Loading...
4.1. DRAFT MINUTES (4 SETS) 09-08-2020 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 3, 2020 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, Public Works Director Justin Femrite, Economic Development Assistant Colleen Eddy, and Deputy Clerk Jessica Miller 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:32 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. Mayor Dietz asked for a moment of silence for Rose Johnson, Big Lake City Councilmember killed last week. 3. Consider Agenda Councilmember Westgaard added multipurpose retail space as item 10.3. Mr. Portner added SAC fees as item 10.4. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Councilmember Wagner indicated she has a change to the July 27 minutes. On page 2 under Street Maintenance she would like the following language added: Mayor Dietz and Councilmember Wagner were not interested in expanding this program due to financial concerns. The Council concurred with the change. Councilmember Christianson pulled item 4.7. for discussion after the consent agenda. City Council Minutes Page 2 August 3, 2020 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve: 4.1 Minutes:  July 20, 2020, Regular  July 20, 2020, Closed  July 20, 2020, Special Budget 4.2 Check register as outlined in the staff report. 4.3 Ordinance Amendment: Open Containers in Public Places. 4.4 Temporary On-Sale Liquor License: American Legion. 4.5 Pay Estimates as outlined in the staff report. 4.6 Multipurpose Facility Job Descriptions. 4.8 Hire Megan Leeseberg as Assistant Facility Supervisor effective August 4, 2020, as outlined in the staff report. 4.9 Approve retroactive pay for Multipurpose Facility Superintendent Tim Dalton to July 2, 2020, as outlined in the staff report. 4.10 Hire Police Officer Michael Garber effective August 10, 2020, as outlined in the staff report. 4.11 Master Subscriber Agreement for Minnesota Court Data Services for Government Agencies. 4.12 Hire Police Officer Michael Welsh effective August 10, 2020, as outlined in the staff report. 4.13 Planned Unit Development Agreement: Tall Pines PUD Second Addition. 4.14 Terminate employment of Waste Water Maintenance Mechanic Dale Eckert effective August 3, 2020, as outlined in the staff report. Motion carried 5-0. 4.7 Pandemic Plan Update Councilmember Christianson expressed concern with the changes to the pandemic plan. He explained the plan seems to be in direct conflict with MN Statute 609.735 prohibiting a person from concealing their identity in a public place by means of a robe, mask, or other disguise. He expressed concern with enforcing the mask provision and liability of the mask mandate if someone who is in otherwise good condition falls ill due to wearing a mask. Mr. Portner explained the city is following Governor Walz’s Executive Order and assumes the Governor and his staff have fully vetted the statutes and feel comfortable with the Order. He indicated the city can be exposed to potential liability for anything. Councilmember Christianson questioned what happens if employees do not want to wear a mask. Mr. Portner indicated he tries to educate employees. Councilmember Christianson stated his question is not being answered and he is not comfortable City Council Minutes Page 3 August 3, 2020 ----------------------------- with how mask enforcement is being defined and the fact that it’s in direct conflict with state statute. He noted the city is bound to follow state statute. Councilmember Ovall questioned if Councilmember Christianson was more concerned with the city liability of requiring masks versus someone getting COVID. Councilmember Christianson explained people can get sick from wearing masks for a long time. Councilmember Westgaard the Executive Order comes from the same place state statutes come from. He added the order states very clearly if wearing a mask is problematic it can be removed for health and well-being and the safety of the individual must remain the priority. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the update to the city Pandemic Plan as presented. Motion carried 4-1. Councilmember Christianson opposed. 5. Open Forum No one appeared for Open Forum. 6.1 Proclamation: Together Elk River Spirit Week Ms. Eddy presented the staff report. Mayor Dietz read the proclamation. Moved by Councilmember Wagner and seconded by Councilmember Christianson to proclaim August 23 - 29, 2020, as Together Elk River Spirit Week. Motion carried 5-0. 7.1 Copart of Connecticut, Inc. – Salvage Yard Expansion - 15932 Jarvis Street  Preliminary and Final Plat of Cascade Industrial Park Third Addition  Right-of-Way Easement Vacation  Conditional Use Permit Authorizing a Salvage Yard Mr. Carlton presented the staff report. Mayor Dietz opened the public hearings for all three applications. There being no one to speak to this issue, Mayor Dietz continued the public hearing for all three applications to August 17, 2020. Moved by Councilmember Wagner and seconded by Councilmember Christianson to continue the public hearings to August 17, 2020. Motion carried 5-0. City Council Minutes Page 4 August 3, 2020 ----------------------------- rd 8.1 Windsor Park 3 Addition Mr. Femrite presented the staff report. Mayor Dietz expressed concern with the 17% of the homeowners who are not in favor of this project. He explained he has concerns about the cost increasing for some if properties drop out during the appeal process. Mr. Femrite