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06-21-2021 Regular CCMMeeting of the Elk River City Council Held at the Elk River City Hall Monday, June 21, 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/Chief Engineer Justin Femrite, Senior Planner Chris Leeseberg, Economic Development Coordinator Colleen Eddy, Environmental Coordinator Amanda Erickson, Engineering Project Manager Brandon Wisner, and Deputy Clerk Jessica Miller I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:02 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Councilmember Wagner removed item 4.20 to general business as 8.2. 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 June 7, 2021, minutes. 4.2 Check register as outlined in the staff report. 4.3 Sherburne County Turnback Agreement 21-20 (CR 79 & 209`' Avenue). 4.4 Resolution 21-41 accepting donation from Zimmerman Fire Relief Association to the Elk River Fire Department. 4.5 Call Special City Council meetings as outlined in the staff report. 4.6 2021-2022 liquor license renewals as outlined in the staff report. 4.7 Hire Brent O'Neil as Economic Development Director effective June 22, 2021, as outlined in the staff report. 4.8 Approving the Development Agreement and adopting Resolution 21-42 granting the final plat for Majestic Oaks with the following conditions: City Council Minutes June 21, 2021 Page 2 1. A Development Agreement must be signed by the city and developer prior to releasing the final plat for recording. 2. Park dedication be paid for the final number of dwelling units, at the applicable rate when the subdivision is released for recording. 3. A Letter of Credit shall be provided to the city in the amount of 100% of the costs of the public improvements. 4. Upon completion of all improvements and acceptance by the city, a security or warranty in a form acceptable to the city engineer must be secured. 5. Development Plan shall be approved by the city engineer prior to issuance of building permits. 6. Staff approval of all updated site and engineering plans. 7. Any item or condition found that indicates the site is likely to yield information important to prehistory or history shall be reported to the city immediately. Further, the city reserves the right to stop work authorized in its approval until the site is appropriately investigated and work is authorized. 4.9 Agreement 21-21 land exchange agreement with Copart of Connecticut Inc. 4.10 Resolution 21-43 accepting the donation of Outlot A, Wildlife Woods 4.11 Resolution 21-44 approving establishment of TIF District No. 27. 4.12 2021 Mineral Excavation License renewals as outlined in the staff report. 4.13 Resolution 21-45 authorizing a transfer from the Liquor Fund to the Park Improvement Fund. 4.14 Purchase and installation of a dock at Rivers Edge Commons Park for $125,704.00 and $10,000.00 to install a concrete/transition path. 4.15 Agreement 21-22 approving an extension of 120 days to Agreement 21-7 between the City of Elk River, Bolton & Menk, Inc., and Rice Lake Construction Group. 4.16 Agreement 21-23 with the Elk River Country Club. 4.17 Pay estimates as outlined in the staff report. 4.18 Deer Herd Management Plan as outlined in the staff report. 4.19 Temporary On -Sale Liquor License to Aegir Brewing Co. LLC for July 3, 2021, with the following conditions: 1. Alcohol must be confined entirely to inside the building at 707 Main Street NW and the small patio area outside. The patio must be completely enclosed by fence with no ingress/egress. 2. It is the responsibility of the business to keep patrons on their premises with alcohol and failure to do so could result in revocation of the licensee's taproom and off -sale licenses. Motion carried 5-0. r 0 1 1 a I I 9 1 NATUREJ City Council Minutes June 21, 2021 S. Open Forum No one appeared for Open Forum. Page 3 6.1 Sherburne County Update by County Administrator Bruce Messelt Mr. Messelt provided an update on general county activities. Mayor Dietz indicated he is concerned with lack of broadband in parts of Elk River and questioned if the county will assist in assisting. Mr. Messelt stated the county would be interested in partnering with the city to see what can be done. 6.2 Elk River Library Report Great River Regional Library Services Coordinator. Robbie Schake and Library Board Chair Rita Dreissig provided the 2020 Elk River Library Annual Report. Ms. Schake introduced Ryan McCormick, new patron services supervisor for Elk River. Mayor Dietz explained the city paid $11,000 to allow additional hours at the Elk River Library over a five-year timeframe. He stated it is his understanding other libraries are also open the additional hours, but Elk River is the only city paying for the additional hours. He believes the additional hours are beneficial to the library maintaining consistency. He indicated at the end of the five-year agreement he is hoping the library continues to be open the additional hours at no additional cost to the city. Mr. McCormick indicated he does not have authority to approve the request but agreed it seems reasonable and he will relay the message back to Great River Regional on behalf of the city. Mayor Dietz stated he saw in the report that nothing has been done with the garden yet. Ms. Dreissig indicated she hasn't spoken with Mr. Sevcik yet, but she has a feeling the dry and hot weather conditions have something to do with the delay. Mayor Dietz asked Mr. Portner to check on the status. 6.3 City of Elk River Volunteer of the Month Mayor Dietz presented the June Volunteer of the Month award to Kevin Beadles. He highlighted the following: ■ Adopt a highway volunteer for last 20 years. ■ Member of the Zimmerman Legion Honor Guard. ■ President or vice president of the Elk River Lions for six of the last 10 years. P0WEBEI BY NATURE City Council Minutes June 21, 2021 Page 4 ■ Very active in all Elk River Lions projects the last 10 years including the county fair and CAER. Donated over 100 hours to help rebuild the Lions booth at the fairgrounds. ■ Involved in Project Hope providing weekend retreats for combat veterans and their families. ■ Awarded numerous Lions awards including Lion of the Year, Melvin Jones Fellowship, District Governor's Award, and Presidential Appreciation Award. 6.4 Construction Update Mr. Femrite detailed the current public construction projects affecting travel in Elk River. Mayor Dietz questioned the best way to handle questions from residents as he doesn't like being a go between. He asked if the Council should take names and numbers and pass the information on to staff. Mr. Femrite indicated the Council can pass the information on to him and he will either answer the question or refer the question to someone better qualified to respond. Councilmember Wagner questioned if the County Road 13 project would be postponed if the state shuts down. Mr. Femrite indicated it would depend on where the project is at in the approval process, but it could end up delaying the project. 7.1 Conditional Use Permit: Private Kennel, 18857 Albany Street Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz continued the public hearing to July 6, 2021. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to continue the public hearing to July 6, 2021. Motion carried 5-0. 7.2 2020 National Pollution Discharge Elimination System Annual Report Mr. Wisner 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. 8.1 Conveyance of 413 Proctor Avenue NW — Activity Center Property Mr. Portner presented the staff report. P ON EA [I Ili NATURE City Council Minutes June 21, 2021 Page 5 Moved by Councilmember Westgaard and seconded by Councilmember Beyer to adopt resolution 21-47 approving conveyance of certain property at 413 Proctor Avenue NW to First Step Preschool and Childcare LLC. Motion carried 5-0. 8.2 Resolution 21-46 Accepting Donations from the Bank of Elk River, First Bank of Elk River, the State Farm Agency, and the Elk River Area Chamber of Commerce for the Slipstream Public Art Initiative Ms. Eddy presented the staff report. This item was pulled this item from the consent agenda as the Council felt it was important to publicly recognize community partnerships. Moved by Councilmember Wagner and seconded by Councilmember Christianson to adopt resolution 21-46 acknowledging contributions from the Bank of Elk River, First Bank of Elk River, the State Farm Agency, and the Elk River Area Chamber of Commerce. Motion carried 5-0 Council recessed at 7:10 p.m. to work session. The meeting reconvened at 7:13 p.m. 9.1 LORE Update Mr. Wisner and Ms. Erickson provided an update on LORE activities. Ms. Erickson indicated staff is looking for direction on assessments as outlined in the staff report. Mayor Dietz explained the $100,000 city contribution was based on the 26 city - owned units at $3,800 per unit. He does not feel it's fair for the city to pay that amount if other lake owners are only paying a much lesser amount. He would like the city to pay a fair share. He suggested adding the 26 city -owned units back and taking the total amount of units divided by the total amount remaining in the project expenditure to be assessed. Patrick Plant, Orono Lake Improvement District Chair, indicated the city contribution was based on how things were billed out in 1998 with the city making a larger contribution. He added the city has contributed other funding towards this project such as the Active Elk River funds and he feels it evens out. He mentioned for the OLID the number of parcels assessed is 171 versus the 180 we have. He stated he would be happy to work with staff to figure out the difference. Ms. Erickson indicated she believes 180 parcels were identified in the feasibility study and she's not sure that number can be changed because the study is part of the 429 process. She noted that may be a question for the city attorney. Mr. Wisner indicated the additional parcels could be due to River Place. Councilmember Westgaard stated he believes the assessment should be equally shared by all property owners identified in the assessment, including the city -owned Per1aII I NATUREI City Council Minutes June 21, 2021 Page 6 parcels. He added his recollection is that the DNR identified which parcels were part of the lake. Councilmember Christianson concurred with the city paying an equal share. Councilmember Beyer also concurred adding that the city could have done the project under budget but the property owners requested more sediment removed in the project, so he feels it's fair to share the remaining amount via assessment. Mr. Portner noted the petitioners of the lawsuit have recently added the DNR to the lawsuit. Ms. Erickson indicated the next step is for the Council to identify an assessment amount and for an assessment hearing to be held. She stated assuming the total parcel number of 180 is valid, they will move forward. Mayor Dietz questioned how the assessment can be split equally if a court case takes a year. Ms. Erickson recalled the city attorney explaining if a property owner appealed during the assessment hearing and the city granted the appeal the city would be responsible for covering the amount of that parcel's assessment. She believes the same would be true in the case of a lawsuit. Mr. Portner confirmed with Attorney Beck the number of parcels cannot be changed once the assessment process has begun. Ms. Erickson noted the county charges $5 per parcel assessment fee so that will be added to the assessment amount. Council consensus was to proceed with an assessment of $850 per parcel after staff confirmed the unit amounts and allow property owners to pay the assessment back over four years. Staff was going to confirm the correct number of parcels and units and then confirm the assessment amount per unit. 10. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:36 p.m. Minutes prepared by Jessica Miller. Tina Allard, City Clerk POitINEIIV NATURE]