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4.1. DRAFT MINUTES (2 SETS) 01-19-2021 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, December 21, 2020 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Matt Westgaard, and Jennifer Wagner Members Absent: Councilmember Nate Ovall Staff Present: City Administrator Calvin Portner, Police Chief Ron Nierenhausen, Parks and Recreation Director Michael Hecker, Engineer 1 Ryan Sandhoefner, Public Works Director Justin Femrite, Street and Park Superintendent Tim Sevcik, Fire Chief Mark Dickinson, Recreation Administrative Coordinator Tonya Love, Senior Planner Chris Leeseberg, 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 6:14 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added a recognition item as 6.5. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve: 4.1 November 16, 2020, and December 7, 2020, Minutes. 4.2 Check register as outlined in the staff report. 4.3 2021 City Council Meeting Calendar. 4.4 On-Sale Brewer/Taproom and Off-Sale Growler License for Aegir Brewing Company LLC, valid until June 20, 2021, contingent upon approval of a Conditional Use Permit allowing this use on the property, any applicable state licensing approvals, and the building has received a certificate of occupancy. 4.5 Pay Estimates as outlined in the staff report. City Council Minutes Page 2 December 21, 2020 ----------------------------- 4.6 Agreement 20-45 extending Fire Services Agreement with the City of Otsego. 4.7 Resolution 20-97 entering in to MnDOT Agreement No. 1044570 with the State of Minnesota, Department of Transportation for the Trunk Highway 10 and Lake Orono Trail Cooperative Agreement. 4.8 Resolution 20-98 agreeing to provide local match funding and maintenance for two trail gap segments for the Transportation Alternatives 2025 Federal Funding Solicitation Process Application. 4.9 Quote for buckthorn removal services from Natural Resources Services at Woodland Trails Regional Park as outlined in the staff report. 4.10 Resolution 20-99 approving amendment of Microloan terms for Scott Morrell, LLC. 4.11 Resolution 20-100 approving the 2021 Compensation Plan for Non- Organized Employees. 4.12 Human resources assistant position description as outlined in the staff report. 4.13 Development Agreement for Elk Ridge Estates. Motion carried 4-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the December Volunteer of the Month award to Wendy Bergquist. He highlighted the following:  Volunteers for Fresh Food, Fresh Faith at Central Lutheran Church  Worked with group to do food distribution  Delivers Meals on Wheels  CAER volunteer  Regularly does volunteer work for the elderly of the community  Volunteers for several other non-profit organizations. 6.2 WSI Donation Presentation Chief Nierenhausen presented the staff report. Mark Wiens, WSI Sports, presented Chief Nierenhausen with a donation of 500 protective masks for distribution to local youth. Mr. Wiens explained this donation is part of WSI’s Unite America Campaign. City Council Minutes Page 3 December 21, 2020 ----------------------------- 6.3 Update on Activity Center Michael Sedley, AIG Commercial, provided an update to the Council on the Activity Center. 6.4 Heritage Preservation Commission Annual Update Mr. Leeseberg presented the staff report. Heritage Preservation Commission Chair Lance Lindberg provided an update on the Commission. 6.5 Recognition – Toy Drive Mayor Dietz indicated a water pipe broke in the area where the toys from the Elk River Fire Department Toy Drive were being held and ruined the toys. He stated Councilmember Wagner stepped in and quickly raised $3,000 to purchase new toys for those in need. He commended her effort and thanked her. 7.1 2021 Fee Schedule Mr. Portner presented the staff report. Mayor Dietz indicated he would like the commercial compost site fee removed until after the Council has had a chance to discuss. 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 Wagner to adopt Ordinance 20-17 adopting the 2021 Master Fee Schedule of the City of Elk River, Minnesota, City Code with removal of the commercial compost site fee. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt Resolution 20-101 approving Notice of Summary Publication of Ordinance #20-17 an ordinance adopting the 2021 Master Fee Schedule. Motion carried 4-0. 7.2 Conditional Use Permit by Elk River Municipal Utilities for Expansion of Existing Government Facility Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. City Council Minutes Page 4 December 21, 2020 ----------------------------- Gordon Bynum, 420 Rush Avenue, indicated he agrees with the comments made by Ms. Clark-Johnson in the letter she submitted. He stated he would like to keep the zoning as restrictive as possible as he would not want to see industrial or multiple units in the building if Elk River Municipal Utilities moves in the future. He explained if Elk River Municipal Utilities takes care of the setback, traffic, and screening as outlined he’s comfortable with this request. Chris Kerzman, Elk River Municipal Utilities Engineering Manager, explained the landscaping challenges with building. He stated they do not anticipate an increase in traffic as it will be the same number of employees. He added there may be a slight increase in deliveries at first because the new building will have more storage space. Mayor Dietz assured Mr. Bynum Elk River Municipal Utilities is not going anywhere anytime soon. He explained they have been in their current building since the 1920s or 1930s. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Westgaard indicated there is nothing this Council can do to prevent future Councils from changing the zoning or use of the area, but he does not see it becoming an issue anytime in the near future as Elk River Municipal Utilities has been around for a long time and he believes will continue to be around for a long time. Councilmember Wagner stated the landscape plan seems like it provides good coverage. She agrees the building has an industrial look, but she believes it blends in well with the background. Councilmember Christianson understands the concerns with the building being in the middle of a neighborhood but feels comfortable because of the condition requiring staff approval of all site, engineering, landscape, and utility plans. Mr. Bynum questioned if an 8-12-foot fence would be preferred over the landscaping. Mayor Dietz indicated he believes landscaping would be preferred over a fence. Mr. Bynum agreed but wanted to throw the option out. Moved by Councilmember Westgard and seconded by Councilmember Wagner to approve the Conditional Use Permit request by Elk River Municipal Utilities for expansion of an existing government facility to satisfy the standards set forth in Section 30-654, subject to the following conditions: 1. The hours of operation shall be limited to 7:00 a.m. – 3:30 p.m., Monday through Friday, except for emergencies. 2. Dumpsters, recycling, and/or scrap metal shall be screened from view with materials that match the building. 3. Staff approval of all site, engineering, landscape, and utility plans. City Council Minutes Page 5 December 21, 2020 ----------------------------- Motion carried 4-0. 7.3 Conditional Use Permit by the City of Elk River for Fire Station and Well House Mr. Leeseberg 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 when her children attended Twin Lakes Elementary, County Road 40 was used as a queue for drop off and pick up and questioned if the area will be signed no parking. She added she wants to make sure the neighborhood residents are aware. Chief Dickinson explained he met with school officials and the area will be clearly signed as an emergency zone. Councilmember Westgaard questioned if the city needs a Joint Powers Agreement with the district to gain access to the fire station. Mr. Leeseberg stated the school district is using city property for access. Attorney Beck indicated he does not have specifics at this time but if the school district and the city are crossing each other’s property a cross access agreement will be put in place if one doesn’t already exist. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to allow construction of Elk River Fire Station #3 and a well house with the condition that the variance (Case No. V 20-17) addressing driveway deviations is approved. Motion carried 4-0. 8.1 Orono Park Construction Bid Documents Mr. Hecker presented the staff report. Tim Wold, SRF Consulting Group, and Tim Mcllwain, HCM Architects presented the park and building plans. Mayor Dietz questioned if the landscaping could be bid separately and reduced if necessary, to remain within budget. Mr. Wold explained the landscaping estimate as shown is roughly $25,000 so not a huge part of the project costs. Discussion took place on staff time to maintain the additional landscaping. Mr. Sevcik explained the Parks Department feels comfortable finding time to maintain the landscaping as presented because landscaping maintenance at the Activity Center and Lions Park Center was eliminated freeing up some staff time. He added SRF has done a decent job of simplifying native shrubs and annual maintenance. He stated he may need to discuss additional staffing in the future once the new ballfields, Woodland Trail amenities, and new splash pad are finished. City Council Minutes Page 6 December 21, 2020 ----------------------------- Mr. Wold indicated the plan is to have bid documents published the end of January and back by mid-March. Councilmember Christianson stated the Council should plan for if the bids come in over budget. Councilmember Wagner indicated she believes that is the role of the Parks and Recreation Commission. Mr. Wold explained once the cost estimates are finalized, they will move forward with looking at alternatives that can be broken off from the project if necessary. Councilmember Westgaard indicated the earth, engineering, and utility work necessary for projects should be included in the project cost provided to the Council at the beginning of