indicated the assessment hearing is held prior to awarding the bids and it is within the rights of the rd Council to stop the project. He added the Windsor Park 3 Homeowner’s Association is brainstorming options to underwrite costs for those owners who oppose the project and work out payment options. Mayor Dietz questioned if the amount of the assessment would stand up in court. Mr. Femrite indicated based on guidance from our city attorney he believes it would. Mayor Dietz questioned if financing is an option. Mr. Femrite explained the assessment rate and terms would be set at the assessment hearing. He indicated a discussion on the potential for city participation on some oversizing costs could also be discussed. Councilmember Wagner questioned if participation at the homeowner’s association meeting was 100%? th Carolyn Bammert, HOA treasurer, 13701 214 Court NW, indicated all association members were notified by letter and of those that didn’t participate, eight voted against, two abstained, and five didn’t participate but expressed approval. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt resolution 20-45 receiving the Feasibility Report for the rd Windsor Park 3 Addition sewer extension project and calling for a public hearing. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt resolution 20-46 authorizing preparation of plans on the rd Windsor 3 Addition sewer extension project. Motion carried 5-0. Councilmember Westgaard indicated he would like the assessment process shared with all homes in the development and not just the members of the homeowner’s association. Mr. Femrite stated official notice will be sent to all 88 homes in the development. 8.2 Continue Suspension of Temporary Sign Fees and Standards Mr. Carlton presented the staff report. City Council Minutes Page 5 August 3, 2020 ----------------------------- Moved by Councilmember Christianson and seconded by Councilmember Westgaard to approve an extension to the suspension of temporary sign permit fees and standards to September 30, 2020. Motion carried 5-0. 8.3 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Wagner indicated she would like special event races discussed by September as non-profits are already trying to plan races for next year. She added a large race was just denied by city staff and we need to make sure we are good community partners and helping as we are able. Mr. Portner indicated he spoke with the police chief and he is close to having the information completed. He added city staff is working with the organizers of the recently denied race to come up with a solution. 9. Council Liaison Updates Council provided updates of various advisory board activities as noted in the respective board or commission minutes. Council recessed at 7:13 p.m. to go into work session. The meeting reconvened at 7:16 p.m. 10.1 Provide Direction Regarding Council Wards Mayor Dietz asked if the Council is interested in considering the elimination of the elective Council ward system currently in place. He provided a brief history of the ward system. Councilmember Christianson stated he believes the advantage for the ward system is for each councilmember to form a relationship with the people in their neighborhoods. He believes all four parts of town have different factors and believes the areas are best represented by someone who lives in and is familiar with the area. Councilmember Westgaard indicated eliminating the ward system could force councilmembers to know and understand all areas of the city which wouldn’t hurt the council when making decisions. He stated it doesn’t matter to him as he has always taken the approach to review a request to see if it is consistent with the city vision as a whole as he believes all councilmembers represent everyone. He added some residents get confused on who their representative is and they should be able to call whoever they are comfortable with. Councilmember Ovall indicated he could see eliminating wards as a barrier to campaigning for time, energy, and resources. Councilmember Wagner stated she sees advantages and disadvantages to both. City Council Minutes Page 6 August 3, 2020 ----------------------------- Councilmember Westgaard indicated the Council should decide prior to redistricting next year. Mr. Portner explained eliminating wards may not be as simple as changing the ordinance because of how it was enacted. He stated he asked the city attorney not to do too much research until the Council provided direction. The Council agreed having information on what is required to eliminate wards may be helpful in deciding. Council consensus was for the city attorney to conduct research on what would be required to eliminate wards and bring back to a future meeting. 10.2 Temporary Service Signs in Downtown Mr. Carlton presented the staff report. Councilmember Wagner indicated she received a message from a downtown property owner inquiring about saved parking spots on Main Street. The property owner expressed an interest in having a designated spot if the downtown restaurants are allowed to designate spots. Councilmember Christianson questioned who polices this. Mr. Carlton indicated typically police would handle parking and code enforcement would handle issues behind the property line. The Council discussed and the following comments were addressed:  If every business gets a spot it would take all of Main Street and could create a bigger issue.  Possibly define a few spots for curbside pickup.  Pickup spots could be unnamed allowing any business downtown to utilize them for curbside pickup.  Set a time limit for the curbside pickup spots.  May be difficult to police. The Council leaned towards setting aside a few unnamed parking spots with a parking time limit for curbside pickup in different areas of downtown for all businesses to use. Debbi Rydberg, Elk River Area Chamber of Commerce, indicated most businesses downtown are not 100% open and are doing a lot of curbside business. She stated it might make sense to have a few spots on each side of Main Street designed for curbside pickup with a time limit. Councilmember Wagner indicated she will bring this to the next downtown business meeting and talk to Mr. Carlton after the meeting so he can bring back for Council discussion in September. She noted not every downtown business is a member of City Council Minutes Page 7 August 3, 2020 ----------------------------- the group and she may email the information out to members, so they are ready to discuss at the next meeting. The Council discussed enforcement. Council consensus was to wait until a decision is made to begin enforcement. Council asked for Mr. Carlton to conduct parking counts and bring back recommendations on designated parking spots in September after Councilmember Wagner has had a chance to discuss with the downtown business group. 10.3 Retail Space in Multipurpose Facility Councilmember Westgaard indicated the city has a letter of interest from someone interested in leasing space at the multipurpose facility. He explained a lot has happened in the business community since the letter was submitted and the person interested is asking if the Council will be lenient on the space build out timeline. He questioned if the Council was comfortable allowing the person to hold off until spring given the current conditions and building climate. Mr. Portner stated the city has another interested party, but that person has been told the city already has a letter of interest. Councilmember Ovall indicated the city spent a lot of money to add this retail space on to the facility and the original agreement was for the business owner to commence build out once the Certificate of Occupancy was received. He suggested providing the current business owner with first right of refusal. Council consensus was to respond to the current business owner with the Council direction and providing her with the option for first right of refusal. 10.4 SAC Fees Mr. Portner indicated Planet Fitness has told the city the SAC fees are cost prohibitive to the project. He stated representatives called him Friday afternoon requesting the Council discuss the issue. He outlined a couple options for fee relief. He explained the EDA has a policy that allows restaurants to divide payment of SAC and WAC fees over five years. He added the fees are added to the restaurant’s utility bill and the city can assess the fees if not paid. He indicated the EDA policy could be amended to include other types of businesses if the Council wishes. Mr. Portner stated another option is a lookback. He explained the Council had the same discussion about Nature’s Dry Cleaning when the owner claimed his machines wouldn’t use enough water to justify the SAC fees. The Council agreed to review his usage after three years and amend the fees. The owner ended up being correct and the city refunded a portion of his fees. City Council Minutes Page 8 August 3, 2020 ----------------------------- Councilmember Wagner questioned if other fitness centers opening in the last five years had the same option. Mr. Portner stated the main difference between this, and other fitness facilities is the square footage. She indicated she would be upset if she was another fitness facility owner. Mayor Dietz would like staff to obtain information on usage and SAC fees for other fitness facilities to see if the SAC fees were appropriate based on their usage. He noted reducing the fees for one facility may cause issues with other facilities. Councilmember Westgaard cautioned reducing fees or agreeing to a lookback approach could be dangerous as every business paying a SAC fee could request a lookback. He added if the Council agrees to a lookback, he would like to see a framework or policy going forward for SAC fees. Mayor Dietz suggested staff bring back information on other fitness center usage. He explained if this becomes a bigger issue and involves the entire city it would be a reason to deny. Councilmember Ovall indicated he likes the option to assess the SAC fees so a business can pay over a five-year period. Council consensus was for staff to research and bring back information prior to the Council deciding. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:02 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, August 10, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall (5:06 p.m.), Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Patron Services Supervisor Brandi Canter, Planning Manager Zack Carlton, Community Development Director Suzanne Fischer, Fire Chief Mark Dickinson, Environmental Coordinator Amanda Erickson, Parks and Recreation Director Michael Hecker, Recreation Coordinator Tim Dalton, Liquor Operations Manager Joe Audette, Westbound Liquor Store Manager James Kuklock, Recreation Coordinator Natalie Anderson, and Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 5:01 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. 2021 Budget Library Lori Ziemer introduced the Library Budget and Brandi Canter with the Great River Regional Library (GRRL), who discussed performance measures and division goals. She stated she and Robbie Schake kept the 2021 goals like 2020 due to how strange 2020 has been for the library system. She stated there is still work to be done in each task area. She explained the performance measures have been profoundly impacted by the library closures due to COVID19. The closure between mid-March and beginning of June affected circulations, which plummeted to zero. She explained the doors are now open for curbside pickup or grab and go but noted it is difficult to figure out projections for the rest of this year. They will use estimates from January to March, June, and July to make 2021 projections. She explained all programing has gone from in-person to virtual, but that process has been slow going. Current programming includes a monthly adult book club on Zoom, passive programming at curbside and a kid’s summer reading program. Program attendance is down significantly, and the future is unknown regarding in- City Council Minutes Page 2 August 10, 2020 ----------------------------- person programs. Both she and Robbie felt there was no way to provide an honest reasonable projection for 2021. Ms. Canter explained the state library office requirement of annual door counts but they chose not to require it for 2020. Ms. Canter explained the budget, which was very much like 2020 and noted the amazing work done by library staff, going above and beyond to meet the needs of the public. Mayor Dietz asked about the status of the additional hours contract. Ms. Canter stated the contract was in its second year with Elk River as the only library paying for additional hours, which the patrons love. She thanked the council for this. Councilmember Wagner asked about the Capital Outlay amount of $10,000 for Equipment: furniture/shelving. Ms. Canter explained the Library Board and Robbie have suggested making some replacements of worn upholstery and furnishings with some replacements being made in 2020 and would like to make more in 2021. Councilmember Wagner stated if we are expecting lower numbers with occupancy, counts, and programming, does it make fiscal sense to keep the budget the same or should adjustments be made. Ms. Canter stated many library communities are looking at areas where they can cut and stated specifics such as furniture or shelving are replaced from past use and wear. She noted the Library Board and Robbie are very careful with those funds and understands if the council would want to back down on some budget figures. Councilmember Ovall contemplated adjusting the building hours, cleaning services, and utility costs proposed for a building that is used less. Ms. Ziemer indicated the contract could be adjusted and has been adjusted for other city facilities. Ms. Canter stated they are open the same number of days and the same number of hours but due to the pandemic are requiring an increase in cleaning to ensure staff and patron are safe. Councilmember Christianson stated there have not been any Library Board meetings to discuss this or the budget, including the capital outlay items. Councilmember Wagner mused if there would be unspent funds in line items such as programming. City Council Minutes Page 3 August 10, 2020 ----------------------------- Ms. Ziemer indicated the amount of funds spent for 2020 on programming to date is $320.00. Councilmember Christianson asked the status of the annuity. Ms. Canter stated the annuity is currently tied up in litigation. The council asked to hear from the Library Board to consider retooling the library hours. Mayor Dietz asked if shorter days open would cause problems with staffing. Ms. Canter stated the city is still paying for additional hours and is up to the council if they would like to continue that. She said the schedule for the library outside of that is set by GRRL and any changes to it would have to be presented to the GRRL Board of Trustees. She noted extending the hours per day the building is open is not beneficial as they do not receive patrons in the early morning or late evening hours and would not be a good business investment. It was the consensus of the council to have Gary Lore analyze the library building cleaning contract and report back with any adjustments. Councilmember Ovall asked if utility costs could be reviewed. Planning / Code Enforcement Mr. Carlton presented the proposed Planning and Code Enforcement division performance measures and goals, and budget. Mayor Dietz asked if code enforcement has become more aggressive by staff or more complaint based. Mr. Carlton stated if a complaint and letter goes to a property owner, it typically turns into addressing similar violations from neighboring properties. Community Development Ms. Fischer presented the proposed Community Development performance measures and goals, and budget. Councilmember Ovall asked for clarification on the safety training figure. Ms. Fischer stated the figure represents the minimum number of trainings staff members have taken, which include the required OSHA and state training plus any additional training assigned by the department head. City Council Minutes Page 4 August 10, 2020 ----------------------------- Building Safety Ms. Fischer presented the proposed Building Safety performance measures, goals, and budget on behalf of Building Official Bob Ruprecht. Environmental Ms. Erickson presented the proposed Environmental performance measures, goals, and budget. Councilmember Ovall asked about communication efforts to lake property owners to notify and educate them on improvement opportunities to their shoreline during the lake drawdown and explaining the permit process. Ms. Erickson explained she along with the DNR and Soil and Water Conservation District held a virtual workshop at the end of July explaining the opportunities to lake property owners to improve their shoreline and the outlining the permitting process. She stated a postcard will be mailed notifying the lake owners of the drawdown dates, encouraging them to remove docks and boats before that happens and directing them to the city website for information on a shoreline permit. Councilmember Christianson noted communication from staff to lake owners was good and has heard positive feedback. Ms. Erickson asked due to training and conference opportunities being minimal for her in 2020, could those excess funds be reallocated to fund a recent invasion of Eurasian watermilfoil on Lake Orono. She stated the Orono Lake Improvement District (OLID) group was very proactive, receiving a permit from the DNR for treatment, and they requested the city cover a share in the cost for treatment in the amount of $654.59. It was the consensus of the council to pay $654.59 for this treatment from funds reallocated from training/conferences. Energy City / Garbage Ms. Erickson presented the proposed Energy City and Garbage performance measures, goals, and budget. Fire Chief Mark Dickinson presented the proposed Fire Department Administration & Operations performance measures, goals, and budget. Councilmember Ovall asked for clarification and tangible statistics (like a pie chart) regarding fire incident calls to further understand the call response types. City Council Minutes Page 5 August 10, 2020 ----------------------------- Chief Dickinson stated he presents these types of statistics in the annual report. He discussed the fire department call responses of car accidents, false alarms, and gas/electric calls. He states they do not respond to medical calls except for minimal assistance on car accidents. He and Mr. Portner will provide the council with the current year-to-date figures breaking down the incident types and call volumes. Mr. Portner also noted the fire fighters also spend numerous hours training Emergency Management Chief Dickinson wants to review the siren sound plan and wants to determine if certain sirens are no longer effective in such areas as the industrial /commercial zones of the city. Liquor Mr. Audette presented the proposed Liquor Operations performance measures, goals, and budget. They discussed the delivery system position, sales recovery from the COVID19 closure, preparations for the Redefine 169 project by creating more sales opportunities to encourage Northbound shoppers to use Westbound during construction, and sales of Total Wine products. Councilmember Ovall asked about non-alcoholic sales. Mr. Audette discussed these types of sales are trending across the board with “mocktails” and non-alcoholic wine, beer, and spirits. He indicated this is a very small portion of their sales. Councilmember Wagner asked about the high credit card fees and asked when the last time the liquor store went to market. Mr. Audette stated he is working with Heartland Payment Systems, who took over their online services to adapt to COVID-19 and curbside pickup only and will eventually take over all credit card fees due to decrease overall costs. Mr. Portner noted one of the goals of the delivery sales is to increase the dollar amount of the sale. Mr. Audette stated for delivery service, they will require a $75 minimum order. Councilmember Ovall asked if there was a way to incentivize customers to use debit versus credit when making a purchase. Mr. Audette stated he will work on incentives with their point of sale rep. Mayor Dietz asked if improvements were made to ensure staff is comfortable with coming to work. City Council Minutes Page 6 August 10, 2020 ----------------------------- Mr. Audette stated most employees are comfortable, wearing masks and gloves, and wiping down surfaces to sanitize and clean carts. Ms. Ziemer asked the council to discuss the proposed Park Improvement Fund transfer. It was the consensus of the council was to keep the transfer amount at $250,000 annually and review this option when finalizing the budget near the end of 2020. Senior Programming Mr. Hecker and Ms. Anderson presented the proposed Senior Programs performance measures, goals, and budget. It was noted the small number of senior programming currently being held due to COVID-19 and discussed the effect on opening the new facility. Mayor Dietz asked if there will be a limit to the number of participants in the new facility. Ms. Anderson stated for the Trott Brook Barn, current guidelines are 25% of the room capacity, which in this case limits participants to 10 and changing programing from drop-in to sign up. She states the instructors are good at following the 6-foot rule. Mayor Dietz asked about membership requirements for the new facility. Ms. Anderson stated the council approved that memberships would not be required until the beginning in 2021 and would see an increase in both resident and non- resident rates. Recreation Mr. Hecker and Mr. Dalton presented the proposed recreation performance measures, goals, and budget. Councilmember Christianson asked about the number of open gym hours occurred at the YMCA. Mr. Dalton indicated around seven hours per week, noting how it has increased lately and spread hours over two nights. Mr. Portner discussed the staff position changes for 2020 and 2021 for both recreation and the multipurpose facility. After discussion, he stated they will add to the part-time position in which they are adding an additional eight hours for programming to create a full-time position and will add it to the requested personnel list. City Council Minutes Page 7 August 10, 2020 ----------------------------- Mayor Dietz is concerned about recreation programming not recovering after COVID-19 and wants to ensure staff will keep offering the programs and they are budgeted for in 2021. Mr. Hecker stated he shares the same concerns as the mayor and wants to ensure the same. Mayor Dietz commended the department heads for doing a responsible job with the 2021 budgets. He suggested to have some 2021 items purchased in 2020 with reallocated funds. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:27 p.m. Minutes prepared by Jennifer Green. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Special Meeting of the Elk River City Council and Planning Commission Held at the Emergency Operation Center Wednesday, August 12, 2020 Council Present: Mayor Dietz, Councilmembers Garrett Christianson, Matt Westgaard, Nate Ovall (4:09 p.m.), and Jennifer Wagner Commission Present: Chair Jill Larson-Vito, Commissioners Perry Beise, Alexander Feinstein, Eric Johnson, and Brad Thiel Members Absent: Commissioner Roberg Rydberg and John Jordan City Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and Planning Administrative Assistant/Recording Secretary Jennifer Green Others Present: Houseal Lavigne Planning Firm – Chicago; Brandon Nolan, AICP, Project Manager; Jackie Wells, AICP, Planner II, and Kristen Weismantle, Planner HR Green - Tim Thoreen, PMP 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting was called to order at 4:04 p.m. 2. Comprehensive Plan Mr. Carlton introduce the firm Houseal Lavigne and its members present, along with Mr. Thoreen from HR Green for traffic operations. Mr. Nolan presented a PowerPoint Presentation outlining the overall framework to this project: Project Initiation Public Participation Program Community Vision/Goals/Policies City-wide Framework Plans and Web Meetings Comprehensive Plan Document and Adoption He explained the emphasis and priority will be on businesses, with a business focus group. He provided the website Hla.fyi/elkriver to use to as a tool for public outreach during the planning process and will post all news and events on that site. City Council Minutes Page 2 August 12, 2020 ----------------------------- A handout of questions was presented, and the meeting participants created this list: 1) Identify five (5) issues or concerns facing Elk River: 1. East/West Connections 2. Retain/Attract Business 3. Trail expansion 4. Urban service boundary expansion public vs private 5. Gravel mining future zoning 6. Impacts of Redefine 169 7. Pace of growth 8. Range of housing options 9. Appearances of corridors 10. Range of MF housing types 11. Future of landfill area 12. Renewal energy promotion 13. Broadband accessibility 14. E. Hwy 10 development 15. Competition for growth against other nearby towns 16. Zoning vs. development mismatch 17. Orderly development and land use conflicts 18. W. Highway 10 redevelopment 19. GRE Sites 20. Future of Retail Big Box Space 21. Lack of space for large lot industrial - Large lot industrial site availability 2) List, in order of importance, the three (3) most important issues discussed thus far (participant’s collective votes in red): 1. East/West Connections 4 2. Retain/Attract Business: 5 3. Trail expansion 0 4. Urban service boundary expansion public vs private 2 5. Gravel mining future zoning 0 6. Impacts of Redefine 169 4 7. Pace of growth 0 8. Range of housing options 3 9. Appearances of corridors 2 10. Range of MF housing type 0 11. Future of landfill area 0 12. Renewal energy promotion 0 13. Broadband accessibility 2 14. E. Hwy 10 development 0 15. Competition for growth against other nearby towns 0 16. Zoning vs. development mismatch 3 17. Orderly development and land use conflicts 3 18. W. Highway 10 redevelopment 0 City Council Minutes Page 3 August 12, 2020 ----------------------------- 19. GRE Sites 0 20. Future of Retail Big Box Space 0 21. Lack of space for large lot industrial - Large lot industrial site availability 3 3) Identify three (3) specific projects or actions that you would like to see undertaken to improve Elk River. Commissioner Beise – how do you create Elk River to be a destination city; would a convention center be a draw and how to market our city. Commissioner Thiel – because it is near an entrance to our city, clean up and redevelop the Saxon site and nearby apartment complex. Chair Larson-Vito – trail system allows kids to bicycle/walk to schools or parks. Councilmember Christianson – restore the downtown area and allow the current structures to remain and be renovated. Councilmember Westgaard – reevaluate train station location. Seems inaccessible in its current location. Define new residential zoning classifications – lot sizes. Mayor Dietz – future infrastructure development in the northern part of the city. Councilmember Wagner – corridor of commerce and hospitality expansion along Hwy. 169 to support and expand the Active Elk River projects; near such sites as ERX and the new multi-purpose facility. Commissioner Johnson – create more amenities around places such as YAC and ERX. Creates problems for people coming into the city to find food. Councilmember Ovall – he would like to see broadband the entire city to provide top-notch communication for both residents and visitors. Commissioner Feinstein – retail, convention center, hospitality along the Hwy. 169 corridor. 