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4.1 DRAFT MINUTES (2 SETS) 10-17-2022 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, October 3, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Environmental/Special Projects Director Suzanne Fischer, FT Center Superintendent Tim Dalton, Engineering Project Manager Brandon Wisner, 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 6:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Consider Agenda Item 4.6. was added to the agenda. Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the agenda as amended. Motion carried 5-0. 4. Consent Agenda Council asked for clarification on contract language for Item 4.3 which staff responded to. Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve: 4.1 September 19, 2022, and September 22, 2022, Minutes 4.2 Check register as outlined in the staff report. 4.3 Extension of Contract 22-24 with Allied Waste Services of North American, LLC., for garbage, recycling, and optional yard waste collection as outlined in the staff report. 4.4 Resolution 22-55 acknowledging contributions to the Farmers Market. 4.5 2023 Flexible Benefits Plan as outlined in the staff report. 4.6 Accept bid from Palmer-West Construction Company in the amount of $151,000 for the reroof of Northbound Liquor. City Council Minutes Page 2 October 3, 2022 ----------------------------- Motion carried 5-0. 5. Open Forum No one appeared for Open Forum. 6.1 Introduction of New Employees Council welcomed various staff to the city. 6.2 Elk River Landfill Update Ms. Fischer introduced Matt Ledvina, Civil and Environmental Engineer with Gestalt Engineering. Mr. Ledvina discussed the closure plan for the landfill as shown in the staff report. There was discussion of when the closure would happen, but no timeline is definite at this time. 7.1 Administrative Subdivision: Beaudry Elk River Addition Mr. Carlton 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. Moved by Councilmember Christianson and seconded by Councilmember Westgaard to continue the public hearing to October 17, 2022. Motion carried 5-0. 8.1 Revised 2022-2023 Season Contract with Minnesota Squatch Junior Hockey Team Mr. Dalton presented the staff report. Council asked if this contract would have consistency with other contracts. Mr. Dalton stated yes. Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve Furniture and Things Community Event Center Contract # 22-25 (for ice purchase and facility use with Minnesota Squatch Junior Hockey Team). Motion carried 5-0. 8.2 Discuss Work Session Items There were no additions to the work session list. City Council Minutes Page 3 October 3, 2022 ----------------------------- 9. Council Liaison Updates Councilmembers provided updates as outlined in the respective advisory boards’ minutes. Council noted the Downtown Elk River Business Association thanked the city for the flowers along Main Street this year. Council recessed at 6:57 p.m. and reconvened to work session at 7:01 p.m. 10.1 Morton Avenue Drainage Study Mr. Wisner introduced Jason Cook with Bolton and Menk, Inc. Mr. Cook discussed the project as noted in the staff report. He outlined existing conditions, causes, flood modeling, proposed improvement concepts, cost estimates, and funding sources. Council discussion:  Most of the public at the open house favored option #2.  Should the city pay half and residents pay half the costs?  Can there be a standard fee amount for all those assessed?  How many years should be allowed for payoff?  Break down the fees to determine which components fall under maintenance, and can be covered by stormwater fees, such as changing the pipe size/depth, versus adding a catch basin and pond.  Determine Bailey Point Park restrictions and if it can be utilized for the discharge. The city will have to provide maintenance in the park as well.  Whether it was conveyed to open house attendees that there may be an assessment. Mr. Cook stated the city assessment policy outlines a 5-year payoff but noted the policy could be amended. He further indicated staff could research more options for funding and payment, such as breaking out the maintenance specific items, use of other funds besides stormwater, or setting a percentage for payment. Mr. Wisner believes an environmental benefit could be shown for this project that meets park restrictions. He stated the pond will be vegetated and non-noticeable in the park. He noted property owners are aware of the assessment. Mr. Portner stated the Bailey Point Nature Preserve conservation easement should support this type of project within parameters of the park restrictions. He stated past city issues were related more to wanting to add non-nature amenities to the park. Mr. Cook stated:  The design of the pond is intended to drain within 48 hours of an event/ City Council Minutes Page 4 October 3, 2022 -----------------------------  Is intended to be dry most other times.  Would catch sediment before getting to the park.  Would be maintained twice a year.  Should be dredged in 10 to 30 years over dependent on runoff. Council consensus is to pursue Option #2. Mr. Wisner stated he would like to tie this project into the 2023 street improvement project to help streamline costs. He noted there may be a Main Street closure needed. 10.2 Lake Orono Aquatic Plant Control Chair Patrick Plant, Orono Lake Improvement District (OLID), discussed the desire for staff time and funding regarding aquatic vegetation control in the lake, among other items, as noted in the 2021-25 Lake Orono Management Plan Budget. He would like to collaborate with staff to explore funding opportunities. He stated they are short funds of approximately $7,000 to $12,000 for treatment Mayor Dietz questioned if OLID is asking for $40,000 over the next 5 years for vegetation control. Mr. Plant estimated the cost at about $40,000-$65,000 but noted it is difficult to predict exact numbers due to the unknown of future growing seasons. Council discussed:  A hesitancy to use city funds or raising property taxes after spending money for the Active Elk River dredging project.  If there are programs and funding available by the state because the vegetation is state regulated and owned.  If a tax is collected, can more be assessed to the lake owners.  It may be tough to control aquatic plants, like trying to eradicate buckthorn. Mr. Plant indicated the state does not offer funding for control of native plants, but OLID will spend time looking into options. He stated they are reviewing increasing lakeshore owners’ treatment in front of their shorelines and that a lot of community members besides lake owners actively use the lake. Mr. Beck stated a tax would have to be applied uniformly or an assessment would be required. Mr. Plant stated lake owners are paying $35-$40,000 for annually private weed control along their shorelines. Councilmember Christianson (an Orono Lake property owner) stated star grass is native but difficult to manage and it’s a tricky situation because the lake is not designated a park. He noted the amount of money spent on dredging and expressed City Council Minutes Page 5 October 3, 2022 ----------------------------- concern for how quickly vegetation is spreading. He questioned what the lake will look like in a few years if they are not proactive about maintenance, and how much more costs may increase. Council consensus for the OLID to work with staff on funding options. 10.3 Furniture and Things Community Event Center Concessions & Catering Mr. Dalton presented the staff report. There was discussion about the need for an interim plan and a larger scope review of where the city wants the facility to be long-term. Council expressed the following:  How would food trucks be incorporated as an allowed use.  How does fast food delivery fit into the plan.  How do liquor licensing/catering permits work together  can/is the city going to hold a liquor license.  Is a new exclusive caterer sponsorship wanted as a revenue stream source.  We went down the path of an exclusive caterer and it didn’t work. Why. Is it sustainable to have a premier caterer offering gourmet food, or would we be pigeonholing ourselves by going with what we want versus what is realistic, or should we explore all opportunities.  Process clarification, who would attract and negotiate a sponsor and who makes the final decision on it  Process clarification for determining the overall goals and direction of the facility and the roles/responsibly between staff, the Commission and Council.  If not going to utilize the Commission, then it should be abolished.  Concerns for the facility running like government versus a business.  Concern for a balanced budget, and with spending money to hire employees when there is not enough revenue.  Concern for the city in the restaurant business.  Survey of user groups.  Concern for the facility reverting to an arena versus a premier multi-use facility.  Concern for management/scheduling of multiple caterers by staff.  Concern for the personal time spent on capturing sponsors and their management moving forward.  Concern for communications between staff, the Multipurpose Facilty Advisory Commission, and Council.  Push this back to the Commission to draft a short-term policy, vet, and make recommendations of approved caterers, until we can have a deeper discussion of the long-term goals for the facility. City Council Minutes Page 6 October 3, 2022 -----------------------------  Concern for the February Minnesota High School Section games and providing concessions to them. There may be a need to partner with an organization to have expanded concessions due to the size of the event. Mr. Dalton noted the City of Maple Grove has two types of caterers, with some licensed for selling liquor. He noted in other cities they reviewed, none of them held a liquor license. Councilmembers disagreed on whether there would be more rentals if there were more caterers versus an exclusive caterer approved. Mr. Portner noted staff was directed by Council to bring this agenda item to them for discussion. He stated Council makes policy decisions and it will come back to Council for further discussion. He stated they’ll need to figure out the sponsorship component and whether they want to go out for a request for proposal or a recruitment process. Council consensus for the short-term planning of catering to be discussed and a policy developed at the next multipurpose facility commission. Council consensus the city would temporarily handle concessions for the current hockey season until March 1, then work on coming up with a long- term. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:16 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk Closed Meeting of the Elk River City Council Held at Elk River City Hall Monday, October 3, 2022 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike Beyer, Matt Westgaard, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Attorney Hannah Felix, Public Works Director Justin Femrite, Human Resources Manager Lauren Wipper, 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 8:19 p.m. by Mayor Dietz. Prior to closing the meeting, the mayor stated for the record that the meeting would be closed as allowed by MN Statute Section 13D.05, Subdivision 3(b) to discuss confidential attorney-client privilege regarding pending litigation in the matter of Zappa v. City of Elk River. 2. Closed Meeting The City Council held the closed meeting. 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:04 p.m. ___________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk