work with the downtown establishments adjacent to the upper parking lot to see what their needs are and if necessary close the upper parking lot. Mayor Dietz questioned if it was safe to have tables set up in the alley as requested by the Sunshine Depot. Chief Nierenhausen indicated he would prefer the entire area be barricaded as he has concerns with areas being blocked by ropes or other City Council Minutes Page 3 May 28, 2020 ----------------------------- materials not as visible. Chief Dickinson concurred adding he feels it may be safer to block the entire lot to limit traffic. Councilmember Westgaard questioned how service vehicles will access behind the buildings. Mr. Carlton explained the lot would be closed to the public, but service vehicles would be able to access. Councilmembers Wagner and Christianson concurred staff should work with the restaurants to see their needs and close the upper lot if it is warranted. Councilmember Ovall indicated he would like to hear the business comments on closing the parking lot and if they are agreeable, the city could add tables and more spaces for people to dine to the city lot. Mr. Portner explained the temporary outdoor dining extensions must be compact and contiguous to the establishment and the state order caps the maximum number of patrons at 50. Councilmember Ovall questioned if an area could be set up for people utilizing carryout. Attorney Beck explained potential enforcement challenges would be to make sure they tables are not included in a restaurant service area and are properly spaced to meet social distancing requirements. Mayor Dietz believed the city adding tables for carryout would confuse patrons. Councilmember Wagner indicated she would love to make this work, but she sees potential issues with possibly having to add a dumpster for trash and with the tables not being cleaned in between patrons. Councilmember Westgaard questioned if McCoy’s Pub has applied for a temporary extension. Mr. Carlton explained Mr. Othoudt spoke to Mr. McCoy and he plans to use his current deck with no expansion. Mr. Carlton reviewed applications and plans for Sammy’s Pizza, Broadway Bar & Pizza, and the American Legion. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:24 p.m. Minutes prepared by Jessica Miller ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, June 1, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Cal Portner, City Attorney Peter Beck, Planning Manager Zack Carlton, Environmental Coordinator Amanda Erickson, Stormwater Coordinator Brandon Wisner, Public Works Direct/Chief Engineer Justin Femrite 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 Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Ovall and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 May 4, 2020, Regular Meeting Minutes. 4.2 Check register as outlined in the staff report. 4.3 Ordinance 20-05 Amendment: Chapter 10, Section 10-36 Violations; Penalty. 4.4 Tax Forfeiture Resolution 20-26. 4.5 Hire Seth Calvin as IT Manager. 4.6 Ordinance 20-06 Amendment: Add Multipurpose Facility Advisory. Commission; Delete Ice Arena Commission. 4.7 Sherburne County All-Hazard Mitigation Action Plan Resolution 20- 27. 4.8 Fire Department Position Descriptions. 4.9 Liquor License Renewals 4.10 Platted Exemption: Clark Second Addition Resolution 20-28. June 1, 2020 ----------------------------- Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6. Presentations, Awards, and Recognition There were no Presentations, Awards, and Recognitions. 7.1 CommonBond Elk River Housing Limited Partnership a. Land Use Amendment: Highway Business to High Density Residential b. Comprehensive Plan Amendment: 60-Unit, 3 Story Apartment Building c. Conditional Use Permit to Establish a Planned Unit Development d. Preliminary Plat for Elk Ridge Center Sixth Addition Mr. Carlton presented the staff report. The public hearing was opened at the May 18, 2020 city council meeting. The applicant requested that the public hearing be continued. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the public hearing to July 6, 2020. Motion carried 5-0. 7.2 Tall Pines Second Addition a. Zone Change: Business Park to Planned Unit Development b. Conditional Use Permit for a Planned Unit Development c. Preliminary Plat of Tall Pines Second Addition Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Patrick Kelly, attorney representing Roger Derrick, stated there was a demand for residential property and that this property has been vacant since it was zoned. The client is ready to proceed with development. Roger Derrick, the applicant, addressed the concern about only 10 feet between buildings, stating that it was a tradeoff to having windows on all sides and no shared walls. The buildings will be more like single family homes. Jill Larson-Vito, Chair of the Planning Commission, said that a main point that the Planning Commission had brought up was the move from industrial the high density residential and the potential impact if future developments should be noisy or noxious. June 1, 2020 ----------------------------- Mayor Dietz closed the public hearing. Mayor Dietz asked about screening of the industrial area abutting the proposed residential area. Mr. Carlton stated there was tree screening between the two but there could still be noise or odors if there was a different industrial usage in the future. Mayor Dietz asked if there is any way to inform residential property owners that the industrial area was there first and, therefore, took precedence. Mr. Carlton suggested language could be incorporated into the Home Owners Association (HOA) bylaws so that any future buyer would be made aware of the location. Mr. Derrick agreed that a statement could go into the HOA documentation which needs to be signed by any buyer. Councilmember Westgaard agreed that his biggest concern was the location sandwiched between an industrial and a business park. Other businesses were there first and this information needs to be clearly communicated to potential buyers. Councilmember Wagner reiterated Councilmember Westgaard’s concerns and asked how much of the existing tree line they were hoping to keep. Mr. Derrick stated that their intention was to work with the topography to keep as many trees as possible. Councilmember Wagner would like to encourage pedestrian use and make it safe. She feels that the proposal matches the comprehensive plan. Mr. Carlton addressed the sidewalks. The trail on the east goes to Twin Lakes Rd but the one on the west would only be on this property. An extension may be included on the Line Ave project in the future. Mayor Dietz asked about potentially rezoning the nearby vacant parcel. Mr. Carlton agreed that is something that could be looked at in the future. Councilmember Ovall asked about the flexibility of a zone change. City Attorney Beck stated that re-zoning is a legislative decision and there must be a resolution with findings of fact outlining specific reasons for denial. Councilmember Ovall addressed concerns he has with putting a residential area among businesses that are doing well. He felt that citizens have historically had a June 1, 2020 ----------------------------- larger say in issues than businesses and that the proposed plan was directionally inconsistent. Councilmember Westgaard agreed that businesses should have a say, if issues arise, as much as residents and it’s important that a future council convey this story. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the zone change from Business Park to Planned Unit Development (PUD). Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Conditional Use Permit establishing a residential Planned Unit Development PUD), with the following conditions. 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. A permit from Sherburne County is required for work adjacent the Twin Lakes Road (CSAH 13) and for connection to their stormwater system. 3. Streets and access must comply with MN State Fire Code Chapter 5 and Appendix D. 4. Provide detail connections to sewer and water systems and ensure the watermain is looped. 5. Staff approval of all site, utility, engineering, and landscaping plans. 6. Approval of a parking diagram illustrating a minimum of 1 off-street (Public ROW) parking space per two units. 7. Hydrants must be spaced to ensure all portions of a residence are within 250 feet of a hydrant. 8. Wetland setbacks shall be consistent with the site plan dated 6-7-2019. 9. A homeowner’s association must be established, subject to review and approval of the city attorney, and shall be responsible for all, landscaping, snow clearing, and regular maintenance of private drives and driveways. 10. Submit an updated landscaping plan showing additional screening along the north property line. 11. Submit elevations of townhome exteriors which demonstrate variation in building materials. Twenty five percent of the front building façade shall have an exterior finish of brick, stucco, or natural/artificial stone. 12. Adjacent homes shall not be the same color. 13. Provide a trail connection from the end of the private cul-de-sac to the trail along the west side of Twin Lakes Road. 14. No more than two of the same façade design/details shall be adjacent to one another. 15. Mailboxes shall be clustered and located on the private street. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the Preliminary Plat of Tall Pines Second Addition PUD. 1. The preliminary plat shall include right-of-way dedication for the cul-de- sac on Line Ave. June 1, 2020 ----------------------------- Motion carried 5-0. 7.3 Preliminary and Final Plat: Eagles Marsh Fourth Addition, Phoenix Enterprises 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. The Council agreed that many things, including utilities and hydrants, would need to be moved in order to put the sidewalk on the south side. Mr. Carlton confirmed that the Planning Commission had not realized this during their discussion. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Preliminary Plat for Eagles Marsh Fourth Addition, with the following conditions. 1. Pedestrian ramps must meet current ADA standards, including landings and truncated domes. 2. Access to 17760 Lincoln Street must be maintained during construction. 3. Staff approval of all site, engineering, and utility plants. 4. Removed. 5. All homes are required to have two trees in the front yard per ordinance. 6. All mailboxes shall be clustered. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve Resolution 20-29 approving the final plat for Eagles Marsh Fourth Addition with the following conditions. 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Water Availability Charge shall be paid in the amount required by the city when the Final Plat is released for recording (currently $368/plumbing unit). 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in the form acceptable to the city engineer must be secured. 5. Development Plan shall be approved by the city engineer prior to issuance of building permits. 6. Any item or condition found that indicates the site is likely to yield information important to pre-history or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in June 1, 2020 ----------------------------- its approval until the site is appropriately investigated and work is authorized. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the Development Agreement for Eagles Marsh Fourth Addition. Motion carried 5-0. th 7.4 Easement vacation: Twin Lakes Road & 175 Ave, Community Housing Development Corporation Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. The applicant requested to continue the public hearing for Easement Vacation to June 15, 2020. At the July 6, 2020 meeting, further discussion would be held on the Proposed Use of Tax Increment Financing and the state funding application. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to continue the public hearing to June 15, 2020. Motion carried 5-0. 7.5 Public Improvement Hearing for the Lake Orono Restoration and Enhancement (LORE) project Mr. Wisner and Ms. Erickson presented the staff report. Luke Lunde and Laura Cummings from WSB and Associates, were in attendance. Mayor Dietz opened the public hearing. Mr. Portner read a statement submitted by Bob Dilly, 12943 Orono Rd NW. th Mike Boelter, 13897 185 Ave NW, opposed the project questioning the bidding process, the cost, and the benefit to his property. Council responded that the map was determined by the Department of Natural Resources (DNR) and the city has been following DNR guidelines. Not every property will see direct benefit because of the project budget. Mr. Boelter asked the city to look into charging people to use the lake. City Attorney Beck stated it is a public water way and fees are not possible. City Attorney Beck stated the item before the council was to take testimony on whether to proceed with the project. A future hearing would be an opportunity to request to be taken out of the assessment. June 1, 2020 ----------------------------- Joe Walters, 13038 Island View Dr NW, asked why the fish stick structure had been removed. Mr. Wisner explained the fish stick structure was modified to allow for boat traffic and promote habits on the lake. Mr. Walters asked, if the bids came in low, would they be able to afford to take out more of the sediment that may benefit more areas of the lake. Mr. Lunde responded that was a possibility contingent on amending permits with the DNR. Christine Cox, 1836 Main St, was in favor of the project stating improving the lake would be a benefit for the entire community. Mr. Walters returned and asked if the new developments on the southwest side of the lake were included in the assessment. Ms. Erickson confirmed they were included. th Leonora Person, 13726 189 Ave NW, opposed the process of surveying residents during a time when public gatherings were prohibited by the governor. She questioned the results of the drawdown survey. Council stated they had followed the required process set by the State and met the required deadlines allowing a month to respond for the DNR Public Water Permit for the drawdown of Lake Orono. State deadlines did not change due to COVID-19. th Kathleen Boekley, 13776 189 Ave NW, opposed the project because the dredging will not benefit her property. She asked when the proposed date was for the lake drawdown and said it may affect summer activities on the lake. Mr. Wisner explained the date of September 15, 2020 was not set by the city but rather the DNR and was determined so as not to affect the turtles and fish in the lake. Tom Farnsworth, 18613 Simonet Dr NW, was in favor of the project. He felt the money should be used now for this project or we may not have a lake in the future. Shelly Binsfeld, 13230 Island View Dr NW, was in favor of the project. She noted that, while kayaking, she sees a difference between the top of the lake and the river. She also asked if the plan was at 100%. Mr. Wisner responded there may be some small changes with permitting but no large-scale changes. June 1, 2020 ----------------------------- Tom Binsfeld, 13230 Island View Dr NW, explained that they wouldn’t have to wait until everything was de-watered to start the excavation. He also stated people in the shallow mud will benefit. As the sediment is compounded, they will gain volume of water in their areas. He asked about the 8% fee that was mentioned. Mr. Wisner explained that the 8% fee included legal, financial, and administration. Jesse Hartung, 18837 Ogden Street NW, supported the project. He asked if it may be possible to relocated sediment to building up areas of the lake, cutting the cost of hauling. Mr. Lunde explained that the DNR rejected this idea, stating dumping it near the lake would fill in wetland complexes. Councilmember Westgaard stated that, if the project should come in under budget, the overall cost to all residents should be lowered instead of picking which ones to let out of the assessment. th Mark Person, 13726 189 Ave NW, opposed the project stating the Council did not follow processes correctly and the DNR does not have authority over forming a tax district in relation to the Orono Lake Improvement District. Dennis Hyland, 18660 Lander Dr NW, was in favor of the project stating it would be a benefit to his property and he believes the council is doing what is best for the community. Mr. Boelter returned and asked what will happen with the dirt and sediment that is removed. Mr. Wisner responded the contractor will create public bidding and, ideally, deposit it within 6-7 miles to save on the cost of hauling. Patrick Plant, 13184 Island View Dr NW, was in favor of the project and felt people would benefit from the improvements. th Denise Cundiff, 13742 189 Ave NW, was opposed to the project stating the drawdown voting process should not have been conducted during the COVID-19 pandemic. Chris Rock, 18665 Landers St NW, was in favor of the project and excited about improvements to the lake. th Scott Cundiff, 13742 189 Ave NW, was opposed to the project because it does not affect his property located on the river. Mayor Dietz closed the public hearing. June 1, 2020 ----------------------------- City Attorney Beck stated statute grants the DNR the responsibility of determining the watershed and determining the boundaries of the lake improvement district. When the time for assessment comes, the council could determine to take properties out of the LORE assessment, but they could not spread the cost over the remaining properties in an amount to exceed $4,000. There will be a separate public hearing on the drawdown which will occur if the project moves forward. The subsequent assessment hearing will happen at the end of the project, sometime in 2021. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to adopt Resolution 20-30 establishing: 1. The City Council finds that the LORE project is consistent with the goals and objectives of the city, and promotes the health, safety, and welfare of the city’s residents. 2. The City Council finds that the LORE project is necessary and feasible to remove accumulated sediment in the lake to improve lake quality, stabilize shoreline erosion, improve fish and wildlife habitat, and improve recreational opportunities and navigation on Lake Orono. 3. The City Council finds that the funding for the project is a cost-effective means of financing the necessary improvements to Lake Orono. 4. The City Council orders, by 4/5 or more vote of its members, that the LORE project proceed. 5. The City Council approves the plans for the LORE project and authorizes the project to be bid. Motion carried 5-0. st 8.1 CSAH 12 (Main Street/181 Avenue) Reconstruction Project Mr. Femrite presented the staff report. Andrew Witter, Sherburne County Engineer, and Barb Burandt, Sherburne County Commissioner, were in attendance. Councilmember Westgaard asked how to pay for the project. Mr. Femrite stated the money could come from the Municipal State Aid (MSA) account since the Twin Lakes Rd/Kelly Pkwy project has moved to the future. Councilmember Westgaard was leery about borrowing against future funding. His biggest concern was the lack of communication between the city and county resulting in such a large and unexpected expense. However, he feels this is a rare opportunity to get an important project done. Councilmember Wagner agreed this road needs to be brought up to date as it is no longer part of a rural area. She agrees there are concerns about how the cost came out of nowhere. Councilmember Christianson wondered why it wasn’t tied to a turn back option. June 1, 2020 ----------------------------- Mr. Femrite said the CSAH 33 turnback was a project that could be four years in the future. He felt it was a good idea to do a full evaluation closer to the time of the project to ascertain the precise condition of the road, rather than guessing what the condition may be. The council members may also change during that time period and have thoughts that differ with the current council members. Councilmember Christianson asked how the city could learn from the cost surprise so that it doesn’t happen again. Mr. Femrite says he has been working with Sherburne County and talking about the cost participation model. Councilmember Ovall questioned whether the project accomplished everything they need. However, delaying would be a step back. Councilmember Wagner added one of the reasons the MSA budget had a healthy balance was because the connection of Twin Lakes Road to Highway 10 was pushed back. Mayor Dietz questioned if the proposal was an answer to the problem or a case of “something is better than nothing”. Everyone who goes to Hillside Park will now need to make a U-Turn and there is a high volume of traffic to this park. He believes that, although a roundabout at Johnson St is cheaper, locating it at Trott Brook Pkwy would be a safer option. He questions whether the changes will reduce speed. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the plans for the CSAH 12 and associated Cost Share Agreement with Sherburne County, with the condition that a speed study be completed at the completion of the project. Motion carried 5-0. Mayor Dietz asked Mr. Femrite about payment terms with the County and if he could bring them back to the council to review. Mr. Femrite said the terms are set within the cost sharing agreement. Since the city will be using the MSA account, they would be making draws at times improvements go in, submitted by a process through state aid reimbursement. 8.2 ISD #728 Locker Room Use Agreement Mr. Portner presented the staff report. Mayor Dietz clarified they would be hiring their own contractor and the city would not charge them rent in the future. Mr. Portner confirmed this is correct. June 1, 2020 ----------------------------- Mayor Dietz asked if the locker rooms would be completed in the same time frame as the rest of the building. Mr. Femrite stated they would be one of the last items to be completed. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve a locker room use agreement with ISD #728. Motion carried 5-0. 8.3 Resolution supporting ERX Off-Road National Mr. Portner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve Resolution 20-31 supporting ERX Off-Road National Event on July 10-11, 2020, contingent on state laws and orders. Motion carried 5-0. 8.4 Discuss Work Session Items Mr. Portner presented the staff report. Council discussed dates for a council retreat work session and decided on June 17, 2020 starting at 2:00 p.m. Council was concerned if a four-hour discussion would be enough time but determined additional special meetings could be called to continue discussion. Councilmember Wagner would like to have an update on current TIF districts, balances, and abatements. She wonders if there is a percentage or ratio of TIF or abatements as part of a healthy budget. Mayor Dietz added that Elk River has historically been conservative with TIF. Councilmember Ovall agreed on the importance of this discussion and thought it would be valuable for potential applicants to hear if the council was amenable to TIF before they start the process. 9. Council Liaison Updates Council provided updates of various advisory board activities as noted in the respective boards’ minutes. 10.1 Clean Water Partnership Loan Conduit Shane Steinbrecher, Steinbrecher Companies, presented the staff report. Mayor Dietz asked if there was interest on the loans. June 1, 2020 ----------------------------- Mr. Steinbrecher stated the city could choose to add interest to it. Mayor Dietz asked if the council would have to hold assessment hearings. Mr. Steinbrecher explained it would depend on their covenant. They would need to work with the City Attorney to understand since each covenant would be different. Mayor Dietz asked if Steinbrecher Companies has done this in other communities. Mr. Steinbrecher responded they had not, but they have done similar loan programs for failing septic systems. Mayor Dietz asked about community interest. Mr. Steinbrecher responded that there