4) What are the primary strengths and assets of Elk River? Public safety department Park system Volunteers School system Mr. Nolan explained the next steps for this project, which included business focus groups, key stakeholder interviews, and forming small focus groups, and tapping into everyone’s knowledge to set up advisory committee meetings and hold community visions workshops. City Council Minutes Page 4 August 12, 2020 ----------------------------- 3. Adjournment There being no further business, Mayor Dietz and Chair Larson-Vito adjourned the meeting of the joint meeting of the Elk River City Council and Planning Commission at 5:30 p.m. Minutes prepared by Jennifer Green. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 17, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall, and Jennifer Wagner Members Absent: Councilmember Matt Westgaard Staff Present: City Administrator Calvin Portner, Public Works Director Justin Femrite, City Clerk Tina Allard, Economic Development Director Amanda Othoudt, Stormwater Coordinator Brandon Wisner, Street and Park Superintendent Tim Sevcik, Police Chief Ron Nierenhausen, Fire Chief Mark Dickenson, City Attorney Peter Beck, and Planning Manager Zack Carlton 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 6:36 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve the agenda. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Ovall and seconded by Councilmember Wagner to approve: 4.1 Pay estimates as outlined in the staff report. 4.2 Check register as outlined in the staff report. 4.3 Ordinance 20-10 Backflow Prevention Program. 4.4 Public improvements constructed with the plat of Hillside Estates Eleventh Addition. 4.5 Resolution 20-47 for Limited Use Permit #7102-0021 for nonmotorized trail along Highway 10 from Simonet Drive to Lowell Avenue. 4.6 Accept Sherburne County Abstract of Votes Cast for Elk River municipal races and declare the results from the abstract to be the official results. Motion carried 4-0. 5. Open Forum City Council Minutes Page 2 August 17, 2020 ----------------------------- No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the August Volunteer of the Month award to Loren Volk. He highlighted the following:  MN DNR firearms instructor for 17 years  Served as Grand Knight and current financial secretary for Knights of Columbus  Member of St. Andrews Parish Council and cemetery maintenance crew.  St. Andrews Fall Festival volunteer  Beyond the Yellow Ribbon meals  Volunteer for special programs at Guardian Angel  Plow snow for local neighbors  Volunteered in Elk River High School ski and swim programs  Participated in Habitat for Humanity for several years 6.2 Proclamation: Women’s Equality Day Mr. Portner presented the staff report. Mayor Diez read the proclamation and presented it to Girl Scout Troop 15277. Moved by Councilmember Ovall and seconded by Councilmember Christianson to declare August 26, 2020 as Women’s Equality Day. Motion carried 4-0. 7.1 Highway 169 Redefine Preliminary Design Mr. Femrite presented the staff report and introduced MnDOT Project Manager Darren Nelson who attended the meeting via conference call. Mayor Dietz opened the public hearing. Kevin Weinmann, 251 Elk Hills Drive, asked questions about neighborhood access. Mayor Dietz closed the public hearing. Council expressed concerns and asked clarifying questions about various access points. Mr. Femrite stated the proposed highway design is based on modeling completed by MnDOT and will not leave Elk River compromised. He stated traffic demands post construction of the highway will be adequate to handle the traffic; but nothing would preclude the city from completing further improvements on city streets, such as adding signal systems that could be interconnected with the nearby highway signals. City Council Minutes Page 3 August 17, 2020 ----------------------------- Councilmember Wagner thanked MnDOT for saving the pedestrian bridge. She asked th about signage for businesses along the highway near the limited 197 Avenue access point. Mr. Nelson stated MnDOT has limits on the amount of signage allowed but he doesn’t see any reason why the typical blue signs couldn’t be installed. He noted it can create issues between businesses as to who is named on the signage but higher volume generating businesses usually get top prioiritly. He stated the Highway 169 corridor through Elk River is very tight between interchanges and it was a balancing act to fit all interchanges in such a small area. He provided an overview of the noise wall layouts and noted there will be hearings about them in the next few weeks. Mayor Dietz asked about the two businesses closures. Mr. Nelson stated MnDOT handles acquisition and they are already working with the property owners. Mayor Dietz stated he would like to see the businesses relocate in Elk River and expressed concerns with no city involvement in assisting them. Mr. Nelson stated MnDOT reaches out to city staff for available land if a business wants to remain in the city. 7.2 Copart of Connecticut, Inc., Salvage Yard Expansion, 15932 Jarvis Street  Preliminary and Final Plat of Cascade Industrial Park Third Addition  Right-of-Way Easement Vacation  Conditional Use Permit Authorizing a Salvage Yard 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. Councilmember Wagner stated the Parks and Recreation Commission approved the swap but was concerned if the Youth Athletic Complex Master Plan improvements would fit onto the new site and be constructible. She thanked Copart for the extra 80 feet to help fit the park amenities. Mr. Carlton reviewed the elevation and fencing requirements. He stated the view from city property would be of a berm with landscaping and a dark green fence. Councilmember Christianson questioned if soil testing would be completed before the swap. Mr.Carlton stated yes. City Council Minutes Page 4 August 17, 2020 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt Resolution 20-48 amending the Comprehensive Plan to swap industrial and open space land use designations on two parcels. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve Preliminary Plat, Case No. P 20-11 for Cascade Industrial Park Third Addition with the five conditions outlined in the staff report. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to adopt Resolution 20-49 granting final plat approval for Cascade Industrial Park Third Addition, Case No. P 20-11. Motion carried 4-0. Moved by Councilmember Christianson and seconded by Councilmember Wagner to adopt Resolution 20-50 granting a petition to vacate public right-of- way easements, Case No. EV 20-04. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Ovall to approve Conditional Use Permit, Case No. CU 20-14. Motion carried 4-0. 8.1 Select Construction Manager for Elk River Public Safety Building Expansion and Fire Station No. 3 Mr. Wisner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Christianson to direct staff to negotiate a contract and fees with Terra Construction for Construction Management Services on the Elk River Public Safety Building expansion and Fire Station No. 3. Motion carried 4-0. Council recessed for 5 minutes at 7:45 pm. 9.1 Shoot Steel Request for Tax Increment Financing Ms. Othoudt presented the staff report. Mayor Dietz questioned projected new employees. Evan Moyer, stated is business is currently growing at about 100% and will double las years sales, but it will taper back to 30- 40% growth over the next 5 years. He discussed the employment positions they are projecting. Councilmember Christianson asked if they would outgrow the location in a few years because of their rapid growth. City Council Minutes Page 5 August 17, 2020 ----------------------------- Mr. Moyer stated yes, but he would still retain the land because he would like to build out to an approximate 50,0000 square foot facility on this site and then look at a second site located nearby. Mayor Dietz feels if they are willing to pay market value for the property to the city, he would be much more receptive to allow them to apply for Tax Increment Financing. Councilmember Ovall liked the job creation factor. Councilmember Wagner stated she has no issues with the request as it will be bringing in new industry and jobs. She stated she would support a tax increment application given the growth of the business. Councilmember Ovall got some good businesses around you form good community. Council consensus was to support a Tax Increment Financing application from Shoot Steel, Inc. 9.2 Downtown Sidewalks Mr. Sevcik presented the staff report. Council expressed concerns with some of the surface options and their future lifespan and questioned funding. Mr. Portner indicated the GRE Fund is typically used for special beautification projects. Mr. Beck further stated Council could create an assessment or an improvement district. Councilmember Ovall noted there have been warranty lawsuits for premature paver failure. Councilmember Wagner stated she would bring the subject up at the next Downtown Elk River Business Association meeting. She stated she likes the curb appeal of pavers but questioned the history of why they were chosen over another product. She suggested including them in an area major road improvement if the timing works. Mr. Femrite stated there would be some curbing and pavement improvements needed in 3-5 years. Mr. Beck stated the pavers were installed when the old town square was converted into Granite Shores to reimagine downtown. He stated the city had a warranty claim on the original pavers many years ago. City Council Minutes Page 6 August 17, 2020 ----------------------------- Mr. Femrite noted this item would be discussed during the Capital Improvement Plan update after public feedback. He noted there is an imminent need to replace certain section because of trip hazards. ————— Mr. Femrite stated an elected official is needed for the TH10 access study committee. Councilmember Christianson volunteered. Mr. Femrite stated an elected official is needed for a group forming to discuss policy for a Mississippi River crossing Councilmember Wagner volunteered. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:22 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk