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4.1 DRAFT MINUTES (2 SETS) 02-16-2021 Special Meeting of the Elk River City Council Held at the Elk River City Hall Monday, February 1, 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 and Deputy Clerk Jessica Miller 1. Call Meeting to Order Pursuant to due call and notice thereof, the special meeting of the Elk River City Council was called to order at 6:01 p.m. by Mayor Dietz. 2. Commission Interviews Council interviewed the applicants for various advisory board openings. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to reappoint David Williams to the Parks and Recreation Commission for a term expiring February 29, 2024. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Wagner to reappoint David Anderson to the Parks and Recreation Commission for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to reappoint Mark Rathbun to the Parks and Recreation Commission for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to reappoint John Jordan to the Planning Commission for a term expiring February 29, 2024. Motion carried 5-0. Moved by Mayor Dietz and seconded by Councilmember Wagner to reappoint Robert Rydberg to the Planning Commission for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Christianson to appoint Joshua Hassing to the Planning Commission for a term beginning March 1, 2021, and expiring February 29, 2024. Motion died for lack of a second. Councilmember Christianson explained he respects past practice but doesn’t want to do things just because that is the way they’ve always been done. He added he would like to see some new blood on commissions. City Council Minutes Page 2 February 1, 2021, Special ----------------------------- Moved by Mayor Dietz and seconded by Councilmember Westgaard to reappoint Brad Thiel to the Planning Commission for a term expiring February 29, 2024. Motion carried 4-1. Councilmember Christianson opposed. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to reappoint Jim Hecker to the Furniture and Things Community Event Center Commission as Elk River Senior Center representative for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to reappoint Greg Loidolt to the Furniture and Things Community Event Center Commission as turf association representative for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to reappoint Tricia Downey to the Furniture and Things Community Event Center Commission as an at-large representative for a term expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to reappoint Trish Curtis to the Energy City Commission as an energy-related business representative for a term expiring February 29, 2024. Motion carried 5-0. Councilmember Wagner questioned if Casey Mahon would consider serving on the Energy City Commission since he was not appointed to the Furniture and Things Community Event Center Commission. She explained she believes Mr. Mahon’s background in public relations will be beneficial to the commission. Mr. Mahon indicated he would be interested. Moved by Councilmember Wagner and seconded by Councilmember Christianson to appoint Casey Mahon to the Energy City Commission as a residential customer representative for a term beginning March 1, 2021, and expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to appoint Travis Leigh to the Energy City Commission as a residential customer representative for a term beginning March 1, 2021, and expiring February 29, 2024. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Wagner to reappoint Zachary Griffiths to the Heritage Preservation Commission for a term expiring February 29, 2024. Motion carried 5-0. City Council Minutes Page 3 February 1, 2021, Special ----------------------------- Moved by Councilmember Christianson and seconded by Councilmember Beyer to reappoint Paul Bell to the Utilities Commission for a term expiring February 29, 2024. Motion carried 5-0. Council asked staff to reach out to those not appointed and encourage them to get involved in other ways. Council asked staff to put the applicants in contact with Volunteer Coordinator Dave Anderson and provide them with information on the ERA program. Councilmember Wagner also suggested having thank you cards for the applicants for the Council to sign prior to the next meeting. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 6:47 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, February 1, 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, Police Chief Ron Nierenhausen, Parks and Recreation Director Michael Hecker, Engineering Project Manager Brandon Wisner, Fire Chief Mark Dickinson, Planning Manager Zack Carlton, 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 6:51 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz moved the Pinewood item to 8.1. He also added discussion on commissioner appointments as item 8.7. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve: 4.1 January 19, 2021, minutes. 4.2 Check register as outlined in the staff report. 4.3 Amend resolution 20-100, 2021 Compensation Plan. 4.4 Ordinance 21-01 changing licensing year for mineral extraction. 4.5 Ordinance 21-02 amending the rental dwelling program and Resolution 21-06 approving summary publication for ordinance 21-02. 4.6 Parental leave policy, leave donation policy, and employee leave accrual policy. 4.7 Accept city personnel policy manual. 4.8 Resolution 21-07 accepting bid for the 2021 street improvement project. 4.9 Development Agreement: Elk Ridge Estates. Motion carried 5-0. City Council Minutes Page 2 February 1, 2021 ----------------------------- 6.1 City Prosecutor and County Attorney Annual Update City Prosecutor Scott Baumgartner indicated he is part of a new law firm called Berglund, Baumgartner, Kimball & Glaser, LLC. He introduced the Council to Mark Berglund, Sarah Kimball, and Kurt Glaser. He indicated the hope is for the new law firm to be bigger, better, stronger, and more conducive to city business. Sherburne Count Attorney Kathleen Heaney presented statistics from the Sherburne County Attorney’s Office. Dawn Nyhus, Assistant County Attorney and lead of the criminal division introduced herself. 6.2 Acknowledge Contribution by The Bank of Elk River and Approve Contract Mr. Hecker presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt resolution 21-08 acknowledging the contribution by The Bank of Elk River. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the contract between the City of Elk River and The Bank of Elk River for the Riverfront Concert Series. Motion carried 5-0. 5. Open Forum rdrd Adam Benson, 11440 193 Avenue, indicated he lives at the corner of 193 and Dodge Avenue and would like the Council to consider making the intersection a four-way stop. Josh Hassing, 611 Irving Avenue, stated he met Adam while campaigning for Council and this issue was brought to his attention. He indicated he started a petition rd requesting the Council consider looking at 193 Avenue in its entirety to address excess speed, distracted driving, and not enough speed limit signs. Mayor Dietz stated this item should be referred to our public works director. He asked Mr. Benson and Mr. Hassing to leave their contact information with Mr. Portner so they can be notified when this item comes back before the Council. Councilmember Christianson noted this item is already on the list for future work session topics and he would like Mr. Benson to be part of that discussion. 7. Public Hearings There were no public hearings. 8.3 Pinewood Golf Course Sale Offer Mayor Dietz indicated the city was approached by Trevor Birdsall and Jennifer Abrahamson interested in purchasing Pinewood. He stated Mr. Birdsall and Ms. Abrahamson are employees of Pinewood and are passionate about keeping City Council Minutes Page 3 February 1, 2021 ----------------------------- Pinewood as a golf course. He explained this is not a public hearing, but he will allow people to speak limited to three minutes. He added the Council has received many emails and they are familiar with the issues. Trevor Birdsall, potential buyer, indicated he was born and raised one mile away from Pinewood and is a current grounds crew member. He explained he would like to see the golf course stay the way it is catering to seniors and children and he has ideas on how to make it grow. Jennifer Abrahamson, potential buyer, indicated she is a Pinewood employee and understands Pinewood is a special part of the community and loves the members, families, and seeing the grandparents and grandkids play the course. She hopes people have faith in her and Trevor. She stated they want it to continue as a golf course and want to grow and nurture the course. Chris Singer, Elk River Golf Club manager, questioned if the proposal in front of the Council includes a requirement for Pinewood to remain a golf course. Mayor Dietz indicated it does for ten years. Mr. Singer explained the Elk River Golf Club would like to put in a proposal to purchase Pinewood in exchange for approximately 17 acres of land adjacent to Woodland Trails, $25,000 cash, and the golf club will pay all closing costs. In return the golf club would request no property taxes as long as it remains a golf course. They stated the golf club has an interest in keeping Pinewood a golf course and would propose it remains a course for at least 30 years. Mayor Dietz questioned how the property tax item would be handled. Mr. Portner stated he is not sure and would have to research. Mayor Dietz questioned if there is an appraisal on the 17 acres of land. Mr. Singer indicated there is not. Councilmember Wagner explained the Parks and Recreation Commission has not discussed the piece of land in a while, but the commission previously expressed an interest, and she would be surprised if they didn’t still have an interest as the land backs up to the trail area. Mr. Singer indicated he could have a signed proposal to the city by Thursday. th Mark Conrath, 12595 195 Ct NW, is a member of Elk River Golf Club and served on the board and knows what it takes to run a golf course stating it’s a hard business to be in. He believes Elk River Golf Club leadership would be a solid group and if given the chance to take over Pinewood would have a very positive outcome. th Dave Bleyhl, 540 8 St NW, indicated he is in favor of keeping Pinewood as a golf course as it is a great facility for kids and seniors. City Council Minutes Page 4 February 1, 2021 ----------------------------- Adrianna Birdsall, 14265 Balsam Blvd, Becker, stated she is Trevor’s niece and explained how Trevor and Jennifer taught her how to golf and taught her it’s not about winning, it’s about having fun. Blake Birdsall, 14265 Balsam Blvd, Becker, indicated he is Trevor’s brother and grew up near Pinewood. He explained Jennifer and Trevor love the game of golf and are not interested in changing Pinewood. rd Paul Pavkovich, 14240 183 Ave NW, questioned what sort of contingency plan is in place when a private party purchases and fails and asked the city to consider a contingency. Mayor Dietz at this point the potential buyers have agreed to keep Pinewood as a golf course for ten years and after that they can do what they want with it. Chris Rock, 18665 Lander St NW, indicated he just heard about this issue late last week and he may be interested in pursuing purchase of the golf course. He asked the Council to postpone a decision and collect proposals. th Mayor Dietz read an email from Jody Meneley, 13429 179 Ave NW. The email stated Mr. Meneley believes Trevor and Jennifer would be outstanding owners and operators and she believes it is the perfect partnership to keep pinewood a viable part of our community. The email added Trevor and Jennifer have a special connection to people who golf there and live on course and she would like the city to accept the offer from Jennifer and Trevor. Shelly Binsfeld, 13230 Islandview Dr NW, stated the city put millions of dollars in a new indoor facility and believes the city should be good stewards and make sure the golf course remains a community space. She indicated her biggest concern is the course ends up a development. She hopes the city opens additional discussion on Pinewood being careful to look at who has invested in the community and whether they have the means to continue to invest. James Wrubel, 18285 Yankton St NW, hopes the city scrutinizes potential buyers ensuring the buyers assume all risk. nd Fay Huselid, 14099 182 Ave NW, indicated she lives on Pinewood but is here representing the seniors who do not feel safe coming to an open hearing during COVID. She stated she has a petition from seniors requesting Pinewood remain a golf course. She understands the city’s position in not wanting to run the golf course. She doesn’t want the city to sell the course but if they do, she would like the city to vet the potential owner to make sure they can handle issues as they arise. th Josie Abrahamson, 14505 145 Ct NW, indicated Jennifer is her mom. She outlined Jennifer’s passion for goof and how she loves talking to people and learning their stories at the golf course. City Council Minutes Page 5 February 1, 2021 ----------------------------- Councilmember Westgaard explained the city was approached by a private party willing to make an offer on Pinewood but questioned if the city has an obligation to accept other bids. Attorney Beck indicated the sale of real estate is not subject to the public contract law and does not have bidding requirements. He noted best practice would be to go out for proposals and look at alternatives. Councilmember Christianson stated a lot of new information was brought to light today and he has talked to many people and the overwhelming voice in the community is to keep Pinewood a golf course. He would like the Council to hold off and properly vet the information. Larry Toth, 17155 Quincy St NW, questioned if the Council is interested in selling as he has not heard the Council say they are. Councilmember Beyer thanked everyone who reached out and provided input. He understands Pinewood is great for children and seniors. He explained the Council was presented with an opportunity and wanted to see what it was all about. He noted the only way he will vote to sell the golf course is if it remains a course. Councilmember Wagner also thanked everyone who spoke or sent emails. She also stated the city was not in the market to sell until they were approached with a proposal. She explained the Council went out for bids a few years ago and didn’t receive anything viable. She expressed an interest in stepping back and thinking about what the best way to move forward is. Mayor Dietz explained he believes the Council does have an interest in selling but also a strong interest in Pinewood remaining a golf course. He noted the course would have been sold years ago if there was not concern for it remaining a golf course. He agrees the Council should take time to review and evaluate all offers. He indicated the Council asked Elk River Golf Club if they were interested in purchasing Pinewood four years ago, but it wasn’t a viable option for the golf club at the time. He added he wants it to remain a golf course and the last thing he’d like to see is a development. He questioned Attorney Beck if the Council should go out for proposals. Attorney Beck stated it is at the discretion of the Council whether they want to go out for proposals. Councilmember Christianson questioned if the Council has authority to verify potential owners have the means to afford capital improvements in the future. Mayor Dietz questioned if Pinewood would default back to the city if it’s not sold under a contract for deed. Attorney Beck explained if the city were out of the chain of title the lender would get it back upon default by the owners. He noted there may be a way to lock it in as a golf course through a restrictive covenant which would not City Council Minutes Page 6 February 1, 2021 ----------------------------- necessarily mean it would always be a golf course, just that it couldn’t be used as anything else. Mayor Dietz questioned if the city could require financing through a contract for deed so it would revert to the city in default. Attorney Beck stated the city can require financing through a contract for deed in the request for proposals. Councilmember Westgaard