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02-16-2021 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Tuesday, February 16, 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, Parks and Recreation Director Michael Hecker, Environmental Coordinator Amanda Erickson, Planning Manager Zack Carlton, City Attorney Peter Beck (via Zoom), and 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Mayor Dietz added two items under General Business: internet service and backup member for Region 7W Transportation Committee. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the agenda. Motion carried 5-0. 4. Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve: 4.1 February 1, 2021, special and regular meeting minutes. 4.2 Check register as outlined in the staff report. 4.3 Hire Tiffany Rossmeisl as police department secretary/receptionist effective February 26, 2021. 4.4 Resolution 21-10 acknowledging contributions from Bill and Laura Hjort. 4.5 Resolution 21-11 regarding the support of a job creation fund application in connection with Sportech, LLC. 0 City Council Minutes February 16, 2021 Page 2 4.6 Renewal of Consumption and Display Permit for Superior Studios Inc. DBA Board & Brush Creative Studio, effective April 1, 2021 through March 31, 2022. 4.7 Forgiveness of liquor license fees for April, May, and June 2021. 4.8 Pay estimates as outlined in the staff report. 4.9 Hire Kati Peterson as Building Permit Technician, effective February 22, 2021. Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 City of Elk River Volunteer of the Month Mayor Dietz presented the February Volunteer of the Month award to Rachael Hill. He highlighted the following: ■ President/CEO Jeff Hill Legacy Fund ■ Liaison for Elk River High School Quarterback Club • Member of Elk River Youth Sports Commission ■ Coach for flag and tackle football ■ Former board member Elk River Youth Football Association a Volunteer at the Elk River Y Church ■ Leads and assisted in several fundraising events for various organizations ■ Organized volunteers for the 2019 ERX Extreme 5k 6.2 Pinewood Golf Course Annual Update Chris Singer, Elk River Golf Club, provided an overview of the 2020 golf season for Pinewood as outlined in his presentation. 7. Public Hearings There were no public hearings. 8.1 Ordinance Amendment: Targeted Picketing Mr. Portner presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Beyer to adopt Ordinance 21-03 relating to and regulating targeted picketing in residential neighborhoods in the City of Elk River. Motion carried 5-0. ►01EIEI IT NATURE City Council Minutes Page 3 February 16, 2021 8.2 Request for Proposal Pinewood Sale Mr. Portner presented the staff report. Michelle Binsfeld, 13230 Islandview Drive, suggested golf course experience information be required to be submitted with proposals. Council requested the following changes: Language referring to maintaining the course for a minimum of 10 years changed to "no less" than 10 years. (To allow a longer term in exchange for other concessions.) Under Project Overview, Section 5 added, golf course management experience and business plan be included. (expressing concern for golf course experience and what happens if it ceases operation in 5 years.) Moved by Councilmember Beyer and seconded by Councilmember Westgaard to approve the request for proposal and timeline for the sale of Pinewood Golf Course with the amendments noted above. Motion carried 5-0. 8.3 193rd Avenue & Dodge Street Stop Sign Request Mr. Femrite presented the staff report. This item was brought forth by a resident concern for safety. Councilmember Wagner stated a concern of the resident was speed and questioned what data was collected. She discussed the perception of speed and how different it can be for a pedestrian from the actual speed. Mr. Femrite said you can't get good results from a speed trailer because everyone will slow down when they see it. He stated the stealth stat showed the average speed was above the posted limit as it is for most streets, but he didn't feel it was excessively above. He stated staff would not propose a stop sign for speed control. Councilmember Christianson stated area residents expressed concern with the painted crosswalk and claims of near misses by vehicles. He expressed concern with not having any control and the elevation change. There was discussion about why some intersections have stop signs and some not and the differences between each scenario. Councilmember Beyer stated he has noticed pedestrian crosswalk stands in the middle of some crosswalks, which can help slow traffic, but they seem to get moved around. He stated he drives this route often and it appears vehicles are flying fast and it's a safety concern. He stated there are tire marks in the adjacent lawn and asked if anything can be done to make the corner safe for the resident. POWIRE0 0r NATUREI City Council Minutes February 16, 2021 Page 4 Mayor Dietz noted the intersection will be reevaluated with the Highway 169 project. He expressed similar concerns and noted there should be a review at that time. Councilmember Christianson questioned the drawback to installing a 4-way stop. Mr. Femrite stated one of the reasons recommendations follow warrants is to establish standards in the driver's mind to expect traffic control in the correct spots. He provided two examples: ■ when installing unwarranted stop signs and drivers doesn't feel like it should be a stop, you get them not following the sign and the area becomes less safe. ■ when signage is installed based on requests, he'll hear back a month later they want them removed because of how noise changes with more acceleration. Councilmember Beyer asked the city to keep an eye on the area and to make sure the pedestrian signage stays in the road. Councilmember Westgaard noted crosswalks in this area are new and it takes driver's time to adjust. He explained the purpose of collector streets and how adding stop signs creates other issues such as traffic stacking in a residential area and a lot of vehicle stops/starts. He suggested other alternatives such as re -striping. He stated the purpose of a collector street is to move traffic in and out of an area efficiently. Councilmember Christianson expressed concerns with the many driveways on the collector street and questioned the balance of efficiency and safety. Councilmember Wagner stated the Council needs to have a broader discussion about crosswalks noting there are options to enhance them for better safety. Mr. Femrite stated this intersection was reviewed against the Council adopted Technology and Enhanced Traffic Control Policy which prescribes where the city installs safety devices. He stated Council could review and update the policy. He noted these options can be expensive and budget is a consideration. Mayor Dietz said Council would leave it as is for now and bring back the policy for further discussion. Staff was asked to follow up with the resident who requested this discussion and if they feel a need to meet with Council, then to bring it back for a work session discussion. 8.4 Temporary On -Sale Liquor License: Aegir Brewing Co. LLC Ms. Allard presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve a Temporary On -Sale Liquor License to Aegir Brewing Co. LLC for March 18-21, 2021 at their manufacturing location at 19050 Industrial Blvd, with the following conditions: rI 0VIRII BY ATUR� City Council Minutes February 16, 2021 Page 5 1) Indoor occupancy shall not exceed existing certified occupancy level (Industrial — 44) and the Governor's Emergency Executive Order pandemic occupancy levels of 50%. 2) If the permittee desires to exceed existing certified occupancy level, the building and fire department shall inspect emergency exiting/access and lighting and approve in writing a permitted occupancy number for this event. 3) Alcohol must be confined to an area with a secured, controlled access. 4) Wrist band control is required for patrons 21 and over. Motion carried 5-0. 8.5 Internet Service Mayor Dietz stated he gets a lot of calls from people upset about internet access. He requested a map to show where access is available. He stated the city should do more to bring internet in and he would like to apply for grant opportunities when they become available. Mr. Portner stated grant funds were allocated through DEED but he couldn't find any opportunities available for 2021. He noted there is a bill being considered at the legislature for possible funding opportunities. He noted a consultant may be needed to gather data to improve our funding chances. Councilmember Westgaard noted the city doesn't control private business. Mayor Dietz stated the city could be more aggressive to get projects ready to go if funds become available. Sherburne County Commissioner Tim Dolan stated they have a new map that lays out the parcel density, speed of service, and some grant areas. He stated there is a federal reverse auction grant, and applications are typically submitted by the internet service provider with governmental partnership. He noted the maps are not accurate because it involves private business data. He stated the county is currently scoping a study to identify areas where it makes sense to participate and fill in gaps. Mayor Dietz questioned the incentive to the provider to work with government to get grants. Mr. Dolan stated the decisions a provider makes will be to their interest and is based on a payback calculation so they can get a return on their investment. He stated the county is working on determining the gaps not addressed by various programs. 8.6 7W Transportation Committee Backup Member Mayor Dietz noted the committee would like a backup member appointed in his absence and he suggested Councilmember Beyer. P a w E a f o 6 Y NATURE] City Council Minutes February 16, 2021 Page 6 Moved by Councilmember Westgaard and seconded by Councilmember Wagner to appoint Councilmember Beyer as a backup member to the Region 7W Transportation Committee. Motion carried 5-0. 9.1 Tiered Park Dedication Mr. Carlton presented the staff report. Councilmember Wagner stated Council discussed possibly capping the fee for high density residential previously. Councilmember Westgaard stated there is an obligation to review the fee if it is making it cost prohibitive for this type of high -density housing option in the city. He stated he'd like to stay with the current formula and the rationale on how it's calculated but suggested a cap for high -density residential. He stated when you get into these larger projects, $800,000 is a lot of money which can push it outside its bound of proforma. He suggested a cap at $500,000. He noted the rationale behind the fee is the burden of high -density on the park and trail system. Mayor Diez stated he was concerned how revenue would be affected in the park dedication fund, but he understands the city will not get a lot of projects of this type. He concurred with a fee cap not to exceed $500,000. Pat Briggs, Briggs Companies representing Riverwalk, expressed his thanks to Council. He introduced Mark Buckholtz. Mr. Buckholtz thanked Council for the opportunity to be heard on this matter. Council consensus is to direct staff to draft an ordinance with a $500,000 cap for multi -family housing. Mr. Beck reiterated Council put in a lot of time and expense to document the rationale for park dedication fees. He stated it could be disincentivizing attracting larger multi -family projects and would be okay for Council to set a cap to incentivize and attract this type of project. 9.2 joint Meeting with Energy City Commission Energy City Commissioners Present: Tom Sagstetter, Becky Herbert, Tim Steinbeck, and Trish Curtis Ms. Erickson and Chair Tom Sagstetter presented the staff report. Commissioner Curtis discussed the social cost of carbon and further reviewed goals, projects, and priorities of the commission as noted in the report. She also asked Council for direction on the commission's role. P 0 V E R E 1 sr NAYUR City Council Minutes February 16, 2021 Council noted the following: ■ Gather feedback from the community through the city's survey communications tool. ■ Look to commission to review opportunities and to provide insights to Council, whether it be in building codes or at the legislative level. • Community education ■ State and federal level opportunities 9.3 County Road 13 Plan Review Page 7 Mr. Femrite presented the staff report. He discussed the intersection at Tyler Street and Twin Lakes Parkway and new housing projects on the horizon along with its impact for services by traffic, bikes, and pedestrians. He stated they'll need to get new users over to the sidewalk system across County Road 13 in a safe manner. He reviewed options and costs and noted cost participation would be required if Council wanted to try a different layout option. He stated a roundabout would help user movement but would be an approximate $450,000 cost increase to the project. He stated funds could come from state aid or the street improvement reserve fund. He noted it would increase the city's cost participation to approximately $300,000. Councilmember Wagner expressed her safety concerns for the road and stated this would be the biggest safety improvement to a roadway she has seen since being on Council. She thanked staff and the county for their work. Mr. Femrite stated this improvement is needed because of future development coming to the area and he will come back with a joint powers agreement outlining the details for cost participation if Council wants to pursue the roundabout option. Council consensus is to pursue a roundabout at Tyler Street and Twin Lakes Parkway on County Road 13. 9.4 Trail Rating Index and Maintenance Goals Mr. Femrite presented the staff report. Council discussed the following: • Would be great to have a policy to establish a trail rating system, outline how to pay for the program, and base decisions on trail conditions. ■ Opportunity to use franchise fee fund. ■ Whether a trail rating index is sustainable to maintain and should be wrapped into pavement management. • Should liquor operation funds transfer be reduced if Council is considering a new funding avenue. P0NERE1 0V NATURE City Council Minutes February 16, 2021 Page 8 Council consensus was to move forward with an ordinance amendment for further discussion. 9.5 Advisory Commission Selection Process Ms. Allard presented the staff report. Councilmember Wagner noted there were a lot of community members who came forth and are willing to be engaged with the city. She stated with this new procedure Council would never know their names and who they are. She questioned how Council could make this process a step better and ensure capturing these individuals who step forward to keep them engaged. She stated she would like to ensure the Council is aware of the interest out there so they could serve later if there is a vacancy or could be added to the Elk River Resident Advisory survey group. She expressed concern with only capturing reappointments. Mayor Dietz and Councilmember Westgaard asked how to do this if these applicants will not be appointed, which makes it worse when they come in and don't get appointed. Councilmember Beyer asked what if the new candidate is better than the current member. Councilmember Wagner stated she doesn't want the uncomfortable situation as we've had in the past, but she also doesn't want to miss the opportunity to meet new applicants and suggested a different avenue to bring them in. She also noted it can be awkward with appointments when a new applicant gets nominated over an existing member who is also very good. Councilmember Christianson stated he liked Councilmember Beyer's idea to still advertise and interview for vacancies and then appoint at the next meeting. He didn't feel there should be an automatic appointment of existing members. He stated the new applicants have a willingness to want to serve and he doesn't want to turn them away. Mayor Dietz stated he doesn't want to get the expectations up for the new applicants and then have them walk away upset and questioning why they bothered to apply. Councilmember Beyer stated he felt the process was rushed. He stated being new he didn't have the connections other Councilmember may have. Mr. Portner suggested having a language where it's known that after a set number of terms, such as three, then the position would be advertised. He stated it would give someone else a chance to serve and let the current board member know Council is happy with their work but want to give others opportunity. NATUREI City Council Minutes February 16, 2021 Page 9 I Councilmember Westgaard noted it's nice to have some continuity because it takes time to learn everything. Councilmember Christianson stated term limit are a good idea. It's clear and concise and you still have continuity, and are getting new people in. Mayor Dietz stated he is not in favor of term limits and the process should stay as it is if Council is not happy with the proposed changes. Councilmember Westgaard stated he is not opposed to the current process but would like to do the interviews at a separate meeting from the appointments. Council concurred on the separate meetings for interviews and appointments. Councilmember Wagner suggested turning this back to the commissions and asking their opinions about how they feel the appointment process has been, as a volunteer, do you think they should have unending time as a member and would it be helpful to have turnover on the commissions. Council directed staff to get feedback from the advisory boards and report back to Council. 9.6 Street Impact Fee Legislation Mayor Dietz presented the staff report. He asked Councilmember Christianson to discuss his recent testimony at the legislature. Councilmember Christensen stated he contacted staff to ask about process for tracking legislation. He stated his Council packets only show League of Minnesota Cities (LMC) point of view and no other viewpoints. He stated he was going to have someone present another viewpoint at tonight's meeting, but they were not able to make it. He stated the language for this legislation is vague and as he dug into it, he was not in support. He expressed concern with future unknown impacts of this fee. He had an opportunity to express his views to the legislature and utilized it. Mayor Dietz stated Council prides itself on being open and transparent. He stated the Council voted 5-0 to support LMC's position by adopting a resolution to support infrastructure accountability and he felt Councilmember Christianson should have informed Council he would be testifying in opposition. Councilmember Christianson stated he disclosed he was a Councilmember for Elk River but was speaking on his own behalf and not as a representative of Council. He stated there is a short dineframe to review packet material and they are only provided one viewpoint. He questioned how Council can make an informed decision when they don't see other viewpoints of an argument. He stated he took it upon himself to do extra research as more information became available. P 0 N E A E 0 B Y NATURE City Council Minutes February 16, 2021 Page 10 Mayor Dietz stated he has an issue when a Councilmember doesn't at least give the courtesy of an update. He stated Elk River is being talked about at legislature and he is getting calls from mayors of other cities who are confused and unhappy with the comments. He stated this isn't transparent and Council deserves the courtesy of knowing what is happening. He stated it clouds the issue when stated on the record you are a Councilmember for the city. Mayor Dietz stated if he had a heads up, he could have been prepared with explanations to others. He stated he agrees Council should looked at other viewpoints. He asked Councilmember Christianson where the funds would come from if the legislation doesn't pass. He further asked if it is fair to that this from taxpayer pockets. Councilmember Christianson stated in the future he would provide information beforehand. He stated this has nothing to do with Council and it's only his opinion. He stated this legislation warrants a bigger discussion and he wants to see both sides of an argument. He stated there is not always time to get through packet material in a few days. Mayor Dietz noted Councilmembers can request to continue discussions and request more information if they are not comfortable or ready to make a decision. Councilmember Wagner stated she was surprised as well and even though Councilmember Christianson spoke on his own behalf the optics are, he is an Elk River Councilmember. She asked what changed on this issue to prompt testifying against the legislation. She stated she feels Councilmember Christianson should have come back to Council to discuss the matter further. Councilmember Christianson stated he has some information he can share, and he questioned how the legislation would impact Elk River. He stated the language is vague. He stated in the City of Woodbury you are looking at an additional $10,000 per home for any new development. Mayor Dietz stated the bill gives the city the ability to charge a fee if they choose. Councilmember Wagner concurred. She stated if Councilmember Christianson felt this needed another look, then send the information to staff so the full Council can review it. Mr. Beck stated if legislation passed authorizing a street fee, it would most likely be implemented like the park dedication fee which would require a justification for the charges. He stated he doesn't see any scenario where legislation passes a fee without further requiring an analysis and a rational basis for the proposed fee. Mayor Dietz read the agenda statement prior to closing the meeting. P0BCBEI BT NAfUR� City Council Minutes February 16, 2021 Page 11 10. Closed Meeting per MN Statute 1313.05, Subd 3(c) Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Staff Present: City Administrator Cal Portner, Parks and Recreation Director Michael Hecker, and City Clerk Tina Allard Also Present: IAG Commercial representatives Michael Sedley and Jeff LeFavre Mayor Dietz opened the closed meeting at 8:54 p.m. noting the property to be discussed was the former activity center building at 413 Proctor Avenue. Mayor Dietz adjourn the closed meeting at 9:38 p.m. and reopened the regular meeting. Moved by Councilmernber Westgaard and seconded by Councihnember Christianson to approve the sale of 413 Proctor Avenue to First Step Preschool for $610,000. Motion carried 5-0. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:37 p.m. Tina Allard, City Clerk u P 0 N I R[ o B r NATURE