05-18-2020 Regular CCMVirtual 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
I . Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:33 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.
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May 18, 2020
Page 2
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.
S. 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.
Bonnie Schmitz, 12495 225t' 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
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Mr. Leeseberg presented the staff report.
Page 3
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.
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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.
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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
River Corporation, 11650 22SIh 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,
expanding the existing mining operations at 11650 225' Avenue with the
following conditions:
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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.
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.
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Mr. Portner read public comment into the record as noted in the staff report.
Mayor Dietz closed the public hearing.
Page 7
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.
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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.
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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 tumbacks.
Mr. Roedel stated county roads typically have a clean, straight path and provided an
example of how CSAH 33 is a tight, curvy toad 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.
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Councilmember Christianson concurred.
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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.
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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.
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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 Bat 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.
Councilmembet 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.
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Councilmember Westgaard stated the strength of our community will rely on how
well we can collectively govern.
Councilmernber 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.
Jason Bailey, 13731 214`h 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.
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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.
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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.
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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.
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Tina Allard, City Clerk
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