questioned what happens to the existing maintenance arrangement with Elk River Golf Club and expressed concern if this process goes on too long it may affect arrangements for opening. Mayor Dietz explained the agreement requires 120 days’ notice by either party. He added Elk River Golf Club could choose to let us out of the agreement early, but they are not obligated. Councilmember Westgaard indicated he believes the right thing to do is to look at other offers. He explained selling the golf course has been a topic of the Council since it was purchased, and he wouldn’t mind selling it. He noted he does believe Pinewood is a great amenity and jewel of the community. Councilmember Wagner indicated she believes it is in the best interest of the city for the Council to seek legal counsel if going out for multiple proposals so the proposals can be vetted properly. She understands the timeline but wants to ensure due diligence to protect the city and the taxpayers. Council questioned the timeline for a request for proposals. Attorney Beck explained there is no set timeline because property is not subject to the contract law. He suggested having staff prepare an RFP so the Council can approve what information is going to be requested. He added having a deadline of 30 days is good, but the Council could shorten to a couple weeks if they desire. He urged caution to the Council if they follow the contract law requirements too closely, they could be held to those requirements. Mayor Dietz clarified the Council could be judged more harshly if going out for proposals. Attorney Beck explained not necessarily. He suggested going out for proposals clearly outlining the process in the request for proposal. Mayor Dietz expressed an interest in giving the public two weeks to submit proposals. Council consensus was for staff to draft a Request for Proposal and bring back for review at the next Council meeting. Mayor Dietz encouraged Mr. Birdsall and Ms. Abrahamson to submit a request for proposal. He added he is amazed at all the emails he received of people speaking to the character of Trevor and Jennifer and he hopes they understand the process and don’t get discouraged. City Council Minutes Page 7 February 1, 2021 ----------------------------- Attorney Beck indicated the Request for Proposal should clearly identify issues the Council would like the buyer to address including financials, financial wherewithal, how long it would remain a golf course, purchase price, and any other conditions of the sale. Councilmember Westgaard added each respondent should be aware the intent is for Pinewood to remain a golf course but if there are counter proposals in the proposal so be it. 8.1 LORE Project Update and Fish Restocking Request Mr. Wisner presented the staff report. Patrick Plant, 13184 Islandview Dr, Chair of the Lake Orono Improvement District (OLID), explained a vast majority of OLID members would like to see the maximum project completed to as closely replicate the work done in 1998 as possible. He indicated the members understand this may increase the assessment, but they do not want to lose the opportunity to optimize the project. He encouraged the Council to add in as many additional cubic yards as the DNR permit will allow. Chris Bickman, 18560 Simonet Drive, reviewed the information in his memo as included in the staff report with the Council regarding fish restocking. He indicated he believes $5,000 - $7,000 will be ample to adequately stock Lake Orono to the same level as before the drawdown. He requested the Council include this funding in the LORE project. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to add maximum $7,000 to LORE fund for fish restocking. Motion carried 5-0. 8.2 Fire Station #3 Bids Mr. Wisner presented the staff report. Bruce Schwartzman, architect, BKV Group, provided update on plans. Ben Newlin, Terra Construction, reviewed bid conditions. Mayor Dietz questioned if Crosstown Masonry has been in contact with Terra Construction. Mr. Newlin explained Crosstown Masonry submitted a combined bid for concrete and masonry. He indicated the original bid documentation outlined the bids were to be separate and the addendum also clarified the separation requirement. He stated it is Terra Construction’s interpretation Crosstown Masonry did not follow the bid requirements and they are recommending the contracts be awarded to the low bidders for concrete and masonry separately. City Council Minutes Page 8 February 1, 2021 ----------------------------- Mayor Dietz questioned if it is common to bid concrete and masonry together. Mr. Newlin explained they bid separately as to get as many bidders as possible. He noted there is nothing stopping one company from bidding both. Councilmember Westgaard indicated it is customary to submit a combined bid and questioned why a combined bid was not allowed in this case. Mr. Newlin explained they required separate bids for both the public safety facility and the fire station. He added Terra Construction structures most of their projects to require separate bids to obtain more bidders. He explained they find most companies do not provide a significant discount by submitting a combined bid and any company has the option to submit separate bids. Councilmember Westgaard indicated he is comfortable requiring separate bids if that was clearly outlined in the bid document. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve Exhibit A1 Guaranteed Maximum Price of $6,898,246 for the Fire Station #3 project and construction management. Motion carried 5-0. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to adopt resolution 21-09 awarding bid packages and reassigning contracts to Terra General Contractors, LLC (dba Terra Construction) authorization to re-bid category BC#5A – Steel Supply. Motion carried 5-0. Moved by Councilmember Wagner and seconded by Councilmember Christianson to approve the soft costs as outlined in the staff report. Motion carried 5-0. Mr. Wisner indicated the Council received a handout outlining FFE costs for the public safety facility and fire station #3. Councilmember Westgaard questioned if the furniture is part of the soft costs. Mr. Wisner indicated the auditors like to have larger amount items approved by the Council even if it is in the approved budget. Moved by Councilmember Beyer and seconded by Councilmember Westgaard to accept furniture bids from Fluid Interiors for fire station #3 and the public safety facility. Motion carried 5-0. 8.4 Parks and Recreation Donation Policy Mr. Hecker presented the staff report. Moved by Councilmember Christianson and seconded by Councilmember Beyer to approve the Parks and Recreation Donation Policy. Motion carried 5-0. City Council Minutes Page 9 February 1, 2021 ----------------------------- 8.5 Targeted Picketing Ordinance Mr. Portner presented the staff report. Councilmember Wagner indicated this issue was brought to her attention and she believes it is gaining importance. Attorney Baumgartner explained the targeted picketing ordinances have gained popularity as cities try to avoid the chaos targeted picketing can bring. He outlined the State versus Castellano case. He noted the ordinance would provide law enforcement with an additional tool for enforcement. Council consensus was for staff to draft an ordinance and bring back on a future consent agenda. 8.6 Discuss Work Session Items Mr. Portner presented the staff report. 8.7 Commission Appointments Mayor Dietz stated he would like to discuss commission appointments. He explained he doesn’t like situations like this evening where the Council interviews so many new people and ends up reappointing all current members. He suggested Council receive a list of commissioners up for reappointment by December 1 of each year and the Council states if they have issues with any of the reappointments. He stated if the Council has no objections, the commissioners will have until 60 days prior to their term expiration to reapply before Council would consider whether to advertise. He asked for Council input. Councilmember Wagner concurred with Mayor Dietz. She indicated she heard many new names this evening and doesn’t want to lose out on the opportunity to get those people involved in the city and would like to figure out a way to keep them involved. Councilmember Christianson respects past practice but indicated new names and faces is a good change sometimes. He does not want people to get to the point where they get discouraged from applying. The Council discussed not wanting people to get angry with wasting their time interviewing if the Council just wants to reappoint current commissioners. Councilmember Beyer would like to explore options as he felt the interview process included vague questions and was rushed. Mayor Dietz indicated the application form can be changed to ask different questions. He suggested checking with other cities to see what questions they ask. Council consensus was they preferred conducting interviews in a special meeting prior to a regular meeting and waiting to make appointments until the next meeting. Councilmember Wagner suggested having staff prepare thank you cards for those not appointed for the Council to sign prior to the next meeting. City Council Minutes Page 10 February 1, 2021 ----------------------------- Council asked staff to reach out to those not appointed and provide them with Volunteer Coordinator Dave Anderson’s contact information and information on the Elk River Resident Advisory (ERA) program. 9. Council Liaison Updates Councilmembers provided updates as outlined in the respective advisory board’s minutes. Council requested the Furniture and Things Community and Event Center Advisory Commission be included in the list. It was noted the Housing and Redevelopment Authority will hold a special meeting on February 25 to discuss the Main and Gates redevelopment. The Council recessed at 9:52 p.m. for work session. The meeting reconvened at 9:53 p.m. 10.1 Concept Review: Roger Derrick for 18409 Line Avenue Mr. Carlton presented the staff report. He indicated the Planning Commission felt the detached townhomes or the mini storage would fit the best in the area. Roger Derrick, applicant, provided some background on the land and its challenges. He stated he prefers the mini storage or the detached townhome options the best but it will come down to economics. He noted the buildings will have to be closer to the street than usual and he may need to obtain a variance. Councilmember Wagner stated she would like to see pedestrian access to Twin Lakes Road and Line Avenue. Council consensus was they also preferred the detached townhome as their first choice for the project and the mini storage second. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 10:09 p.m. Minutes prepared by Jessica Miller. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk