4.1. DRAFT MINUTES (7 SETS) 09-02-2014 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, July 21, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Deputy Director Manager Jeremy Barnhart, Finance
Director Tim Simon, Fire Chief John Cunningham,Park
Planner/Planner Chris Leeseberg,Building Maintenance Supervisor,
Gary Lore,IT Manager Bob Pearson,IT Support Specialist Tristan
Nicka, City Attorney Peter Beck, and Administrative
Assistant/Recording Secretary Jennifer Johnson
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 6:38 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 07/21/2014 Agenda
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the July 21, 2014, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the following consent agenda:
4.1 July 7, 2014, Regular Council Minutes.
4.2 Check register as outlined in the staff report.
4.3 Massage Establishment License granted to Life's Retreat Massage and
Spa, Inc., 570 Dodge Avenue NW,valid until December 31, 2014, and
Massage Therapist Licenses for Kayla Brown, Tara Gardner, Alythia
Sully, and Dawn VantHof to perform massage at Life's Retreat
Massage and Spa, Inc., valid until December 31, 2014.
4.4 Resolution 14-34 Regarding Classification of Certain Tax
Forfeited Land Within Elk River and Specifying the Parcel Be Sold as
outlined in the staff report.
City Council Minutes Page 2
July 21,2014
4.5 Special Event Permit for River of Life Church for their church picnic
and community information event permit on Saturday,August 23,
2014, with the following conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of property owners to
notify. The event planner must submit an affidavit that the notice
was distributed.
2. Inspection of the outside area shall take place prior to the event
where there is a tent. Applicant is responsible for contacting the
fire marshal at 763.635.1110 for an inspection after the tent area has
been set up.
3. Event parking may not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
4. If traffic becomes a problem around the temporary site, the area
shall be delineated with a barrier to restrict traffic.
5. No electrical services shall be across any drive of walking surface.
6. All temporary signs shall receive a permit prior to display.
4.6 Call Special Meeting for 6:00 p.m., Monday August 11, 2014, to hold a
special City Council budget work session.
4.7 Resolution 14-35 Acknowledging Contributions to Police
Department as outlined in the staff report.
4.8 Resolution 14-36 Rejecting Bids and Ordering Re-Advertisement
of Bids for Nature's Edge Business Center Phase II as outlined in the
staff report.
4.9 Resolution 14-37 Acknowledging Contributions from the
Friends of the Library as outlined in the staff report.
4.10 Resolution 14-38 Amending the 2014 Compensation Plan for Non-
Organized Employees as outlined in the staff report.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Bernice Lawson as
Volunteer of the Month for July. He noted the following volunteering
accomplishments:
• Faith in Action volunteer
• Family Promise Program volunteer
• United Methodist Church volunteer
• District social action representative of her church
• Previous volunteer with Rivers of Hope,VISTA, and the Pioneer Girls
• Attendee of caucuses to help write resolutions against domestic violence
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City Council Minutes Page 3
July 21,2014
6.2 Distinguished Budget Presentation Award for 2014
Mr. Simon presented the staff report.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to accept The Distinguished Budget Presentation Award from the
Government Finance Officers Association (GFOA) for the city's 2014 budget.
Motion carried 5-0.
7.1 Ordinance Amendment: 2014 Master Fee Schedule to Add Fats, Oils,
and Grease Control Enforcement Tier Levels
Ms. Fischer presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak on the item,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt Ordinance 14-07 amending the 2014 Master Fee Schedule to
add the following fats, oils, and grease control enforcement tier levels.
Motion carried 5-0.
7.2 Ordinance Amendment: City of Elk River Regarding Pools and Fences
Mr. Leeseberg presented the staff report.
Councilmember Motin moved to approve an ordinance amendment for
section 30-796 Regarding Pools and Fences; motion died for lack of a second.
Mayor Dietz opened the public hearing. There being no one to speak on the item,
Mayor Dietz closed the public hearing.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to adopt ordinance 14-08 Section 30-796, fences visibility at
Intersections and driveways.
Motion carried 5-0.
7.3 Interim Use Permit Extension: Spectrum School for Wrestling Facility
Located in Business Park Zoning District
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak on the item,
Mayor Dietz closed the public hearing.
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July 21,2014
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve Interim Use Permit (IUP), Case No. CU 14-14 extending request
by Spectrum High School to utilize the space at 17834 Industrial Circle for
wrestling and fitness classes in the Business Park Zoning District, with the
following conditions:
1. The IUP shall expire on June 1, 2015, or when the gym facility at 17834
Industrial Circle is no longer in use, whichever occurs first.
2. Additional extensions to the IUP will not be granted.
3. As an IUP is not a Building Permit, the applicant shall obtain all
required permits, including approvals from the fire chief, city engineer
and building official.
4. The standards for issuance of the Conditional Use Permit (CU 10-22)
shall continue to be maintained.
5. Due to the industrial nature of the neighborhood, the school
recognizes that noise, odors, truck traffic, and other undesirable effects
may be present.
Motion carried 5-0.
7.4 Three Lot Split: Horst Graser, Carla Biederman in Kliever Lake Fields
East Plat
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. Horst Graser, owner, explained the reasons
behind the lot splits. There being no one else to speak on the matter,Mayor Dietz
closed the public hearing.
Councilmember Motin expressed concerns with the effect this lot split would have
on the amount of association dues collected and its effect on the viability to the
current unit owners.
Mr. Graser stated the association's secretary, along with the association attorney and
current association property owners are exploring the possibility of joining an
adjacent property development to create one larger homeowners association and
thereby increasing their viability.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve Lot Split, Case No. LS14-02 to Horst Graser and Carla
Biederman for Lot 7, Block 1 in the Kliever Lake Fields East Plat as outlined
in the staff report.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve Lot Split, Case No. LS 14-03 to Horst Graser and Carla
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July 21,2014
Biederman for Lot 21, Block 2 in the Kliever Lake Fields East Plat as outlined
in the staff report.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve Lot Split, Case No. LS 14-04 to Horst Graser and Carla
Biederman for Lot 23, Block 1 in the Kliever Lake Fields East Plat as outlined
in the staff report.
Motion carried 5-0.
7.5 Preliminary Plat: Douglas Warneke for DHJ Plat
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak on the item,
Mayor Dietz closed the public hearing.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve Preliminary Plat, Case No. P 14-03 to Douglas Warneke
for DHJ Plat, Case No. P 14-03, with the following conditions:
1. Surface Water Management Fee, one (1) lot at the rate applicable at the
time of Final Plat approval.
2. All appropriate grading permits must be obtained prior to
commencing work on the site.
3. Grading and Erosion Control Plan be submitted and approved by the
city engineer prior to the issuance of building permits.
4. Water Availability Charge be paid prior to releasing the plat for
recording.
5. Park Dedication shall be provided in the form of cash for one (1) lot at
the rate applicable at the time of Final Plat approval.
6. Any item or condition found that indicates the site is likely to yield
information important to pre-history 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.
7. Service Connection Plan approved by city engineer.
Motion carried 5-0.
8.1 Resolution Awarding Sale of General Obligation Sewer Revenue
Bonds, Series 2014B
Mr. Simon presented the staff report. He introduced Kathy Aho from Springsted,
who outlined the findings of the recent Standard&Poor's (S&P) affirmed rating of
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July 21,2014
the city at AA+. She noted the visiting members of S&P stated they were very
impressed with the city and especially with its financial management.
She provided the results of the sale of the General Obligation Sewer Revenue Bonds,
Series 2014B for the wastewater expansion project.The winning bid was from FTN
Financial Capital Markets with a True Interest Cost of 2.96%, and provided some
details about FTN as a strong bidder.
Councilmember Motin asked if Ms.Aho could provide the cost savings to the city if
you would base the interest rate upon the bond rating from years ago.
Ms. Aho stated the rate itself would be 50-60 basis points higher,with an
approximate $700,000 interest cost on this bond sale alone,noting how important
bond ratings are and their direct benefit to the city.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
adopt Resolution 14-39 awarding the sale of$10,000,000 City of Elk River,
Minnesota General Obligation Sewer Revenue Bonds, Series 2014B; fixing
their form and specifications; directing their execution and delivery; and
providing for their payment as outlined in the staff report.
Motion 5-0.
8.2 Energy City Commission Action Plan
Ms. Mroz presented the staff report.
Earlier in the evening,the Economic Development Authority approved the Energy
City Commission 2024 10—year Action Plan with a few revisions to the plan
presented in the staff report:
1) The Action Plan will be reviewed annually instead of biennially.
2) Item A9 should read "Contract with a bike share business..."
3) Item B3 should read"Provide training to 10 businesses owners and
employees) annually on reducing environmental impacts.
Moved by Councilmember Burandt and seconded by Councilmember Motin
to approve the Energy City Commission Action Plan as presented in the staff
report with the above-noted changes. Motion carried 5-0.
8.3 City Beautification Update
Mr. Barnhart presented the staff report.
Councilmember Motin asked if the trees needing replacement on Main Street were
all trees on city property.
Mr. Barnhart stated the trees on Main Street were on city property.
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July 21,2014
It was the consensus of the Council to allow for downtown tree replacements as
budgets allow.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
authorize staff to go out for bids to install irrigation in the medians of Twin
Lakes Road between 171"Avenue and 181"Avenue, as outlined in the staff
report.
Motion carried 5-0.
Mayor Dietz asked the status of the wayfinding project,when the Council would be
taking action on its final report, and who would be responsible for creating the new
signage.
Mr. Portner stated the consultant is completing the wayfinding project
comprehensive plan and would present this plan to the Council in late August or
early September. He stated the signs would be either manufactured in-house or
completed by outside sources depending upon the number of signs required, the
cost, the type of sign (monument, directional, etc.), and time requirements.
8.4 Annual Renewal for Property and Casualty Insurance
Mr. Simon presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the annual renewal for Property and Casualty Insurance
with the League of Minnesota Insurance Trust with a deductible level of
$25,000/$75,000/$1,000 as outlined in the staff report.
Motion carried 5-0.
8.5 Position Description for Stormwater Coordinator
Ms. Fischer presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the position description for the stormwater coordinator.
Motion carried 5-0.
Council recessed at 7:23 p.m. in order to go into a worksession meeting. The meeting
reconvened at 7:29 p.m.
9.1 Houlton Farm Grant Opportunity
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City Council Minutes Page 8
July 21,2014
Mr. Portner presented the staff report. He introduced Bob McGillivray, Project
Manager for The Trust for Public Land, Steve Hobbs, Project Director for The
Conservation Fund,and Jeff Dotseth,realtor representing the Houlton family. Mr.
Portner explained another grant opportunity has become available through
Minnesota Outdoor Heritage Fund to assist in the city's purchase of the Houlton
family farm property.
Mr. McGillivray provided a brief overview of The Trust for Public Land and
presented an opportunity for The Trust to seek approval to purchase the Houlton
farm and donate it to the city. He stated the The Trust has capital acquisition funds
available to purchase this property due to another project that fell through,but
because the Houlton farm property is not currently on their acquisition list, the city's
request must be reviewed and recommended for approval to the state legislature by
the Lessard—Sams Outdoor Heritage Council (L-SOHC). The presentation of the
application and letter of support of the Council would be August 5.
Because this fund is earmarked specifically for protecting and improving wildlife
habitats,the city's original intent for use of this farm property would need to be
modified to the use of the land would be as a habitat and conservation area. The city
would incur incidental costs for removal of the buildings currently located on the
property and no further buildings would be allowed to be constructed. Areas of the
land would be used as passive park land. He stated grants are available to assist with
maintaining the land but overall the costs associated with keeping the land as natural
park land would be low. Mr. McGillivray requested the Council provide their
feedback on this course if a consensus to move forward with this type of funding
request could be made.
Mr. McGillivray explained the land's use and its restrictions under the deed
restrictions. He noted Anoka County has experience with a similar grant opportunity
in 2009 and used this resource to purchase property which is currently in use as
hunting and passive park land. He provided several handouts of the Anoka County
property as examples in showing their public hunting areas and restrictions.
Mayor Dietz was concerned with the hunting proposed on the property and the
safety of people near and on the property. He also expressed concerns with future
property maintenance costs.
Mr. McGillivray stated if the city moves ahead with the proposed grant opportunity,
the city would work closely with the Minnesota Department of Natural Resources
(DNR) to follow current statutes already in place and draw up specific regulations to
ensure hunting on the land would be safe and proper signage would be placed,
making visitors aware of the land's use.
Mr. Beck asked questions regarding the grant agreement and its conditions regarding
building removal,hunting, and deed restrictions.
Councilmember Motin stated this was a unique opportunity. He was also concerned
for hunting and safety of residents living nearby and wanted hunting restricted to
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City Council Minutes Page 9
July 21,2014
maintain safety. He wanted the property to be accessed by all, not just hunters. He
wasn't concerned with not having buildings and requested that signage be allowed
for historical significance of the site. He wished to phase out the farming process
that currently took place on the land. Councilmember Motin was in favor of moving
forward with this grant application.
Councilmember Wilson was also in favor of moving forward and was pleased the
city was presented with another opportunity to gain control of the property. He
wasn't too concerned with the proposed property being used as hunting land. He
was in favor of returning the property currently being farmed into prairie land. He
felt the land could be used for several purposes and not just hunting.
Councilmember Westgaard wanted to move forward to ensure securing this parcel of
land, but stated he felt uncomfortable with the short timeframe to review the deed
restrictions. He stated the city would have to be comfortable with the DNR's
regulations on hunting on the land. He wasn't too concerned with not having trails
and buildings.
Mr. McGillivray noted Anoka County took several years to work through their land
acquisition hunting regulations.
Dave Anderson,Parks and Recreation Commissioner,was present and commented
that Anoka County was challenged by some of the same things Elk River will be
facing if moving forward with this grant opportunity. He noted Anoka County had
nothing but good things to say about their land acquisition process. Mr. Anderson
stated the opportunity to secure this land is a once in forever opportunity.
Councilmember Burandt agreed with Mr. Anderson's statement about it being a
once in forever opportunity. She felt it to be very feasible to work with the DNR and
also expressed her concerns with safety. She doesn't want to see this land be
developed but kept as a wildlife habitat.
Mayor Dietz stated his reservations with moving this forward too quickly and agreed
with Mr. Beck's concerns. He stated he didn't envision this land to be used this way
but felt if the majority of the Council wished to proceed, he would agree to proceed.
Mr. McGillivray stated a letter of intent from the city to acquire and maintain the
Houlton farm property for the purpose of a natural habitat and hunting area would
have to be approved by the Council.
Mr. Portner stated the draft letter would have to come before the Council for
approval at their next scheduled meeting,which would be August 4.
Mr. McGillivray stated this letter would then need to be brought to the August 5
meeting with L-SOHC.
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City Council Minutes Page 10
July 21,2014
It was the consensus of the Council to draft a letter in support of an application to
request the Minnesota Outdoor Heritage Fund purchase the Houlton farm property
on behalf of the City of Elk River.
9.2 2015 Budget
Mr. Simon presented the staff report.Various departments presented their budgets.
Mr. Simon discussed the tax rate calculation and personnel requests. He discussed
the capital outlay requests and the requested budget analysis snapshot for the
General Fund.
8. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:46 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,Mayor
Tina Allard, City Clerk
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City of
Elk ----- Closed Meeting of the Elk River City Council
luver Held at the Elk River City Hall
Monday, August 4, 2014
Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard,and Motin
Members Absent: Councilmember Burandt
Staff Present: City Administrator Calvin Portner,Human Resources Representative
Lauren Wipper, City Attorney Peter Beck, COD Director Suzanne Fischer,
Street Superintendent Mark Thompson,and Streets Lead Maintenance
Operator Chris Teff
I. Call Meeting To Order
Pursuant to due call and notice thereo eeting of the Elk Riv Council was called
to order at 6:00 p.m.by Mayor Dietz.
2. Closed Meeting— City Employee Performance Review
The purpose of the closed me�ting!was to evaluate the performance of Street Maintenance
Division Laborer Matthew Miske per MN Statute 13D.05,Subdivision 3.
Streets Maintenance Operator 2 Mike Zappa, Streets Maintenance Operator 2 Perry Milless,
Frank Miske IV,Frank Miske III,and Street Maintenance Division Laborer Matthew Miske
provided testimony regarding the work performance of Matthew Miske.
3. Adjournment'`
There being no further business,at 7:40 p.m.,Mayor Dietz adjourned and continued the
meeting of the Elk River City Council to August 18,2014.
John J.Dietz,May
Tina Allard,City Clerk
VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 4, 2014
Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard, and Motin
Members Absent: Councilmember Burandt
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon, City Attorney Peter Beck, and City Clerk Tina Allard
I. Call Meeting to Order 4M
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 7:43 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
SummaiX ofAugust 4, 2094 Closed Meeting-for Peifoi-nance Evaluation
Mayor Dietz stated prior to this meeting Council held a closed meeting to discuss the
performance evaluation for Public Works Department Laborer Matthew Miske. He
stated the closed meeting was continued to August 18 2014.
3. Consider 08/04/2014 Agenda 'T
Moved by Councilmember Westgaard and seconded by Councilmember
Amotin to approve the August 4, 2014, agenda. Motion carried 4-0.
4. Consider Consent Agenda
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve the following consent agenda:
4.1 Check register as outlined in the staff report.
4.2 Massage therapist license to Angella Hoglund to work at Life's Retreat
Massage and Spa, valid through December 31, 2014.
4.3 Resolution 14-40 acknowledging contributions to the Elk River Fire
Department.
4.4 A. Special event permit to Elk River Youth Volleyball for a 5K
scheduled Saturday, September 6, 2014, subject to the following
conditions:
1. The event planner is required to notify surrounding
businesses, residents, and organizations. The city will
provide a template of the notice that must be distributed.
City Council Minutes Page 2
August 4,2014
The city will also provide a list of the properties to be
notified. The event planner must submit an affidavit that
the notice was distributed.
2. Applicant shall be responsible for garbage clean up
immediately following the event.
3. No paint allowed anywhere on trails. Chalk or cones may be
used.
4. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least three weeks prior to arrange for police
services.
5. All dogs must be leashed according to city code.
B. Special event permit and temporary on-sale liquor license to the
Church of Saint Andrew for Sunday, September 21, 2014, subject
to the following conditions:
1. The event planner is required to notify surrounding
businesses, residents, and organizations. The city will
provide a template of the notice that must be distributed.
The city will also provide a list of the properties to be
notified. The event planner must submit an affidavit that
the notice was distributed.
2. Inspection of the outside area shall take place prior to the
event when there is a tent. Applicant must contact the fire
marshal at 763.635.1110 for an inspection after the tent area
has been set up.
3. Event parking may not obstruct public roadways or render
them unsafe for vehicle or pedestrian traffic.
4. If traffic becomes a problem around the temporary site, the
area shall be delineated with a barrier to restrict traffic.
5. No electrical services shall be across any drive or walking
surface.
6. All temporary signs shall receive a permit prior to display.
7. Alcohol must be limited to an area enclosed with a fence
with secure, controlled access.
4.5 A letter indicating City of Elk River intent to acquire the Houlton
Farm property for the purpose of a natural habitat and hunting area.
Motion carried 4-0.
S. Open Forum
No one appeared for Open Forum.
6 Presentations, Awards, and Recognition
No items for this meeting.
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August 4,2014
7.1 Public Hearings
No items for this meeting.
8.1 Library Facility Grounds Improvements
Mr. Simon presented the staff report.
Councilmember Motin questioned the work needed for the book drop lane.
Library Board Member Jayne Dietz stated the lane had been widened but needs to be
wider because vehicles are driving over the plantings in the area.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve quote from Great Northern Landscapes, Inc. for Library
facility grounds improvements. Motion carried 4-0.
8.2 Discuss Work Session Items
Mr. Portner presented the staff report.
Mayor Dietz stated he told Sherburne County Commissioner Bruce Anderson the
Council would discuss ditches by the end of September. He further questioned when
garage sale signs would be discussed.
Mr. Portner noted signs could be discussed in September.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
Annexation
Mayor Dietz stated he received calls from concerned citizens regarding comments
Councilmember Motin made at a candidate forum about annexation.