could, eventually, be 6-8 developments that may be interested. Councilmember Westgaard felt it was a good way to help fund septic system repairs. Councilmember Wagner was in favor of having the city look into this. Some developments are in dire need. While is not the responsibility of the city to fix it for them, we are all part of the same community it would be nice to provide a way to help them. Mayor Dietz agreed it would a good way to help but still leave it as their responsibility. He doesn’t want people objecting to assessments down the road. Mr. Steinbrecher reiterated it won’t be a “one size fits all” for each covenant. Mayor Dietz asked if there were some who would like to begin their projects in 2020. Mr. Steinbrecher stated at least two would struggle to survive a hard winter without damages if no repairs were made. City Attorney Beck was interested to study how the city would be protected. Councilmember Wagner wondered if this may hurt the city’s bond rating or credit. Mayor Dietz asked Mr. Femrite to inform Mr. Steinbrecher when the council would continue this discussion. 10.2 169 Redefine Update Mr. Femrite presented the staff report. Councilmember Wagner asked about the stoplight and left turn over Highway 169. June 1, 2020 ----------------------------- Mr. Femrite stated this would control east bound turning traffic and reduce conflict of crossing traffic during peak times. Councilmember Wagner asked about commercial vehicles making that movement. Mr. Femrite stated the design team had used local trucking companies’ longest vehicles to test the intersection. Councilmember Westgaard said it seemed consistent with what they had seen last fall but with an increase in the ability for larger trucks to turn. Councilmember Ovall questioned whether there was enough room at the crossing to Highway 10 if the traffic is cuing to turn left more than expected. What if there was a need in the future to add another lane? Mr. Femrite said the type of turn signal should help to reduce traffic back up in this lane. Mayor Dietz asked if the only businesses affected were the Salvation Army and Kentucky Fried Chicken and whether acquisition was finalized. Mr. Femrite affirmed those are the only two full acquisitions proposed and said there will be solidified direction once the council has administered municipal consent, which will occur within the next couple months. Mayor Dietz asked if the city would get some type of credit as they are taking liquor store property. Mr. Femrite responded the city would receive a value on that and any other city owned property. Councilmember Ovall asked if anything could help with backups turning left onto Main St. from Carson Ct. Mr. Femrite said the area could see a signal in the future, but current plans should help reduce the distribution of traffic through the area. Mr. Femrite stated plan revisions now have Main St going under Hwy 169 and School St. will go over. Mayor Dietz asked if the road surface would be concrete or asphalt. Mr. Femrite stated he believe it would be asphalt but was subject to change. Mayor Dietz asked about the improvement projects happening in the cities of Anoka and Ramsey and whether they would be happening at the same time. Mr. Femrite believes the Anoka projects are scheduled to be completed before the 169 Redefine project begins. MnDOT is trying to fit projects so that arteries are not torn up at the same time. Cost estimates look to be south of the $3 million range depending on how many side streets need to be included. June 1, 2020 ----------------------------- Mayor Dietz asked if that amount covered city water and sewer pipes that have to be moved. Mr. Femrite stated those would be budgeted separately. Mayor Dietz asked if extra assessment money for eastern and western sewer could be used for the project. Mr. Femrite stated these trunk utility fees could be used. Mr. Femrite added he has filmed a walkthrough of the project if the public would like to hear more and that can be found at www.elkrivermn.gov/169Redefine. He is continuing to look for ways to engage with the community as the project moves forward. Mayor Dietz asked Mr. Portner for an update on Police activity and preparedness in light of local rioting. Mr. Portner stated the Police Chief distributed a letter to the community via social media outlining the department’s response to the events. Councilmember Wagner asked if liquor sales were getting back to normal despite being closed due to COVID-19. Mr. Portner heard from finance that sales are near what they typically are at this time of year. The liquor stores are providing curbside pickup and working on plans to implement delivery. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:37 p.m. Minutes prepared by Katie Porath. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk