4.1. DRAFT MINUTES 11-19-2012 MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, OCTOBER 15,2012
Members Present: Mayor Dietz,Councilmembers Motin,Westgaard,and Gumphrey
Members Absent: Councilmember Zerwas
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Planning
Manager Jeremy Barnhart,Park Planner Chris Leeseberg,City Engineer
Justin Femrite,City Attorney Peter Beck,and Recording Secretary Jennifer
Johnson
1. C_all 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
The Pledge of Allegiance was recited.
3. Consider 10/15/2012 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE AGENDA.MOTION
CARRIED 4-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE FOLLOWING
CONSENT AGENDA:
4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.2 PAY ESTIMATES:
A. PUBLIC WORKS FACILITY PROJECT.
B.NATURES EDGE BUSINESS PARK PROJECT.
4.3 RESOLUTION 12-55 APPROVING THE JOINT POWERS AGREEMENT
BETWEEN THE CITY OF ELK RIVER ON BEHALF OF ITS POLICE
DEPARTMENT AND DESIGNATING THE LEGAL AUTHORITY FOR
SIGNING CONTRACTS.
4.4 AGREEMENT FOR ELECTRONIC SUBMITTAL OF DISCHARGE
MONITORING REPORTS.
4.5 2013 FLEXIBLE BENEFIT DESIGN.
4.6 DISCONTINUE THE RECYCLING REBATE PROGRAM.
4.7 ACTIVITY CENTER RESTRUCTURING AS OUTLINED IN THE
STAFF REPORT.
MOTION CARRIED 4-0.
City Council Minutes Page 2
October 15,2012
5. Open Forum
Mr.Jim Neilson, 118 East Main Street,Anoka—Attorney for property owner Martin
Moritz,20541 Twin Lakes Rd.NW,explained how he felt staff and the council scolded him
and his client inappropriately at the September 17,2012,city council meeting.He stated that
at that meeting,he couldn't respond to the council's comments because he didn't have all
the facts from his client.He clarified that his client did not construct any fences after the
August 20,2012,city council meeting.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to the October Volunteer of the
Month award to Mary Ziner,a retired school teacher.The list of his accomplishments
includes:
• Boy Scout leader for 34 years;
• Past president and current treasurer for the Minnesota FFA Alumni Association;36
year board member;
• President of the Friends of Advance Hunter Education,board member for 30 years,
and the current secretary;
• 4-H county and State Fair conference judge for 30 years and adult volunteer for 39
years;
• Sherburne County Fair Board member from 2004-2012;
• Minnesota Fair Person of the Year for 2011;and
• Minnesota Outdoor Heritage Affiance board member for 12 years and current
secretary.
6.2 Proclaim October 31,2012,as Mick Stoffers Day in the City of Elk River
Mayor Dietz proclaimed October 31,2012,as Mick Stoffers Day in the City of Elk River in
recognition of her 27-years of service to the library and the Elk River community.Mayor
Dietz presented a plaque to Ms. Stoffers.
7.1 Conditional Use Permit: Sherilyn Wieber for Home Occupation (Hair Salon—Hair Guru),
Case No. CU 12-19
Mr.Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak,Mayor Dietz closed
the public hearing.
Councilmember Westgaard,who lives in this neighborhood,noted some concerns with the
applicant's clients experiencing blind spots while traveling on 193rd Avenue.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE THE CONDITIONAL USE
PERMIT FOR SHERILYN WIEBER FOR HOME OCCUPATION(HAIR
SALON—HAIR GURU)AS OUTLINED IN THE STAFF REPORT.MOTION
CARRIED 4-0.
City Council Minutes Page 3
October 15,2012
7.2 Ordinance Amendment: City of Elk River for Outdoor Storage in the Business Park Zoning
District.Case No. OA 12-04
Mr.Barnhart presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak,Mayor Dietz closed
the public hearing.
Mayor Dietz stated he felt the Planning Commission's recommendation that the area to be
screened be up to 30%of the lot area was too large.He questioned what other cities were
allowing for outdoor storage.
Mr.Barnhart stated the Planning Commission did recommend up to 30%of the lot area,but
he too felt this was too large an area.He recommended the amount of outdoor storage be
no greater than 30%of the building area.He stated not all of the businesses in this district
have a need to use outdoor storage,but stated that pallets,machinery,and trailers were the
main items stored outdoors.He stated it's hard to compare Elk River to other communities
as Elk River's Business Park is unique.He asked that Council approve the area of outdoor
storage based upon how they see the original intent of the use of the Business Park zoning
district.
Councilmember Westgaard stated he felt this amendment was a good addition to the current
ordinance and understood how certain businesses require outdoor storage.He felt screening
with natural materials would be the best.
Councilmember Morin stated he was not in favor of approving outdoor storage based upon
the original intent of the standards of the Business Park zoning district. He commented on
the city's goal of improving beautification and felt allowing more outdoor storage would go
against this goal. He requested the screening be complimentary to the color of the building
itself.He also asked how the buildings with multiple tenants would be affected.
Mayor Dietz stated he would be in favor of allowing up to 30%of building area for outdoor
storage,and that businesses should be required to install screening of a similar color to the
building.
Mr.Barnhart stated the goal with the screening requirement would be to allow the
businesses to make the choice in the type of screening they use,whether it was fencing or
natural landscaping materials,but allow for staff and the Council to make the final approval
of the materials used,or modify the business's proposal.
Counselor Beck had concerns with how to handle requests from multiple tenants and
multiple owners of buildings in this zoning district,and asked how Council wanted to word
the ordinance amendment.
After discussion,it was decided to change item 11(c) of the proposed ordinance amendment
to read"30%of the building area"instead of"30%of the lot area,"and to handle future
requests with multiple tenants and multiple owners of building owners as necessary. It was
decided that screening of the outdoor storage area shall be complimentary to the design of
the building.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE ORDINANCE
AMENDMENT #12-15 FOR THE CITY OF ELK RIVER FOR OUTDOOR
City Council Minutes Page 4
October 15,2012
STORAGE IN THE BUSINESS PARK ZONING DISTRICT AS OUTLINED IN
THE STAFF REPORT WITH THE FOLLOWING CHANGE:
(11)c. IS NO LARGER THAN 30%OF THE BUILDING AREA
MOTION CARRIED 4-0.
7.3 Conditional Use Permit:Alliance Machine/Bryan Provo for Outdoor Storage in the
Business Park Zoning District,Case No. CU 12-17
Mr.Barnhart presented the staff report.
The applicant,Bryan Provo,passed out an additional handout with updated information
regarding his request for a proposed fence.Mr.Barnhart stated the Planning Commission
hasn't reviewed this recent change to the applicant's request,which was to change the fence
from chain-length to vinyl post and vinyl screen with a lockable gate,and asked if the
Council if they wanted to table this item to allow staff to work out the outdoor storage and
screening details with the applicant and the Planning Commission and return to a future
Council meeting.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO TABLE THIS ITEM TO THE NOVEMBER
19,2012,CITY COUNCIL MEETING IN ORDER TO ALLOW STAFF AND THE
APPLICANT TIME TO DISCUSS THE DETAILS OF THE REQUEST.
MOTION CARRIED 4-0.
6.3 Information on District Levies
Mark Bezek,Superintendent of Independent School District 728,presented to the Council
information along with brochures and updated them in regards to the 2012-2017 School
District Strategic Plan,the 2012 Levy Fact Sheet,and the 2012 Report to the Community.
8.1 2013 Street Improvements Engineering Proposals and Resolution Calling for a Feasibility
Report
Mr.Femrite presented the staff report.
Councilmember Motin expressed his concern with the city not choosing the lowest bidder
for this project and wondered if it were legal to award the project to a firm that wasn't the
lowest bidder.
Mr. Femrite stated the proposal,while not the lowest bid they received,included a more
detailed approach to communications with the affected property owners in regard to the
street improvement project details and progress.He also stated the past working history with
WSB&Associates,Inc.,was positive and recommended the Council approve the proposal
from WSB.
Counselor Beck stated that while he hadn't reviewed this RFP,it wasn't a legal requirement
to accept the lowest bidder on a project if the best balance was in place for the needs of the
project. He suggested that the following two paragraphs from Mr. Femrite's staff report be
included in the resolution ordering the preliminary feasibility report:
City Council Minutes Page 5
October 15,2012
"The level of service provided in the project approach and public communication
proposed by WSB far exceeded the other firms. Their scope includes an expert
review of all pavement sections to confirm the proposed approach to maintain or
rebuild the pavement is the most costs effective method. Their proposal further
described a detailed public involvement process to assure all residents are property
informed through all phases of the project. Their process was clear from the
inception of the project through final construction. The fee proposed by WSB is
about 6.5%of the estimated construction cost for the project. This is lower than
the 9.5%we paid for the 2011 Street Improvement project and well below the 27-
30%that was historically paid for engineering services on street projects before
soliciting competitive bids.
WSB most recently completed the 171st AUAR project for Elk River in 2011.WSB
delivered that project on time and nearly 10%below their approved not to exceed
fee. Based on our review of their proposal,and past positive working history with
their firm,staff is recommending award of the work to WSB&Associates,Inc.in
the amount of$168,804. Upon the approval by the City Council,staff will work
with WSB to finalize a contract and begin work on the feasibility report
immediately."
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE$168,804 IN PROFESSIONAL
SERVICES FROM WSB&ASSOCIATES,INC.,FOR ENGINEERING
SERVICES FOR THE 2013 STREET IMPROVEMENT PROJECT,AND ADOPT
RESOLUTION#12-56 ORDERING A PRELIMINARY FEASIBILITY REPORT
IN THE MATTER OF THE 2013 STREET IMPROVEMENT PROJECT.
MOTION CARRIED 4-0.
8.2.A Ordinance Amendment: Chapter 38.Article VII.Regarding Pawnbrokers
8.2.B Resolution for Summary Publication of the Ordinance
Captain Kluntz presented the staff report.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER GUMPHREY TO APPROVE ORDINANCE
AMENDMENT #12-16 AMENDING CHAPTER 38,ARTICLE VII,REGARDING
PAWNBROKERS OF THE ELK RIVER,MINNESOTA,CITY CODE.
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT RESOLUTION 12-57 FOR
SUMMARY PUBLICATION AMENDING CHAPTER 38,ARTICLE VII,
REGARDING PAWNBROKERS OF THE ELK RIVER,MINNESOTA,CITY
CODE.
MOTION CARRIED 4-0.
9. Announcements
Councilmember Gumphrey requested an item be added to the November Worksession
agenda regarding Parks and Recreation funding improvement projects for the Ice Arena and
City Council Minutes Page 6
October 15,2012
Pinewood Golf Course.He also stated he will not be at the November 5,2012,council
meeting.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:50 p.m.
Minutes prepared by Jennifer Johnson
John J.Dietz,Mayor
Tina Allard,City Clerk
4' 79
CLOSED MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL (ORONO CONFERENCE ROOM)
MONDAY, NOVEMBER 5, 2012
Members Present: Mayor Dietz,Councilmembers Westgaard,Zerwas,and Motin
Members Absent: Councilmember Gumphrey
Staff Present: City Administrator Cal Portner,Human Resources Representative Lauren
Wipper,Recording Secretary Debbie Huebner
1. Call Meeting To Order
Pursuant to due call and notice thereof,the closed meeting of the Elk River City Council was
called to order at 9:00 p.m.by Mayor Dietz.
2. Closed Meeting PER MN Statute 13D.03 to Discuss Labor Negotiation Strategy Related to
Negotiations with LELS Local 231 and Local 271
The purpose of the closed meeting was to discuss Labor Negotiation Strategy Related to
Negotiations with LELS Local 231 and Local 271.
3. Adjournment
There being no further business,Mayor Dietz adjourned the closed meeting of the Elk River
City Council at 10:10 p.m.
Minutes prepared by Debbie Huebner.
John J.Dietz,Mayor
Tina Allard,City Clerk
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL (UPPER TOWN CONFERENCE ROOM)
TUESDAY, NOVEMBER 5, 2012
Members Present: Mayor Dietz,Councilmembers Zerwas,Westgaard,and Motin
Members Absent: Councilmember Gumphrey
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Fire Chief John
Cunningham,Economic Development Director Annie Deckert,Parks and Rec
Director Michael Hecker,HR Representative Lauren Wipper,Recording Secretary
Debbie Huebner
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
The Pledge of Allegiance was recited.
3. Consider Council Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 4-0.
4. Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER
GUMPHREY TO APPROVE THE FOLLOWING CONSENT AGENDA:
4.1 SEPTEMBER 4,2012,JOINT HRA/CITY COUNCIL.
4.2 OCTOBER 8,2012,WORK SESSION.
4.3 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.4 RIVER LINE ABANDONMENT.
MOTION CARRIED 4-0.
5. Open Forum
No one appeared for open forum.
6.1 Awards/Recognitions
There were no items.
7. Public Hearings
There were no public hearings.
8.1 Bailey Point Purchase
City Administrator presented the staff report. Mr.Portner explained that the Council is asked to
authorize execution of the purchase agreement,DNR Funding Grant,amended driveway easement,
and access agreement for purchasing the parcel known as Bailey Point. In addition,the resolution
states that the acquisition of the property has no impact on the City's Comprehensive Plan.
Mayor Dietz and Councilmember Zerwas raised questions regarding whether or not fishing would be
permitted. Mr.Portner stated the agreement allows a fishing pier and a canoe/kayaking landing.
MOVED BY COUNCILMEMBER WESTGARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE RESOLUTION 12-58,WHICH STATES
THAT THE ACQUISTION OF THE BAILEY POINT PROPERTY HAS NO IMPACT
ON THE COMPREHENSIVE PLAN.MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COMMISSIONER
WESTGAARD AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS TO PURCHASE BAILEY POINT. MOTION CARRIED 4-
0.
8.2 Discuss Work Session Agendas
Mr. Portner presented the staff report. One change was noted;the tentative agenda items are quiet
zones and special event fees.
9. Announcements
There were no announcements.
10. Interviews—Community Operations Development Director
Iterviews with Planning Manager Jeremy Barnhart and Suzanne Fischer were conducted at this time
for the position of Community Development and Operations Director.
11. Recess to Closed Worksession
The purpose of the closed meeting was to discuss Labor Negotiation Strategy Related to
Negotiations with LELS Local 231 and Local 271.
12. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at
10:10 p.m.
Minutes Prepared by Debbie Huebner.
John J. Dietz,Mayor
Tina Allard,City Clerk