Councilmember Motin stated a few years ago he was directed by the City Council to
visit Livonia Township and discuss annexation. He further stated the Citizen
Advisory Plan Committee discussed potential annexation of Big Lake Township
because there were requests by those residents a few years back. He commented that
the state is trying to reduce the number of municipalities in Minnesota whereby
townships would become part of cities in some way. He noted there is language in
the Comprehensive Plan regarding annexation and for the Council to have a
discussion of whether it would make sense and 14. He stated the City of Big Lake
has been annexing Big Lake Township and questioned if there should be discussion
for the Elk River boundary to border along County Roads 14 or 15. He stated
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August 4,2014
annexation was mentioned as a subject for initial discussion only and not considered
to be forced upon Big Lake Township. He further noted it is in the Comprehensive
Plan.
Council recessed at 8:00 p.m. in order to go into a worksession meeting. The meeting
reconvened at 8:05 p.m.
10.1 Arena Commission Interview
Council interviewed Mr. Balabon.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to appoint Brian Balabon to the Arena Commission with a term to
expire February 28, 2017. Motion carried 4-0.
10.2 Chamber of Commerce Lease Renewal
Mr. Portner presented the staff report.
Council consensus was to move forward with staff s recommendation in the staff
report.
10.3 Houlton Farm Deferred Assessments
Mr. Portner presented the staff report.
Council expressed concerns with the following
• Insurance indemnity
• Not including a sunset date in the letter
Council made no changes to the letters. It was noted the city could terminate the
agricultural lease at any time.
10.4 2015 Budget
Mr. Portner gave a PowerPoint presentation. He stated staff already worked on
removing approximately$320,000 from the 2015 proposed budget. He discussed
budget history,its steady trend upwards,the loss of Local Government Aid, Cost of
Living Index, and tax levy history. He noted on average a homeowner pays about
$90 per month for city services and half of that was for police and fire services. He
stated the levy charged to citizens fluctuates over time due to various factors and is
out of the control of the city. He stated the city will have to reduce the levy by
several percentages if the goal of Council is to reduce the amount of taxes on
property owners as value goes up and down every year. Every year values change due
to market and improvements and residential change may not match commercial
industrial changes. He further stated the Comparable Worth Plan needs an update
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August 4,2014
and noted some positions are difficult to hire so the city needs a market study to
validate pay ranges are appropriate.
Portner stated he is presenting his budget and would like Council buy in. He stated
staff and Council need to work together to come up with a budget that works if
there is not agreement on budget numbers.
Mr. Portner stated he is looking for direction from the Council for the following.
• Funding of storm water mandates
• Programs and services to cut if the budget is to be reduced further
Departments presented their 2015 budget proposals.
II. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:37 p.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
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City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 11, 2014
Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard, and Motin
Members Absent: Councilmember Burandt
Staff Present: City Administrator Calvin Portner, Police Chief Brad Rolfe, Police
Captains Bob Kluntz and Ron Nierenhausen,Finance Director Tim
Simon, Community Operations and Development Director Suzanne
Fisher, Fire Chief John Cunningham, City Engineer Justin Femrite,
Wastewater Treatment Opera lYlatt tevens,and City Clerk Tina
Allard
I. Call Meeting to Order
Pursuant to due call and notice therel—e pec ial meeting of th River City
Council was called to order at 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3.1 20 15 Budget,,
Mr. Simon presented the staff report."s,
Various..departments presented their budgets.
Drug Task Force O
cer r Position
Chief Rolfe introduced Sherburne County employees Chief Deputy Don Starry,
Captain Scott Fildes, and Sergeant Ben Zawacki.
Chief Rolfe outlined the following reasons why he felt the need for a drug task force
officer:
• pooling of resources
• Elk River is a hub location
• County task force crosses into all communities in the county
Councilmember Motin stated the task force position is important but felt
communities throughout the county should also be asked to pay their fair share.
Sgt. Zawacki compared statistics on drug crime in the various Sherburne County
communities as shown in his PowerPoint presentation. He noted the low crime rates
City Council Minutes Page 2
August 11,2014
in these other communities as compared to Elk River. Sgt. Zawacki further reviewed
the following:
• Location/population/highways
• Overdose deaths
• Benefits of partnership
• Past concerns of the Council
Councilmember Motin liked idea of one of switching out Elk River patrol officers
because they would have the hometown knowledge,and the three-year rotation on
the task force would keep the officers experiences/knowledge in the community.
Councilmember Westgaard noted it would make more sense to work with the county
drug task force rather than the city having only one police employee working drug
operations.
Mayor Dietz agreed the city need to have the drug task force officer position. He
noted most of the projected 2015 budget increase ($350,000 of the $400,000) is from
the police department and questioned if anything could be cut or if additional
revenue could be raised.
Chief Rolfe stated most of the budget goes to personnel services and he had no
suggestions for cuts if the Council wants to maintain the same level of service.
Mayor Dietz further stated it is good news the Council can sell the budget to people
better when they can say three-fourths of the budget increase is due to the police
department.
Police Public Employee Retirement Association (PERA)Discussion
Mr. Simon discussed the State increase of the PERA contribution for police.
Mr. Portner stated PERA retirement changes in state law are putting pressure on
policing services throughout the state.
Chief Rolfe stated the change is speeding up retirement of officers throughout the
state. He stated officers who retire at age 50 before they reach full pension are going
to incur a significant penalty on their pension at age 55 so many of them retired to
beat the law before it took effect.
Captain Nierenhausen stated a lot of police departments are starting to feel the
crunch due to the retirements. He stated now that the new PERA law is in effect,
there will be a trend for police officers to stay at a job longer,which can have the
residual to the city. He stated with the rash of officer retirements in other
communities there is much more competition to get good, quality candidates to fill
positions. He stated metro area cities are hiring in advance knowing they have a
certain number of vacancies to fill in the future,which causes more difficulty for Elk
River to get good quality candidates.
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City Council Minutes Page 3
August 11,2014
Mr. Portner stated another concern with police department's cherry-picking other
police departments looking for quality candidates.
Chief Rolfe stated he is more concerned with the aging demographics of the Elk
River Police Department and the number of retirements that could occur in the near
future. He noted the average age of Elk River officers is over 40.
Councilmember Motin commented the city may want to begin the hiring process this
year to fill the patrol officer position,in order to get a quality candidate,if the
Council plans to keep the drug taskforce officer in the budget.
Equipment Replacement Budget
Ms. Fischer noted not everything requested by departments is included in the 2015
proposed equipment replacement budget,noting about $200,000 was cut by the
Fleet Committee.
Chief Cunningham explained the need for the rehab trailer onsite during fires.
Mr. Stevens discussed replacement and trade-in of the jet vac truck.
Mr. Simon suggested Council consider advertising and purchasing the truck in
December in order to get it at lower cost.
Council consensus was for staff to move forward with getting quotes for the jet vac
truck later this year on the consent agenda since this is an enterprise fund and the
project was anticipated in the capital plan.
Surface mater Management Program
Mr. Femrite discussed the surface water management and stated he needs Council
direction regarding funding for the program.
Mayor Dietz questioned how much of the program funding is mandated for each
year.
Mr. Femrite stated ponds are becoming more challenging because they contain high
levels of certain contaminates and the dredging material is required to be landfilled.
He stated the city is looking at dredging only three ponds in 2015 and has over 371
ponds to go that need this work. He stated the city needs to get on a proactive
schedule. He stated the MPCA must see continued progress from the city.
Mayor Dietz questioned how other cities are paying for this program.
Mr. Femrite stated most cities are handling it through a utility fee and he outlined
some of the surrounding communities funding. He noted that some General Fund
expenditures should be transferred out to fit more appropriately into this programs
budget. He noted the program would cost between $500,000-600,000 a year.
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City Council Minutes Page 4
August 11,2014
Councilmember Westgaard questioned why the city would transfer some of its
personal services into this program.
Mr. Simon stated you would want the stormwater utility,if set up to be all-inclusive
of the operating costs for the program, similar to other enterprise funds. Enterprise
funds function like business-type activities and support all associated costs.
Mr. Portner stated there would be a public education campaign similar to the
franchise fee program and the city can show the levy will be reduced.
Councilmember Westgaard preferred the levy increase so it would be transparent.
Councilmember Westgaard suggested adding the additional costs of the surface
water management program to the General Fund. He thought there may be less
kickback because there would be more complaints with another fee being imposed.
He expressed concerns with trying to explain that the General Fund will go down,
but people aren't really saving anything because they are being charged another utility
fee.
Mr. Simon stated there would be more transparency with keeping the funding all in
one fund.
Mr. Portner stated the difference is that people who are contributing to the
stormwater issues are paying for it,whereas in the general fund tax people pay based
upon the value of their property. He stated there would be more equity to the utility
fee.
Councilmember Motin questioned if the fee will be based on impervious surface
square footage.
Mr. Femrite stated this option was in the 2012 study recommendation but the city
could look at other options.
Mayor Dietz stated he understands the rationale and that the program is mandated
by the state,but this utility fee will be a difficult sell to the public, comparing it to the
franchise fee benefit.
Mr. Femrite stated the fee has its pros and cons but it is fairer and the city can collect
from schools, churches, etc. (big users who are not taxpayers). He noted that the
City of Rogers has a utility fee so in essence, Elk River taxpayers are paying for
Rogers' stormwater through school district taxes.
Councilmember Wilson stated there are environmental reasons the program is
mandated and the city wants to keep clean water.
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City Council Minutes Page 5
August 11,2014
Mr. Portner stated a decision is needed prior to setting the levy on September 15.
Mr. Portner noted the cost of program,across the board,will be more expensive for
homeowners as a property tax than a utility fee.
Staff was directed to come back with proposed fee options and total funding costs.
4. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:18 p.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
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VA
City of
Elk Meeting of the Elk River City Council
River Acting as the Canvassing Board
for the City of Elk River
Held at Elk River City Hall
Friday, August 15, 2014
Members Present: Acting Mayor Wilson, Councilmembers Burandt,Westgaard, and
Motin
Members Absent: Mayor Dietz
Staff Present: City Clerk Tina Allard
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 8:00 a.m. by Acting Mayor Wilson.
2. Canvass Results of August 12, 2014 Primary Election
Oath of Office
The oath of office was taken be all members presen
Canvass Retunis and Declare Results'
Ms. Allard presented the staff report.
Moved by Councilmember Westgaar`"` and seconded by Councilmember
Burandt to adopt resolution 14-41 canvassing election returns and declaring
the results of the city primary election held August 12, 2014. Motion carried 4-
0.
3 Adjournmen`
There being no further business,Acting Mayor Wilson adjourned the meeting of the
Canvassing Board at 8:03 a.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
City of
EILk ,, Reconvene Closed Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 18, 2014
Members Present: Mayor Dietz, Councilmembers Wilson,Westgaard,Burandt, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner,Human Resources Representative
Lauren'Nipper, City Attorney Peter Beck, COD Director Suzanne Fischer,
Street Superintendent Mark Thompson, and Streets Lead Maintenance
Operator Chris Teff
I. Call Meeting To Order
Pursuant to due call and notice thereof,4#in'me etg of the Elk River"pity Council was
reconvened at 5:59 p.m. by Mayor Dietz.
2. Closed Meeting— City Employee Performance Review
The purpose of this reconvened closed meeting was to continue to evaluate the performance
of Street Maintenance Division Laborer Matthew Miske per MN Statute 13D.05,
Subdivision 3.
3. Adjournment'"
There being no further buSI ss,Mayor Dietz adjourned the meeting of the Elk River City
Council at 6:49 p.rxa.
John J. Dietz, at
Tina Allard,City Clef
VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, August 18, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Deputy Director Manager Jeremy Barnhart,
Wastewater Treatment Chief Operator Matt Stevens, Finance
Director Tim Simon,Police Chief Bradley Rolfe, Street
Superintendent Mark Thompson, Parks and Recreation Director
Michael Hecker, Recreation Manager Steve Benoit,Ice Arena
Manager Rich Czech,Park Planner Chris Leeseberg,Planner I Zack
Carlson, City Attorney Peter Beck, and Executive Secretary/Deputy
City Clerk Jessica Miller
Call Meeting to %%,
Pursuant to due call and notice thereof,the meeting of the Elk River City Council
was called to order at 6:53 p.m. by Mayor Dietz. ,
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 08 /18/2014 Agenda
The following changes were made:
• Item 8.2 Emergency Action Plan Update was removed.
• Termination of Street Laborer Matthew Miske was added to the consent
agenda as item 4.8.
• Councilmember Motin added item 8.4 Drug Task Force Detective approval.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the August 18, 2014, agenda as amended. Motion
carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the following consent agenda:
4.1 Check register as outlined in the staff report.
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August 18,2014
4.2 Resolution 14-42 Amending Agreement 14-07 between the City of Elk
River and the Tri-County Action Program, Inc.
4.3 Bailey Point Nature Preserve parking lot as outlined in the staff report.
4.4 Special Event Permit for the Elk River High School Homecoming
Parade on Friday, September 19, 2014, with the following conditions:
1. The event planner is required to notify all property owners abutting
the parade route. The city will provide a template of the notice that
must be distributed. The city will also provide a list of the
properties to be notified. The event planner must submit an
affidavit that the notice was distributed.
2. Garbage clean-up shall be completed immediately following the
parade.
3. Signs shall be installed at the following locations no later than
September 12, 2014.
• School Street 50-feet west of Freeport Street (alerting
westbound traffic)
• School Street 100-feet east of Proctor Avenue (alerting
eastbound traffic)
• Jackson Avenue at 7th Street (alerting northbound traffic)
• Jackson Avenue at the north high school parking lot
entrance (alerting southbound traffic)
The signs shall state:
School Street Closed
4:00 p.m. —6:00 p.m.
Friday, Sept. 19
Parade
Upon completion of the parade, all signs shall be immediately
removed. The sign sheeting shall be orange with black lettering,
reflective, and mounted on a 3000 aluminum plate. The signs shall
be mounted on a Type 3 barricade, or approved equal. The
barricades shall be secured with sandbags or tied to an existing
pole to prevent them from being removed or tipped over.
4. Police and reserve support will be provided for traffic control.
5. Candy may be handed out at the parade but is not allowed to be
thrown from moving objects.
4.5 Resolution 14-43 Rejecting Bids in the Matter of the Twin Lakes Road
Irrigation Project.
4.6 Call Special Meeting for 6:00 p.m., Monday, September 8, 2014.
4.7 Hire Aaron Surratt as Deputy Chief of Operations for the Fire
Department effective September 2, 2014.
4.8 Terminate Street Laborer Matthew Miske due to performance issues.
Motion carried 4-1. Mayor Dietz opposed 4.8.
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August 18,2014
S. Open Forum
Deneane Erickson, 19011 Pascal Street—stated she is representing the Pascal
Street neighborhood regarding concerns about 19055 Pascal Street. Ms. Erickson
distributed a letter and outlined the criminal history of the home in the last 16
months. She explained the home is now abandoned with no running water, septic, or
electric;however,there appears to be squatters at the property. She asked that the
city enforce the ordinances in place immediately to clean up this property.
Rudy Buttweiler, 10680 184`h Avenue—expressed concerns about crime in the
Trott Brook neighborhood. The Mayor asked Mr. Buttweiler to obtain addresses of
properties in question and provide that information to city staff.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Norma Belanger, on behalf
of her late husband Tony Belanger,Volunteer of the Month for August. He noted
Mr. Belanger was a 33 year member of the American Legion Post 112 Honor Guard
and participated in many ceremonies in the community.
6.2 Resolution Acknowledging Contributions to Parks and Recreation for
Bailey Point Nature Preserve
Mr. Hecker presented the staff report. He stated a revised resolution has been
distributed including a $5,000 contribution received today from John Bailey.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt resolution 14-44 acknowledging contributions to the
Parks and Recreation Department. Motion carried 5-0.
7.1 Conditional Use Permit:Jenna Swedberg, Dawn of Discovery Daycare,
19280 Evans Street
Mr. Leeseberg 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.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve a Conditional Use Permit to Jenna Swedberg, Dawn of
Discovery Daycare, 19280 Evans Street, with the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant
must apply for and receive approval of required building and sign permits
before construction may begin.
2. The building shall meet all applicable building and fire codes.
3. Appropriate state licenses shall be maintained.
4. The facility shall not be licensed for more than 120 children.
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City Council Minutes Page 4
August 18,2014
5. If the facility is to be licensed for more than 120 children, an amendment
to the Conditional Use Permit is required.
Motion carried 5-0.
7.2 Meadow Creek Builders
I. Conditional Use Permit: Planned Unit Development
2. Ordinance: Zone Change from R3 Townhouse/Multi Family
Residential to Planned Unit Development
3. Resolution: Easement Vacation for Kliever Lake Fiends East 4`"
Addition
4. Preliminary Plat and Resolution Granting Final Plat for Kliever
Lake Fields 5`" Addition
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Tim Pomerleau,Meadow Creek Builders — disagreed with the condition requiring
him to repair the trail between 180,'Lane and Johnson Street. He believes repair of
the city's trail should be the city's responsibility.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Motin indicated he agrees repairing the trail should not be the
developer's responsibility and asked for that condition associated with the
Conditional Use Permit to be removed. Councilmember Westgaard concurred.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to approve a Conditional Use Permit to Meadow Creek Builders to
establish a Planned Unit Development with the following conditions:
1. Submittal of written confirmation that floor plans, building elevations, and
building materials are consistent with Kliever Lake Fields 4`h Addition.
2. Submittal of an updated landscape plan addressing staffs comments in the
letter dated July 16, 2014.
3. A PUD agreement shall be developed and signed by both parties prior to
issuance of a building permit.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt Ordinance 14-09 amending the City of Elk River Zoning Map
to rezone certain property from R3, Townhouse/Multiple Family Residential,
to PUD, Planned Unit Development.
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August 18,2014
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to adopt Resolution 14-45 Vacating a Drainage and Utility Easement,
Case No. EV 14-01.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve a preliminary plat and adopting Resolution 14-46 granting
final plat approval for Kliever Lake Fields 5`h Addition, Case No. P 14-07, with
the following conditions:
1. All necessary permits must be acquired before any work in the right-of-
way begins.
2. Extend the proposed drainage and utility agreements to a line equal to the
backside of the existing townhome lots.
3. Prepare a homeowners association agreement per Section 30-944 for
review and approval by the city attorney.
4. Submit a maintenance agreement, for city approval, outlining ownership
and maintenance responsibilities for the common areas.
5. Plat outlots A& B as parcels with lot and block designations.
6. All mailboxes be clustered.
7. Any item or condition found that indicates the site is likely to yield
information important to pre-history 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.
Motion carried 5-0.
7.3 Preliminary Plat of Nature's Edge Business Center Second 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 to the September 15, 2014, City Council
meeting.
7.4 Conditional Use Permit: Starbucks to Amend Planned Unit
Development Agreement Signage, 19171 Freeport Street
Mr. Leeseberg presented his staff report.
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City Council Minutes Page 6
August 18,2014
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to the September 2, 2014, City Council
meeting.
7.5 Preliminary Plat: Roger Derrick/Washington Street Investors, LLC for
West Oaks Fifth and Sixth Additions
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 the September 2, 2014, City Council
meeting.
8.1 Memorandum of Understanding for Landfill Leachate Treatment and
Biosolids Disposal
Mr. Stevens presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the Memorandum of Understanding with Waste
Management of Minnesota, Inc. detailing the steps necessary for treating
landfill leachate and disposing of biosolids.
Motion carried 5-0.
8.2 Emergency Action Plan Update
This item was removed because the fire chief was absent due to illness.
8.3 Resolution Relating to the Establishment of Parking Restrictions on
Industrial Circle
Mr. Portner indicated staff would like to explore a couple different options and bring
this item back at a future meeting.
8.4 Drug Task Force Detective
Councilmember Motin indicated the Council has discussed adding a Drug Task
Force detective at length and it appears there is consensus to move forward. He
explained that there is a need for this position and residents would like to know the
city is committed to hiring a detective.
Moved by Councilmember Motin to approve the Drug Task Force detective
position to be filled in 2015.
Councilmember Westgaard explained that he doesn't disagree with anything
Councilmember Motin outlined;however,he is hesitant about approving something
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City Council Minutes Page 7
August 18,2014
out of the budget without hearing a complete list of requests and budget figures. He
would like to discuss priorities and where the tax rate and general levy should be
before moving forward. Councilmember Burandt and Wilson and Mayor Dietz
concurred they would like to wait.
Motion died for lack of a second.
Council recessed at 7:38 in order to go into worksession. Council reconvened at 7:44 p.m.
9.1 2015 Budget
Mr. Simon presented the staff report.The Fire and Building Safety, Recreation,
Activity Center, and Ice Arena budgets were reviewed.
Council recessed at 8:41 p.m. Council reconvened at 8:44 p.m.
Mr. Simon stated the Enterprise Funds will be discussed on September 8.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:10 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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