4.1. DRAFT MINUTES (2 SETS) 07-20-2015
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, June 15, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, Planner I Zack
Carlton, Park Planner/Planner Chris Leeseberg, City Attorney Peter
Beck, Stormwater Coordinator Brandon Wisner, Environmental
Technician Kristin Mroz, Parks and Recreation Director Michael
Hecker, Ice Arena Manager Rich Czech, 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 6:25 p.m. by Mayor Dietz.
There was a moment of silence for Street Division Bob Mahutga.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 06/15/2015 Agenda
Ms. Allard noted two additions to the Consent Agenda:
4.12 Resolution Regarding Regional Status of Woodlands Park
4.13 Hold Harmless Agreement
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the February 17, 2015, agenda as amended. Motion carried
5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the following consent agenda:
4.1 June 1, 2015 regular minutes.
4.2 Check Register, check numbers 9805-9806 and 92394-92596 as outlined
in the staff report.
4.3 Pay estimates as outlined in the staff report.
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4.4 Temporary on-sale liquor license to the Elk River Rotary Club for
Taste of Elk River scheduled May 19, 2016.
4.5 Letter of intent to purchase real property located at intersection of
Highway 10 and Joplin Street and authorization to conduct an
appraisal of the property.
4.6 Resolution 15-28 authorizing a transfer from the Municipal Liquor
Fund to the Park Improvement Fund.
4.7 Agreement between the City of Elk River and the Elk River Youth
Lacrosse Association to donate $ 1, 505 to purchase an auxiliary tank
with attachments to paint athletic field lines.
Resolution 15-29 acknowledging contributions to the City of Elk River.
4.8 Two Memorandum of Understandings to amend the labor contract
between the City of Elk River and Law Enforcement Labor Services
#231 regarding sick leave and bereavement leave.
4.9 A pyrotechnic firework display license for Chuck FX, LLC to conduct
a pyrotechnic display from the Sherburne County Fairgrounds on
Friday, July 17, 2015, with the following conditions:
1.Applicant must contact the fire marshal at 763.238.3489 to schedule
pre- loading and post-loading inspections.
2.Fire watch shall be established per direction of the fire marshal.
3.Audience distance will be set onsite.
4.10 Renewal of On-Sale and Sunday Liquor Licenses for the American
Legion valid July 1, 2015, through June 30, 2016.
4.11 Expansion of the Metro Deer Management Zone 601 to encompass a
larger area of Elk River.
4.12 Resolution 15-30 supporting regional park designation application for
Woodland Trails Park in Greater Minnesota.
4.13 Indemnification and hold harmless agreement with Scott Morrell.
Motion carried 5-0.
5. Open Forum
Alex Bodnar, 3746 Orchard Avenue N., Robbinsdale - Asked for explanation of
Item 4.11 regarding the Metro Deer Management Expansion Zone 601 means.
Councilmember Westgaard stated it’s a letter to the Department of Natural
Resources asking them to consider expanding the management area to include more
of Elk River.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz introduced, read, and presented a plaque to Fal Sentryz, Volunteer of
the Month for June, who also turned 100 years old on June 14. He noted the
following volunteering accomplishment.
Help kids with speaking issues at Handke special education program.
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Member of the Country Crossing Townhome board of directors.
Stuff envelopes for Elk River Municipal Utilities.
Fundraising at Handke and Lincoln school.
Managed gift shop and assisted in kitchen at Guardian Angels.
Assisted with parish festival at St. Andrew's Catholic Church.
Served as an election judge.
Gave golf lessons to children at Pinewood Golf Course.
Served as a volunteer at the Elk River Library.
Volunteered at the county fair for the Sherburne County Historical Society.
Ms. Sentryz thanked everyone for their support.
7.1 2014 National Pollutant 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.
7.2 Resolution: Final Plat by Bodnar Builders, LLC for Heritage Park
Mr. Leesebergpresented the staff report.
Mayor Dietz opened the public hearing.
Jean Wendell, 13355 180 1/2 Circle - Questioned if the units will be rentals and
further stated she is opposed to the plat.
Mr. Leeseberg stated they will be single-family homes but he doesn't know if they
will be rented.
Mayor Dietz closed the public hearing.
Councilmember Westgaard stated it would be difficult to not support this application
because it meets the city’s zoning and land use regulations.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt resolution 15-31 granting final plat for Heritage Park, Case
No. P 15-03 with the following conditions:
1.A Developers Agreement be prepared and executed outlining the terms
and conditions of the plat approval prior to releasing the plat for
recording.
2.Surface Water Management Fee shall be paid in the amount required by
the city at the time of final plat prior to releasing the plat for recording
(currently $220/ residential lot).
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3.All comments in the memos from the Water Department, Environmental
and Engineering Divisions, and the Stormwater Coordinator be addressed
and incorporated into the plans.
4.Street lights shall be installed as required by Elk River Municipal Utilities.
5.A Letter of Credit shall be provided to the city in the amount of 100% of
the costs of the public improvements.
6.Upon completion all improvements and acceptance by the city, a security
or warranty in a form acceptable to the city engineer will be secured.
7.A development plan shall be approved by the city engineer prior to the
issuance of building permits.
8.All mailboxes shall be clustered.
9.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.
10.Park Dedication shall be for three (3) dwelling units at the rate applicable
at the time the lot split is released for recording, which for 2015 is $ 3,712
per residential dwelling unit.
11.All driveways shall meet the required setbacks.
Motion carried 5-0.
7.3 HiTech Motorsports Inc. – 16820 Highway 10 Public Hearing to
Revoke Conditional Use Permit, CU 06-12
Mr. Carlton presented the staff report. He provided a background of the project
regarding noise and operational complaints. He discussed the timeline of issues and
compliance letters sent to the property owner. He stated the City Council should
evaluate the areas of non-compliance as noted in the staff report.
Mayor Dietz opened the public hearing.
Connor Mickelson, 16831 Yale Street – Read his handout and stated on any given
day he can see the facility garage doors open. He stated he can hear the noise on a
baby monitor in his basement.
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Daryl Jorgenson, 13480 96 Street Otsego – Stated he previously lived in Mr.
Mickelson's house for 18 years. He stated he called the police, more than what is
recorded in police records, when he lived at the house. He stated he tried talking to
Mr. Wells (the property owner) about the noise but no improvements were made.
He expressed concerns with grass in his yard being permanently dead, possibly
coming from a pond and some chemicals from the HiTech property. He stated when
there is overflow it spills onto his grass. He stated there are black rubber marks on
the street, from customers who test the horsepower on their cars after they come out
of the shop. Mr. Jorgenson stated Mr. Wells has had past issues with maintaining his
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fence and keeping the garbage picked up. He stated Mr. Wells shouldn't be given any
more chances and he wants the Conditional Use Permit revoked.
Jerry Minor, owner of used car business at 16848 Highway 10 – Stated he has
nothing against Mr. Wells and hopes he has a successful business. He stated the
noise has driven him crazy for over nine years and he has difficulty talking to his
own customers on his car lot. He stated he has noticed the last couple of days it has
been quiet when the doors are closed. He believes the noise ricochets during testing
when the doors are open. He stated he has never complained in the past because he
didn’t want to start any issues with his neighbor.
Michael Hoverson, attorney representing HiTech Motorsports - Stated there are
two witnesses, who are neighbors, who couldn't be at tonight’s hearing and he
requested to continue this item to the next meeting to give them an opportunity to
speak.
Mr. Hoverson stated the April 29, 2015, code violation letter was never received by
Mr. Wells until he (the attorney) got it last Monday; so Mr. Wells was unaware of the
issues cited in this letter. He read Elk River City Code Section, 46-38, regarding code
violation procedures, citing the April 29 letter was addressed to First National Bank
Lease Center and Barton Wells, LLC, who are both owners of the property. He
stated Mr. Wells is purchasing this property on a contract for deed. He stated the
bank got notice but it was never forwarded to Mr. Wells. He stated the address on
the letter and in the Sherburne County property tax records has an incorrect address
for Mr. Wells. Mr. Hoverson stated the March 26, 2015 and April 22, 2015 letters
were properly addressed to Mr. Wells and he did receive them.
Mr. Hoverson stated once he notified Mr. Wells of the April 29 code violation letter,
Mr. Wells did clean up his property.
Mr. Hoverson distributed a diagram of the premises and some pictures to address
the four non-compliance issues on page three of the staff report.
Mr. Hoverson stated Mr. Wells has conducted business at this location for over nine
years and there have been a total of four noise complaints. He referenced the
Sherburne County Sheriff's Report in the staff report noting the sheriff had no
findings regarding noise levels.
Mayor Dietz questioned if the testing by the sheriff was done when the door was
closed.
Mr. Hoverson stated yes, but there is confusion about these doors that will be
explained later. He further noted there were no findings in the Elk River Police
Report, when tested.
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Bart Wells, 4000 Stratford Ridge, Excelsior, MN and owner of HiTech Motorsports
– Reviewed pictures and a diagram that show where each numbered picture was
taken.
It was noted the residential homes are located along Picture #4 through #6 in the
diagram.
Picture #1
Door and entry into the shop
Picture #2
Alley toward back of shop. This is called the bolt-on section.
Picture #3
Overhead door for the bolt-on section which has a 12-foot awning with sound
deadeners.
Mr. Wells stated there are five hoists inside this door. (green area of diagram). It has
20 foot ceilings and FRP quarter-inch fiberglass on the walls, including sound
deadener all the way around. He stated vehicles are worked on here, then started and
moved around to the dyno cell. He stated the confusion is when they start the cars in
this section and take them around the other side of the building to the dyno cell
(near pictures 5 & 6).
Mr. Hoverson stated the vehicles are not run or tested in the bolt-on area.
Picture #4
Corner of the building.
Picture #5
Dyno cell area.
Picture #6
Corner of the building where the tires were stored and have since been cleaned up.
Picture #7
Back lot.
Mr. Wells stated there were questions about a couple of trailers parked in this
location. He stated the trailers belong to out-of-state customers who asked if they
could be stored there while their cars were being worked on. Mr. Wells stated he
allowed them not realizing it was a violation of his conditional use permit. He stated
he won’t allow it to happen again.
Picture #8
The back area going toward the dyno cells.
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Picture #9
One of the air intakes with sound deadener pointing toward the highway at a 60-
degree angle so that any noise coming out of the dyno’s are reflected off the roof and
toward the highway.
Picture #10
Back of two dyno cells.
Mr. Wells stated the overhead door is the chassis dyno, which is where they work on
cars with the engines in the car. He stated the door has to be closed in order for the
cell to work because it has two – 20,000 cfm fans, one on each side, along with a 4x4
duct in the ceiling. He explained how the air is drawn out by the fans.
Picture #11
Same picture as #10 but close up.
Mr. Wells explained how the fans are designed for not allowing the sound to bounce
out.
Picture #12
Engine dyno.
He stated this is the one that he got the first phone call, from an anonymous source,
about noise. He stated this is an enclosed cell with no door. He stated after the first
two complaints about noise back in 2007 he added the two mufflers and changed the
way the dyno cells go on the inside. He stated they work like a tom-tom drum.
They’re hollow and would inject the noise straight up in the air. He stated it has an
air extractor and sound deadener on it and pushes the sound down.
Picture #13
Two 4x4 air intakes facing highway and with sound deadeners.
Mr. Wells stated this section of the building is only 14-feet tall while the back section
toward the houses is 24-feet tall.
Picture #14
Chassis dyno with 650 horsepower supercharged Dodge Charger. Shown is one of
the 22,000 cfm fans, a booster fan on top, and a 4x4 air duct on the roof above.
Mr. Wells stated this door can’t be open because you don’t get the air passing
through it. He stated if the door is open, you get stagnated air with exhaust, and it
doesn’t work. He stated it is a 2” insulated door with seal. He stated the walls in both
dyno cells are 6” with FRP quarter inch on the inside, sound deadener, fiberglass
material and schraps protection inside a chain mail, and then they are sealed with a
required fire rock.
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Picture #15
Engine dyno with two exhaust hoses.
He stated he doesn’t use this anymore because he found it was quieter to have the
exhaust go inside the room with the 8” of sound deadening and allow it to go
through the 40,000 cfm fan to deaden the sound.
Mr. Wells noted, on the diagram with arrows, the direction of how sound travels on
the site. He stated his neighbor, Steve Kedrowski, would come in to testify and he is
the closest adjoining neighbor to the dyno. He further stated Mr. Kedrowski is a
good friend. Mr. Wells stated he is not trying to be a bad neighbor but he needs to
be able to move his cars around. He explained the confusion about open doors,
noting the dyno door can’t be open to operate, while the other door could be open.
He stated he is willing to do some sound testing when running equipment to make
sure they pass noise levels.
Mr. Hoverson reviewed the four non-compliance issues as follows:
whether the overnight outside storage of vehicles has occurred
Overnight storage has been cleaned up and Mr. Wells stated it won’t happen again.
whether the repair or maintenance of vehicles outside of the building has
occurred
Mr. Wells stated no work has or will be done outside the building.
whether the level of noise from the building exceeded city ordinance levels
Mr. Wells stated their pulls run 4-6 seconds a piece about 2-3 times an hour. He stated he
would like staff/Council to come out and review it.
Whether the doors of the facility have been kept open while operating, tuning,
and testing vehicles.
Mr. Wells, questioned by Mr. Hoverson, stated the dyno door is never open when a vehicle is
being tested. Mr. Wells stated it can’t be open due to its design.
Mr. Hoverson stated they are trying to determine what the issue is with the noise. He
stated the best they can determine is noise is coming from the bolt-on section,
possibly when the vehicles are being moved. He stated they are open to suggestions
on improving this, but they don’t believe this is the noise issue.
Mr. Hoverson addressed the May 29, 2015, timeline on page two of the staff report
regarding late night hours of working.
Mr. Wells stated his technician had a customer emergency so he brought the car to
work on it. He stated it won't happen again.
Dawn Anderson, 16783 Yale Street – Stated it isn't one resident who has an issue,
and she hasn’t complained in the past, because she didn't think anything could be
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done about it. She stated she lives further away from the HiTech business and she
can't be outside in her yard because it is loud and noisy. She stated many times she
has to shut her windows and turn her air on to avoid the noise. She stated the noise
lasts longer than six seconds.
Mr. Jorgenson stated if the owner was on site more he might be able to control the
noise, chemicals, and garbage issues and maybe it’s his employees who are creating
the problem during the evening hours. He stated there are a lot of rubber marks on
the street.
Mr. Mickelson disclosed that Mr. Jorgenson is his father-in-law.
Mr. Jorgenson stated Steve Kedrowski, the witness for Mr. Wells, also works for Mr.
Wells.
Attorney Beck outlined options for Council consideration:
1.Direct staff to prepare findings of fact if the permit is to be revoked.
2.Continue item to next meeting so the other witnesses have a chance to
testify.
3.Continue the item for a period of time to monitor the issues if Council thinks
progress has been made.
Attorney Beck stated Council may want to have someone check soil conditions to
see if it is hazardous before making a decision.
Mayor Dietz expressed concerns with previous noise testing completed withclosed
doors. He stated he doesn’t believe the neighbors would be complaining about the
noise if the doors were closed all the time. He gave Mr. Wells a lot of credit for
cleaning up his property. He stated he is willing to continue this item to allow time to
remedy the noise issues.
Councilmember Olsen stated the soil should be tested.
Councilmember Westgaard questioned if the public hearing notice was sent to the
same address as the revocation letter
Mr. Carlton stated be believes it was sent to the Stratford Ridge address and
questioned the property owner. He stated the code compliance letter was generated
based on the address in the Sherburne County system, while the address for the
Stratford Ridge was incorrect in the county system so the letter was sent to an
incorrect address.
Mr. Wells commented he received the letter at HiYech Motorsports and not at his
home.
Mr. Hoverson stated there is no issue with the hearing notice for the conditional use
permit.
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Councilmember Westgaard stated he is fine with continuing this item if the Council
wants to look into obtaining more information. He stated there does seem to be a
noise issue when the doors are open and he wasn’t sure how this could be
monitored. He expressed concerns with continuing this item for a long-term period
because once the monitoring time is over; the issues could come back again.
Councilmember Wagner expressed concern with open doors and noise issues. She
questioned the type and disposal of chemicals from Mr. Wells’ property. She stated
she is in favor of second chances and letting someone do their business but feels
there is an issue and would like to continue this item to July 6.
George Anderson,16783 Yale Street – asked that Picture #14 be shown and stated
the large fans in the dyno room may be causing the noise issue. He stated he is
located 300 feet from the back fence of Mr. Wells’ property and asked for noise
testing before the continued hearing date. He stated two of Mr. Well’s employees
came over to him questioning if a noise they had just made was the noise he had
issues with. Mr. Anderson told them yes.
Mr. Hoverson questioned the qualifications of the person who would be performing
the noise testing.
Mr. Carlton and the applicant stated they would work together on the noise testing.
Council concurred on the following items:
Continue the public hearing to July 6.
Staff to perform soil testing.
Staff to determine a way to test the noise levels.
There was discussion on whether city staff or a consultant could perform the testing.
It was noted there would be costs associated with a consultant and questioned as to
who would be responsible for paying the costs.
Attorney Beck stated Mr. Wells could agree to work with the city regarding payment
for a noise expert.
Councilmember Westgaard stated it would be nice to have the noise testing
completed prior to the next meeting and suggested Council could authorize up to
$1,000 out of the Council Contingency budget if it can’t be done in-house.
Attorney Beck suggested that if the property owner is convinced he is in compliance
with noise levels, and wanted an independent third party consultant; he could step-
up and pay for the consultant.
Attorney Beck stated it may be best to review a quote for a consultant at the next
Council meeting, then decide if testing is necessary and give staff time to talk with
the property owner to see if there is an agreement about paying the costs.
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Mr. Carlton stated the city does have in-house equipment and personnel
knowledgeable enough to perform the testing.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to continue this item to July 6, 2015. Motion carried 5-0.
7.4 Rezone Certain Property Owned by Sherburne County from R-1c to
Business Park
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
No one spoke.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to continue the public hearing to July 20, 2015. Motion carried 5-0.
8.1 Resolution: Land Swap: School District and Arena Property
Mr. Portner presented the staff report.
Mayor Dietz outlined the school districts plans.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt resolution 15-32 finding that the exchange of real property is
consistent with the City of Elk River Comprehensive Plan. Motion carried 5-0.
Attorney Beck clarified that the motion also included authorization for the mayor
and city clerk to execute the documents to implement the land swap.
The Council concurred this was part of the motion.
8.2 Ordinance Amendment: Section 58-37 Regarding Garbage/Recycling
Containers
Mr. Leeseberg presented the staff report.
Mayor Dietz requested publicizing this change to the community.
Councilmember Westgaard questioned the need for a 4-foot distance between
containers because there are a lot of single lane driveways in the city. He further
stated some people may have up to three containers, which can take up a whole
driveway.
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Ms. Mroz stated the haulers requested at least 3-feet between bins or other objects so
their equipment can grab the containers.
Councilmember Olsen questioned if there can be more than 3-feet between objects
and suggested changing the ordinance language to include a minimum distance.
Moved by Councilmember Olsen and seconded by Councilmember Burandt
to adopt ordinance 15-16 entitled, “Containers” of the City of Elk River,
Minnesota, City Code with a language change requiring a minimum of 3 feet
between containers. Motion carried 5-0.
8.3 Door-side Service Ordinance Amendment and Operating Order for
Garbage/Recycling
Ms. Mroz presented the staff report. She stated Randy's currently charges for this
service in other communities. She noted they are not charging in Elk River now, but
may in the future.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to adopt ordinance 15-17 amending Section 58-31, “Definitions” and 58-37,
“Containers” of the City of Elk River, Minnesota, City Code, to incorporate
the Sherburne County Subsurface Sewage Treatment System Program.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Door-side Service Operating Order. Motion carried 5-0.
Council recessed at 8:11 p.m. to go into work session.
Council reconvened at 8:17 p.m.
9.1 Discussion on Park Dedication Analysis
Mr. Hecker introduced Rita Trapp, with HKGi.
Ms. Trapp provided a broad review of park dedication in the subdivision process.
She stated one challenge is that development of lots and structures is usually handled
by the private sector, and the public areas, such as trails and walkways are handled by
the public sector, so there could be conflict between them.
Ms. Trapp outlined the reasons why a city can require park dedication and noted the
one difference between parks and streets is that state statute puts more limitations on
park dedication. She reviewed the park dedication limitations.
Ms. Trapp reviewed the nexus for park dedication and the proof for demonstrating
the need to collect this type of fee. She stated the costs for improvements in the
Parks and Recreation Comprehensive Plan are estimated at $58 million for over the
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next 20 years. Ms. Trapp reviewed park land acquisition, park improvement, and trail
construction cost estimates. She outlined percentages and costs that would be
attributable to new growth and noted that $32,800,000 could be collected via park
dedication; but that due to park dedication state law requirements and other factors,
such as the city’s projected growth and development areas not in the urban service
district, the actual cost collection of this fee may be lower. She noted other funding
sources will need to be created, such as a referendum or franchise fee.
Ms. Trapp reviewed the city’s existing park dedication approach compared to state
law requirements and the challenges of determining a park dedication fee. Ms. Trapp
reviewed the recommended next steps for the city.
Mr. Hecker stated more work needs to be completed but the question is on the
direction the Council would like to take. He expressed concerns with the liability of
the current park dedication process and thought more analysis should be completed.
Ms. Trapp stated the city should do the recommended next Steps 1 and 2 and can
wait to make a decision on Step 3 as noted in the staff report.
Councilmember Westgaard stated the city should improve its defense ability.
Councilmember Burandt concurred.
Mr. Simon suggested getting a proposal for the scope of work and come back to
Council with a recommendation.
Council concurred.
9.2 Policy for Ensuring Security of Not Public Data
Ms. Allard presented the staff report.
It was noted this would come back to the Consent agenda for approval.
9.3 Olympic Ice Arena Update
Mr. Czech presented the staff report. He noted a previous Council decided to
purchase a used system. He discussed leaks and repair history of the current
refrigeration system. He noted the current repairs are an expensive band aid and they
are unsure how long it will hold up. HE stated they could be back in this same
situation within a year or two. He also discussed the R-22 phase-out.
Councilmember Westgaard questioned if there is any lost revenue because of this
repair.
Mr. Czech stated approximately $3,500 to $4,000 from dry floor events in the Barn.
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Mayor Dietz questioned why the city purchased a used system versus new.
Mr. Czech noted it was to save on costs. There was discussion on costs and various
options the Council could consider. Mr. Czech stated the Council could get the
system replaced cheaply at approximately $2 million, but it would come back to
haunt them sooner like the current situation.
Councilmember Westgaard stated Council and staff had been discussing a facilities
plan for the last seven years.
Mr. Portner stated the R22 phase-out has been an issue across the country with
rinks.
Mayor Dietz asked if the recreational bond referendum would happen by the end of
the year.
Mr. Portner stated the current hold up is the City of Rogers because they are
considering a regional sales tax and are not sure they want to come into the whole
district-wide bond referendum. He stated the school district is crunching numbers to
see if a district-wide sales tax would be feasible.
Mayor Dietz stated $20 million would go to each city (bond referendum). He stated
it should be an advantage to us with a district wide referendum. He discussed the
amenities the school district would like to see. He stated the school would own the
ice arena but the city would operate it.
Mayor Dietz questioned the condition of the ice arena building and further stated the
city needs to still move forward with facility planning.
Mr. Czech stated a study was conducted in 2012, which outlined issues. He stated the
city could attach an addition to the barn and it would work.
Mayor Dietz stated there were talks at one time of the school building a field house
next to the arena. He questioned if the city would have an opportunity to do this.
Mr. Portner stated the city may want to start all over because the current structure is
tired and there will always be issues, such as leaks. He further noted the activity
center facility issues and felt it would be more economical to build a new
comprehensive structure at one time that will be good for 30-40 years. Mr. Portner
stated many corners were cut when building the arena and it is not in as good a
shape as other arena’s built in the same time frame.
Mayor Dietz stated the Council didn't get the best consulting advice when the arena
was being built. He stated it was also sold to the city that it would be a profitable
business.
Attorney Beck stated the city knew at the time it would be a stretch to make a profit.
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9.4 Conduit Financing
Mr. Simon presented the staff report.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:50 p.m.
John J. Dietz, Mayor
Tina Allard, City Clerk
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, July 6, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, Planning Manager
Zack Carlton, City Attorney Peter Beck, Environmental Technician
Kristin Mroz, Communications Coordinator RaeAnn Gardner, and
Senior Administrative Assistant/Recording Secretary Jennifer
Johnson
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 07/06/2015 Agenda
Mr. Portner requested Item 6.1 be removed from the agenda.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the July 6, 2015, agenda with the removal of Item 6.1. Motion
carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 Check Register, check numbers 9807-9809 and 92597-92787 as outlined in
the staff report.
4.2 Transient Merchant License for Sugar Shack LLC effective July through
October (not to exceed 30 days) subject to the following conditions:
1.One 24-square foot sign shall be allowed. A temporary sign permit
must be obtained prior to display of the sign. Contact the Planning
Department at 763.635.1000.
2.The merchandise displayed shall not occupy more than 100 square feet
\[Section 38-414(6)\].
3.Applicant must remain on the asphalt surface and no product shall
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July 6, 2015
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be displayed in the grassy areas.
4.No electrical services shall be across any drive or walking surface.
5.If traffic becomes a problem around the temporary site, the sales area
shall be delineated with a barrier to restrict traffic.
6.The area shall be maintained free of debris and kept in an orderly
condition.
7.Only one trailer shall be utilized.
8.The trailer shall not be left on site overnight.
4.3 Special Event Permit and Temporary On-Sale Liquor License to the
Eagles Club for Friday, July 24, and Saturday, July 25, 2015, subject to the
following conditions:
1. Alcohol must be limited to an area that is fenced in with secured and
controlled access and be compact and contiguous to the
establishment. Age verification is required and wrist band control is
recommended.
2.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 the property owners to
notify. The event planner must submit an affidavit that the notice was
distributed.
3.Permission to use private property for parking must be obtained prior
to event.
4.All applicable noise ordinances must be followed.
5.If tents are to be used they must be inspected by the fire marshal prior
to the event. Applicant must contact the fire marshal at 763.635.1110 to
schedule an inspection.
4.4A. Special Event Permit for the Sherburne County Agricultural Society for the
Sherburne County Fair and Parade, July 16-19, 2015, subject to the
following conditions:
1. Applicant shall provide garbage cleanup immediately following the
parade.
2. Signs shall be installed at the following locations no later than July 11,
2015:
a. Main Street and Morton Avenue (alerting westbound traffic)
b. West of Orono Road at Main Street and Joplin Street (alerting
eastbound traffic)
c. On Joplin Street at Orono Parkway (alerting southbound traffic)
d. Proctor Avenue and Main Street (alerting southbound traffic)
The signs shall state:
Main Street Closed
July 18
10 a.m. – Noon
Parade
3. Applicant shall provide portable toilets and inform all parade staff of
the location of the toilets during parade staging.
4. Alcohol must be limited to the beer garden and grandstand area. Wrist
band control is required for patrons age 21 and over.
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5. Applicant shall ensure all applicable fire codes have been met and all
tents must be inspected by the fire marshal prior to opening. Applicant
is responsible for contacting the fire marshal at 763.635.1110 or
763.238.3489 to arrange for an inspection.
6. Applicant is responsible for ensuring the grandstand bleachers are
inspected properly and for ensuring maximum capacity is not
exceeded.
7. It is understood fair security will be handled by Sherburne County
Sheriff’s Office.
8. Applicant shall provide the Elk River Fire Department, Division of
Emergency Management, with a copy of the Emergency Operations
Plan to include, but not limited to, appropriated annexes for severe
weather.
9. Access to the public safety facility, including the rear entrance area,
shall not be obstructed.
10. Candy may be handed out at the parade but is not permitted to be
thrown from moving objects.
4.4B. Temporary On-Sale Liquor License to the Elk River Lions Club for the
Sherburne County Fair, July 16, 2015, though July 19, 2015, subject to the
following condition:
Alcohol must be limited to the beer garden and grandstand areas.
Wrist band control is required for patrons age 21 and over.
4.5 Policy for Ensuring Security of Not Public Data as outlined in the staff
report.
4.6 Private Kennel License to Shana Hein, 18681 Cleveland Street, to keep
seven dogs, valid until December 31, 2015.
4.7 Appoint Zachary Carlton to Planning Manager to begin at Step A of Pay
Grade 12, and Chris Leeseberg to Senior Planner to remain at Step E of
Pay Grade 9, both effective July 7, 2015.
4.8 Appoint Steve Taylor as Interim Lead Mechanic effective May 17, 2015.
4.9 Joint Powers Agreement with City of Ramsey for Jarvis Street
Reconstruction as outlined in the staff report.
4.10 Park Dedication Fees Proposal from Hoisington Koegler Group, Inc., as
outlined in the staff report.
4.11 Houlton Property Farm Lease Agreement with Sherman Lehn as outlined
in the staff report.
4.12 Safety Consultation Agreement with Premier Safety Training and
Consulting as outlined in the staff report.
4.13 Blue Bag Organics Program Ordinance Amendment 15-18 and Hauler
Agreement Amendments as outlined in the staff report.
4.14 2015 Mineral Excavation License as outlined in the staff report for the
following miners and their mines:
Aggregate Industries - Aggregate
C.S. McCrossan Construction, Inc. – C.S. McCrossan
Knife River Corporation – Knife River
Midwest Asphalt Corporation - Midwest
Plaisted Companies, Inc. – Plaisted West, Plaisted East
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July 6, 2015
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Tiller Corporation - Tiller South, Tiller North
4.15 Authorization to Execute Grant Agreement with Minnesota Public
Facility Authority as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Minnesota Wastewater Treatment Facility Operational Award
This item was removed from this agenda and will be heard at the July 20, 2015,
council meeting.
7.1 HiTech Motorsports Inc. – 16820 Highway 10 Public Hearing to
Revoke Conditional Use Permit, CU 06-12
Mr. Carlton presented the staff report.
Mayor Dietz asked if any decibel readings were taken with the door open.
Mr. Carlton stated when he was acquiring a baseline decibel level he did not test with
the door open as the applicant stated the dyno cannot operate with the door open.
Mayor Dietz reopened the public hearing.
Conner Mickelson, 16831 Yale Street, stated the noise coming from HiTech has
been significantly reduced since the last hearing due to doors of the business not
being open and changes made to buffering sound but he wasn’t confident things
would continue to stay quiet in this manner. He stated a video he sent to staff
portrayed sounds being performed after normal business hours and asked for
clarification of allowed operating hours.
Mr. Carlton stated the permit allows for operating hours on Monday through Friday,
8:00 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 4:00 p.m.
Michael Hoverson, attorney for the applicant, and Bart Wells, the applicant,
spoke. Mr. Hoverson addressed comments made at the June 15, 2015, public
hearing, regarding skid marks made on pavement located near the business. Mr.
Wells stated he submitted photos and video to city staff showing the marks were
created from attendees at the Frankensteiners Car Show held at Broadway Bar and
Pizza on May 31, 2015, and stated he had no part in that event.
Mr. Hoverson and Mr. Wells outlined the changes made after the June 19 testing and
before the July 1 testing to the dyno garage port at his business, referencing the
numbered aerial map in the staff report.
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July 6, 2015
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Mr. Wells stated he purchased 2” sound foam from ASI in Chaska and installed it 10’
high on all four walls of in the dyno garage port cell in the overhead 4x4 cold air
intake ceiling duct. He stated this helped with the reverb going towards the highway
and felt the testing reported by Mr. Carlton indicated as such.
Mr. Wells stated he then made two – 30”x30” sound traps with the sound foam,
placing the foam 3½” in front of both exhaust fans, to assist in absorbing and
diverting the noise traveling out of the exhaust fan. He stated each trap extends 40”
upwards, curving like a question mark. He also felt this lowered the decibel levels.
Mr. Wells indicated he may also be losing sound through the 2” solid core door to
the cell and may install some 2” foam on the door. He stated the cost for the foam
was $3,000 to do the first cell and stated the other cell does not have a door but has a
fan and 4x4 ducts in which he will apply the same sound foam board to that cell.
Attorney Hoverson stated the business’s doors to the dyno cell are never up during
dyno testing, and Mr. Wells explained how it is necessary the doors be closed to
allow the exhaust to flow out of the building. Mr. Halvorson indicated there is a
misconception that the doors have remained open during testing and offered an
explanation that perhaps its door 7 that is open. He stated on an average day, there
are only 3-4 cars driven around areas on the property with the motors running for
approximately 30-45 seconds.
Mr. Wells stated he used a 1968 Olds 442 during testing with Mr. Carlton, a vehicle
he considered to be the loudest car available to him, and during testing discovered
the noise levels of vehicles being backed in and out and how to direct the sound
towards the highway.
Mr. Hoverson stated the issue the business continues to have, as he understood it,
was noise level created by vehicles as they travel around the buildings on the
property. He stated they wished to explore measures to reduce the 83-decibel level at
area 7 on the map. He discussed measures to reduce the 83-decibel level in the
following manner and requested a continuance of the public hearing to August 3,
2015, to determine the feasibility costs of the following measures:
Install a sound barrier fence around the property; unsure of cost and if it was
even possible.
Install a garage door in the side of building at area #7 so cars would never
have to be outside and running and sound never being directed towards the
Mickelson property, area #5. Mr. Wells indicated he is unsure if a door can
be installed as this is the drain field for the septic system of the building. It
would require pouring 10x25 of concrete or asphalt and he isn’t sure if this is
allowed due to greenspace requirements.
Install a gate on either side of the property to limit after-hours access to the
property.
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July 6, 2015
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Mr. Wells indicated he could also use a tug to pull the cars around the building so
they wouldn’t create any additional sound and direct sound towards the highway and
away from residential properties when cars are required to be operated. He indicated
he is trying his best to limit the noise created on his property.
Mr. Hoverson requested Steve Kedrowski, a witness who couldn’t testify at the last
public hearing, speak and indicated his property was near area #2 on the map.
Steve Kedrowski, 16811 Yale Street, indicated he has seen an open garage door at
the business in the past, which at that time created a considerable amount of noise
and affected his family, especially his autistic child. He stated he has not seen open
doors recently and appreciates the noise reduction lately, but has concerns with the
business complying with these conditions in the future. He indicated he would
contact Mr. Wells when he felt concerned with noise levels.
There being no one further to speak, Mayor Dietz closed the public hearing.
Mr. Hoverson requested Mr. Carlton revisit the property to retest noise levels using
the exact same car, if possible, and backing it up to determine if lower decibel levels
are registered. He indicated the applicant will do feasibility and cost analysis to see if
a fence and garage door can be installed, as well as consult with industry experts to
determine if other measures can be taken. He indicated if none of these measures are
feasible, the applicant will tug the cars around the property as Mr. Wells would like
to remain compliant.
Mayor Dietz stated he felt Mr. Wells be given credit for his efforts in mitigating the
business’s noise and good faith efforts to be a good neighbor by addressing the
neighborhood concerns. Mayor Dietz stated he also understands the concerns of the
neighbors. He stated he is willing to allow for a continuance of the public hearing
until August 3, 2015, allowing the applicant additional time to research and
implement noise mitigation efforts.
Councilmembers Westgaard, Olsen, Burandt, and Wagner also agreed to allow for a
continuance of the public hearing.
Counselor Beck stated he will not be available at the August 3, 2015, council
meeting, should the council want him at that hearing. He recommended reopening
the public hearing and continuing it to August 3, 2015.
Mayor Dietz reopened the public hearing and asked that it be continued.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to reopen and continue the public hearing for HiTech Motorsports Inc., to
August 3, 2015, to allow the applicant additional time to research and
implement additional noise mitigation efforts to comply with the conditional
use permit.
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July 6, 2015
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Motion carried 5-0.
8.1 2016 Benefit Level for Elk River Fire Relief Association
Mr. Simon presented the staff report. He introduced Scott Schmitt, President, and
Dave King, Vice President, both of the Elk River Fire Department Relief
Association, and Dave Rudy from The Parr McKnight Wealth Management Group
of Wells Fargo.
Mayor Dietz stated he felt the relief board made conservative benefit increases,
which allowed for smaller, steadier increases to protect the firefighter’s monies.
Moved by Mayor Dietz and seconded by Councilmember Westgaard to
approve an increase for the Elk River Fire Relief Association (ERFRA)
benefit to $5,510 per year of service effective January 1, 2016.
Motion carried 5-0.
8.2 Rivers Edge Park Expansion Proposal
Mr. Hecker presented the staff report.
Mayor Dietz asked why TDKA was not a qualified bidder.
Mr. Hecker indicated that the TDKA project team did not staff a landscape
architect.
Mayor Dietz asked if winter bidding can still be done to ensure project completion
before the 2016 concert series. His concern was the public is being told the park is
not available for use during the fall and if work will not be done this fall, can the
park remain open.
Mr. Hecker stated that completion of the project by the 2016 concert series was a
condition of the RFP. He indicated that council was being asked to approve the
hiring of Hoisington Koegler Group, Inc., (HKGi) to complete the design and
construction management with approval of the actual construction to come before
the council after bids were received. He stated it was difficult to determine, at this
point, if any work would begin in the fall without knowing financially where bids
would come in.
Councilmember Westgaard agreed with Mayor Dietz and felt uncomfortable
approving moving forward with this project when cost and funding details are
unknown.
Mr. Hecker indicated he would receive cost estimates sometime in August.
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July 6, 2015
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Counselor Beck asked if the bids could be defined to indicate a fall start or spring
start, allowing the council to immediately determine if there’s any savings to waiting
to start the project until spring.
Mr. Portner clarified that the city would receive a range of cost estimates from
HKGi so council can determine if they wish to proceed. At that time, bids would be
requested and final figures determined.
Mayor Dietz requested Mr. Hecker determine with HKGi if work will be completed
in September or October and if not, could we allow the park to be opened to the
public.
Councilmember Wagner agreed with Mayor Dietz and stated it would be
disappointing to the public and groups like downtown business owners if the
park sat empty and construction did not begin this fall.
Mr. Hecker stated HKGi told him closing the park could be determined in early
August.
Councilmember Olsen asked if it would be best to commit to a spring start and allow
the park to remain open in the fall.
Mayor Dietz indicated he would like HKGi to notify the city if the project can be
completed by the end of fall and if not, keep the park open this fall and begin
construction until spring. He would like the city notified by August 1.
Councilmember Wagner asked if the plaza level would be affected by construction.
Mr. Hecker stated the plaza level wouldn’t be affected but it would be difficult for
him to say if anything else will be affected.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to adopt the Agreement for Professional Services to hire
Hoisington Koegler Group, Inc. (HKGi) to complete the design and
construction management of Rivers Edge Commons Park Phase One.
Motion carried 5-0.
8.3 Naming of Houlton Property
Mr. Hecker presented the staff report. Dave Anderson and Stewart Wilson were
present as members of the naming committee.
Mayor Dietz commented that after reading the history and impact Mr. Houlton
made on Elk River, it seemed very appropriate to include his namesake in the
property title.
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July 6, 2015
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Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the official naming of the Houlton Farm property to the William
H. Houlton Conservation Area.
Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Portner presented the staff report. No new topics were added to the work
session agendas.
Mr. Portner indicated he would be scheduling a special joint meeting with the
council and both Planning and Parks and Recreation commissions for a date in
August. This would be a planning purpose workshop to provide education and
review of the various city comprehensive plans and studies.
9. Council Liaison Updates
Council members presented their council liaison updates.
Mayor Dietz requested staff provide an update to the council on recent information
regarding the estimate to repair the water tower repair.
Councilmember Wagner reported receiving positive comments about Elk River
ballparks.
Mayor Dietz requested staff write a letter to the fireworks vendor regarding the July
4, 2015, outstanding fireworks display.
Council recessed at 7:48 p.m. to go into work session.
Council reconvened at 7:51 p.m.
10.1 Gateway Signage Update
Ms. Gardner presented the staff report. She indicated the entire wayfinding plan will
be unveiled to council in approximately 6 weeks. She asked the council for direction
on proceeding with the style of the city’s gateway signs and whether to request bids
for construction of such signs.
Mayor Dietz and Councilmember Westgaard indicated they liked the river rock on all
three tiers of the sign.
Councilmember Wagner was fine with one tier of rock as she appreciates the artwork
depicting the elk antler, but stated she didn’t feel so strongly about it that she would
argue or fight for it. She was concerned with the discrepancy in the project figures
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July 6, 2015
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presented based upon the drastic differences in prices and supported receiving bids
to determine actual project costs.
Councilmembers Burandt and Olsen stated they also like the three tiers of river rock
but also requested bids.
It was the consensus of the council to go out for bids for construction of gateway
signage with three tiers of river rock with an option to bid one tier of river rock.
10.2 Review of East Elk River Traffic Concerns
Mr. Portner presented the staff report.
It was the consensus of the council to maintain the current traffic path at Main Street
and Line Avenue and seek operation enhancements at this intersection through
installation of adaptive signal controls. Council requested the city engineer complete
a traffic study to determine if the 4-way stop at the intersection of Main and Trott
Brook Parkway warrants a traffic light and review eligible improvements to the
CSAH 13 area.
10.3 Parks Maintenance Supervisor/Superintendent Position
Mr. Portner presented the staff report and outlined the updated position description
as outlined in the staff report.
It was the consensus of the council to support the changes to the parks maintenance
supervisor position as outlined.
10.4 2016 Budget
Mr. Simon presented the staff report and outlined the 2016 budget schedule.
Councilmember Westgaard asked if it was necessary to review this budget since its
detailed review last year.
Mr. Simon indicated there were a handful of changes needing review and staff was
scheduled to appear before the council to discuss department and division goals and
plans.
It was the consensus of the council to proceed as outlined in the staff report.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:55 p.m.
City Council Minutes Page 11
July 6, 2015
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Minutes prepared by Jennifer Johnson.
John J. Dietz, Mayor
Tina Allard, City Clerk