the discussions. Councilmember Wagner concurred. Mr. Portner stated projects identified by the Parks and Recreation Commission for Active Elk River only included park amenities and not engineering or earthwork. He explained the master plan was never engineered and items can be identified to be eliminated if necessary. Councilmember Westgaard indicated the project was sold to the public at $2.5 million and should come in at an amount close to that. Mayor Dietz concurred with Councilmember Westgaard that it is important to follow through with the promises made through the Active Elk River project. He noted discussions can take place later on whether or not to use park dedication. Councilmember Wagner stated she’s not sure she has an appetite to go over the $2.5 million except for use of the $250,000 grant received. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the final designs and bid documents for Orono Park as outlined in the staff report. Motion carried 4-0. 8.2 Woodland Trails Regional Park Amenities Naming Contest Ms. Love presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to name the nature play area to Glacial Ridge Nature Play Area and the archery range to Woodlands Archery Range at Woodland Trails Regional Park. Motion carried 4-0. 8.3 Parking Restriction Policy and No Parking Resolution near Twin Lake Elementary Crosswalk Mr. Femrite presented the staff report. City Council Minutes Page 7 December 21, 2020 ----------------------------- Councilmember Wagner questioned if based on the policy, the city’s current midblock crosswalks located near parks would have signs installed or only if there was a request. Mr. Femrite explained the city currently has a number of midblock crosswalks that may fall under this policy guidance. He indicated the Council must adopt a resolution on a case-by-case basis, but staff can take Council direction if they want staff to review all cases and bring back for Council review or if they would rather wait until a request is received. Councilmember Wagner would like to see it done proactively. Councilmember Westgaard concurred expressing concern with liability if it is in our policy and we’re not proactive. Council consensus was for staff to identify the cases and bring back for Council consideration. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt the Parking Restriction Policy in the staff report. Motion carried 4-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt Resolution 20-102 to determine parking restrictions along 191st Ave NW near Twin Lakes Elementary School. Motion carried 4-0. 8.4 Authorize Additional Expenditure for 800MHz Radios Chief Dickinson presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the purchase and additional expenditure from the GRE Reserve Fund to purchase replacement 800 MHz radios. Motion carried 4-0. Council recessed at 7:53 p.m. to go in to work session. The meeting reconvened at 7:58 p.m. 9.1 License Agreement: Proctor Road – Aggregate Industries This item was withdrawn. 9.2 Commercial Use of Compost Site Mr. Femrite presented the staff report. Mr. Sevcik provided background on irregularities between the county’s four compost sites. He explained the cities were looking for guidance on what types of material is allowed and staff, elected officials, and county staff met to discuss. He stated the consensus was that resident waste is not a problem, but the amount of waste generated by contractors is increasing operating costs. He stated the county is reluctant to provide a policy and each city can decide whether to allow contractors. City Council Minutes Page 8 December 21, 2020 ----------------------------- He indicated staff is recommending a $1,000 fee for contractor passes to offset increasing costs. He noted there are currently 19-20 contractors holding passes which would generate additional revenue to cover the increased costs associated with allowing contractors. Mayor Dietz indicated he attended the meeting, and he has concerns with the county wanting the four compost locations to be tied together but not providing a universal policy covering all four. He stated he suggested allowing a contractor to use a resident’s pass if they have been hired by that resident to do landscaping work. He explained he was under the impression the other public works directors did not want to allow contractors so he is a little surprised by the $1,000 fee proposed at that meeting. He expressed concern for the city with the lowest fee taking the brunt of the contractor waste. Councilmember Wagner questioned what happens if contractors are also residents and use their card to dispose of contractor waste. Mr. Sevcik indicated there is nothing to stop a resident who is also a contractor from collecting waste from multiple job sites and depositing it all at the Elk River site. Mr. Femrite indicated the $1,000 fee was floated by the county earlier this year and each city was supposed to discuss with their Council and report back. Not all cities were in favor of the fee, so the county held a meeting and invited the Mayors. He noted Becker and Big Lake were in favor of a commercial fee, but Zimmerman was in favor of eliminating commercial. Mr. Portner indicated he’s hoping to have a joint meeting with the County Board in 2021 and this item can be on the agenda. Mayor Dietz questioned what would happen if Elk River operated our compost site independently only allowing Elk River residents. Mr. Sevcik explained the city would lose county SCORE funding. He added the compost sites are meant to also serve the Sherburne County township residents who don’t have their own site. Mr. Femrite noted the challenge is dealing with four different cities making decisions. He added he believes it should be the county’s role to make decisions relating to the sites and has had multiple conversations with the county on this topic. Council consensus was for staff to confirm what the other three cities: Becker, Big Lake, and Zimmerman, are doing and bring back. 9.3 Personnel Policy Manual Update Mr. Portner presented the staff report and reviewed the proposed changes to the policy. He explained he would like to consider allowing closer to three weeks of vacation for new employees. The Council discussed the ability for employees to carry over 240 hours. Councilmember Wagner expressed concern with allowing employees to carry over 240 hours as she feels like the city becomes a bank and it becomes a City Council Minutes Page 9 December 21, 2020 ----------------------------- burden on the taxpayers. She added multiple times since she has been on the Council staff has requested extensions to carry over excess leave and questioned why we would consider providing more vacation at the beginning if using it is a problem. Mr. Portner indicated he would propose starting new employees at a higher accrual rate but lowering the amount they can carryover. He noted this would not apply to current employees. Council discussed an acceptable cap for new employees. The Council was interested in seeing vacation for new hires capped at 80 or 120 hours. Ms. Wipper indicated an employee used to be allowed to carryover the amount they earned in a year, but it was changed to 240 hours a few years ago but she’s not sure of the reason. Councilmember-elect Beyer commented that receiving 15 days upon employment is a heck of a starting vacation compared to corporate America. Ms. Wipper stated some city benefits are different than the private sector because cities cannot provide bonuses. Council consensus was for staff to draft new vacation language and bring it back. Council was interested in reducing the carry over balance for sure. Mr. Portner indicated he would like to change the sick leave donation policy. Current policy requires an employee to donate an equal amount of sick and vacation time up to 16 hours. He would propose allowing employees with sick leave balances under 960 hours to donate up to 16 hours of solely sick time and require employees with a sick leave balance of over 960 hours to donate equal shares of sick and vacation up to 16 hours. The Council concurred. The council discussed a Parental Leave Policy and asked to have a draft policy prepared to discuss further. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:57 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, January 4, 2021 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Public Works Director Justin Femrite, Fire Chief Mark Dickinson, Street and Park Superintendent Tim Sevcik, Wastewater Treatment System Chief Operator Matt Stevens, City Clerk Tina Allard 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Oath of Office Councilmember Westgaard and Beyer took the oath of office before assuming their roles as Councilmembers. 4. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda. Motion carried 5-0. 5. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 5.1 Check register as outlined in the staff report. 5.2 Contracts for public safety expansion project as outlined in the staff report. 5.3 Designate Star News as the city’s official newspaper for legal notices. 5.4 Resolution 21-01 designating depositories of city funds and delegating authority for electronic funds transfers. 5.5 Appoint Mayor John Diez and Finance Director Lori Ziemer to the Fire Relief Association Board with term expirations of December 31, 2021. City Council Minutes Page 2 January 4, 2021 ----------------------------- 5.6 Designate use of City of Elk River website ElkRiverMN.gov as the location where transportation projects will be advertised. 5.7 Resolution 21-02 acknowledging contribution to police and fire of 500 protective respiratory face masks from WSI Sports for their Unite America Campaign. 5.8 Resolution 21-03 granting final plat approval for Orono Park Addition, Case No. P 20-15. 5.9 Resolution 21-04 approving plans and ordering advertisement of bids for the 2021 street improvement project. 5.10 Laura Estby moved to full-time customer service associate effective January 5, 2021. Motion carried 5-0. 6. Open Forum No one appeared for Open Forum. 7.1 Introduction of New Employees Council met and welcomed new employees for the public works departments. 8. Public Hearings There were no public hearing items. 9.1 Appoint Acting Mayor Ms. Allard presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Councilmember Christianson as acting mayor for 2021. Motion carried 5-0. 9.2 Furniture and Things Community Event Center Concession Contract Mr. Portner presented the staff report. Council noted Serrano Brothers would offer a very attractive menu and be a plus over a traditional concession stand. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve Agreement 21-01 with Chow Mixed Grill & BBQ, LLC, d/b/a Serrano Brothers Catering. Motion carried 5-0. City Council Minutes Page 3 January 4, 2021 ----------------------------- 9.3 Modern Construction Extension Mr. Portner presented the staff report. Mayor Dietz read a statement into the record. Council had the following comments:  Concern for project timeline and street closure impacts to businesses. Especially with the pandemic and ordered closures.  Negative conversation by developer to a business owner.  Potential loss of parking for several months.  Developer given 16 months to respond to questions and asked-for deliverables not received.  Submitted letter by local chamber asking Council to act quickly and not leave area residents/businesses waiting with uncertainties.  Should developer have an exclusive agreement over anyone else?  Downtown opposition.  A proper process should be followed for a downtown project. City needs vision and goals and to explain why a development is approved.  Developer can still complete work without exclusive extension.  Concerns with moving forward on the project without public engagement.  Not against innovation, new ideas, or economic development, but can’t see need to grant exclusive agreement/extension.  Not much public interest for development in downtown.  Not fair to the developer to spend money on a project that may not happen.  Commitments wanted by developer without any clear project direction. Mayor Dietz requested a special meeting with the HRA and EDA with information communicated to the public about the opportunity to speak. Council could address rumors and listen to the public and the advisory boards on whether they want a project. Councilmember Westgaard further noted the need for public engagement on the comprehensive plan and suggested bringing in the consultant and rolling this into the special meeting as they are related. Council consensus was to call a special joint meeting with the HRA and EDA for Monday, February 22, 2021. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to deny the extension. Motion carried 5-0. 9.4 Discuss Work Session Items Mr. Portner presented the staff report. City Council Minutes Page 4 January 4, 2021 ----------------------------- 10. Council Liaison Updates Councilmembers provided updates which are outlined in the respective advisory board’s minutes. Councilmember Wagner provided an update of the Northwest Metro Mississippi River Crossing Feasibility Analysis Policy Advisory Committee, which consisted of councilmembers, representatives, and senators. She stated the purpose of the meeting was to discuss the need to add more bridges across the river, noting current traffic flow patterns were reviewed. She stated there didn’t seem to be much interest in a bridge crossing at this time. --------------------- Council recessed at 7:28 p.m. and reconvened at 7:32 p.m. to go into work session. 11.1 Compensation Plan for Fire Department Chief Dickinson presented the staff report noting the last pay change for this group is unknown. He stated all firefighters get the same pay rate regardless of how long they have been working so he suggested a tiered pay structure to improve recruitment and retention. He stated the change would have minimum budget impact. Council questioned how this would be budget neutral and history where firefighters care more about the pension then the pay. Chief Dickinson stated he has been averaging a $12,000 surplus at the end of each budget cycle. He stated Council could focus more on pay incentives versus the retirement plan. He further noted issues with getting firefighters to attend calls. Council discussed generational changes. Council directed staff to provide financial data for the proposed adjustment. -------------------- Mayor Dietz read the statement on the agenda outlining the need to hold a closed meeting. Council recessed at 7:49 p.m. and reconvened in a closed meeting at 7:50 p.m. 12. Closed Meeting Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None City Council Minutes Page 5 January 4, 2021 ----------------------------- Staff Present: City Administrator Calvin Portner, City Clerk Tina Allard, and City Attorney Peter Beck/via video Council held a closed meeting pursuant to MN Statute §13D.05, Subd. 3(c) to discuss offers for Pinewood Golf Course. 13. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:18 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk