4.1. DRAFT MINUTES 01-19-2016
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, January 4, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon,
Planner Chris Leeseberg, City Attorney Peter Beck, City Clerk Tina
Allard, Planning Manager Zack Carlton, City Engineer Justin Femrite,
and Executive Secretary/Deputy City Clerk Jessica Miller
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 01/04/16 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the January 4, 2016, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the following consent agenda:
4.1 Minutes
December 21, 2015, Regular
December 21, 2015, Closed
4.2 Check register, check numbers 94918-95051 as outlined in the staff
report.
4.3 Resolution 16-01 authorizing the city’s official depositories for 2016 as
the following:
First National Bank of Elk River
4M Fund
Wells Fargo
The Bank of Elk River
US Bank
TCF Bank
UBS
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January 4, 2016
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4.4 Designate the Star News as the city’s official newspaper for legal
notices for 2016.
4.5 Appoint Mayor John Dietz and Finance Director Tim Simon to the
Fire Relief Association Board with term expirations of January 3, 2017.
4.6 Resolution 16-02 acknowledging contributions of $10,000 to the Fire
Department from various groups and organizations.
4.7 Resolution 16-03 acknowledging contribution of $211.50 from David
Waldron for Woodland Trails Park.
Motion carried 5-0.
5. Open Forum
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Val and Harold Williams, 11936 190 Circle NW – stated they have an easement
on their property they have been maintaining for many years. Mr. and Mrs. Williams
explained they have been working with the Parks Department to have the city either
vacate the easement or maintain the property but the city has stated they cannot
vacate because of the nearby wetland. A setback variance was recently approved for
the school district and they believe this is a perfect opportunity to vacate their
easement as well.
Mayor Dietz explained the Council cannot respond or take action during open
forum and asked staff to bring it back on a future agenda. Mr. Carlton added he will
ask Parks and Recreation to also be involved.
6. Presentations, Awards, and Recognition
There were no presentations, awards, or recognition for this meeting.
7.1. Request by Ronald and Paula Dargis to Vacate City Right-of-Way East
of 1946 Main Street NW
Mr. Leeseberg presented the staff report
Mayor Dietz opened the public hearing.
Ron Dargis, 1946 Main St NW, applicant – outlined information on past
applications and meeting proceedings. He presented a petition to the Mayor and
asked the Council to consider vacating the street.
Paula Dargis, 1946 Main St NW, applicant–asked the Council to vacate the
road and concentrate on existing parks.
Jim Neilson, Attorney, 118 East Main St, Anoka, MN representaing Ron and Paula
Dargis, distributed a plat to the Council. He explained Mr. and Mrs. Dargis and their
neighbor Jim Burgoyne have fee title on this easement and the city can only take
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January 4, 2016
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away through condemnation. He also presented a timeline of past meetings and
decisions.
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Paula Donnelly, 1911 6 Lane NW – urged the Council to support the MN
Department of Natural Resources objection to the easement vacation to protect the
lake and keep dredging options open.
Lauren Denucci, 1920 Main St NW – supports the city vacating the property
because she is not interested in a boat launch in that area.
Kristin Bury, 1958 Main St NW – grew up in the area when this property was used
as a boat launch and the traffic was very busy. She stated if the city opens a boat
launch back up on this parcel it would bring increased traffic and strangers to the
area.
Susan Beaudry, 233 York Ave NW – stated she likes the property the way it is and
uses the access to sit by the lake. She added she also grew up in the area when the
parcel was used as a boat launch and she doesn’t support it being used for that
purpose. She asked the city to examine use of the property more closely.
Diane Merz, 21743 Jarvis St NW, Nowthen – would like the city to vacate the
easement to reduce city liability and expense.
Richelle Bauer, 11951 191 ½ Ave NW – believes if the information provided to the
Council 10 years ago would have been accurate the Council may have vacated the
easement at that time.
Kelly Dopp, 233 York Ave NW – believes the city should vacate the easement.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Mayor Dietz stated he doesn’t believe past proceedings have relevance on this
decision. He noted the decision would be much easier if the city had the option to
sell the pacel to the adjacent property owners. He explained he’s having a difficult
time getting past state statute language dictating easement vacations must benefit the
public and he doesn’t see how this vacation would benefit the public. He indicated
he isn’t interested in seeing it used as a boat landing but would be in favor of the
Council and Parks and Recreation Department studying possible recreational uses.
He would like to see the existing concrete removed. He added he is open to granting
the property owner access rights.
Councilmember Westgaard stated he is not interested in seeing this parcel used as a
public boat landing. He indicated he is having a difficult time finding a reason not to
vacate and believes the parcel should be vacated because it’s never used and it would
be easier than working up agreements and contractual language. He added he doesn’t
see the public benefit of previously vacated easements in the area.
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January 4, 2016
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Attorney Beck stated the standard for only vacating parcels with public benefit hasn’t
changed and should have been applied in the past. He indicated he can’t speak for
previous actions but what happened in the past is irrelevant. He noted this is the last
easement in the area which differentiates it from the other easements. He added the
access point used for Lake Orono dredging in the past is no longer available.
Councilmember Westgaard questioned if there is a way to vacate the easement but
have an agreement in place for Fire Department access if necessary. Mr. Beck
explained if the potential for future use is there, it’s best not to vacate as the city has
less rights after the property is vacated.
Councilmember Burandt asked for clarification as to whether the property is city-
owned. Attorney Beck explained the property is dedicated public right-of-way but
the city doesn’t hold fee title so the property cannot be sold. Statutory process is for
the property to go to adjacent property owners if it is vacated by the city.
Councilmember Burandt questioned if a public benefit could be defined as increased
property taxes if the property is vacated and added to the tax roll. Attorney Beck
asked Councilmember Burandt if she would like staff to research this issue. She
stated she would and she would be supportive of the easement vacation if we can
state the public interest is the expansion of the tax base.
Councilmember Burandt questioned if the city can give Mr. and Mrs. Dargis a lease
to have a driveway on the property. Attorney Beck indicated owners don’t need
permission to use the right of way for access; however, an agreement should have
been obtained prior to improvement of the driveway. He added Mr. and Mrs. Dargis
also have a dock in the right-of-way which typically isn’t allowed and if the property
is not vacated a license agreement should be put together to clarify situation.
Councilmember Wagner asked for a list of public benefits other than increased taxes.
Attorney Beck indicated no other benefits have been identified. Councilmember
Wagner indicated she is not interested in a boat launch or any other public access at
this location. She explained she is struggling because the access isn’t used but she
understands it may be used in the future for emergency services. She added she also
feels the property could be a liability to the city if someone is hurt or injured on the
property.
Councilmember Olsen questioned how permanent a licensing agreement is. Attorney
Beck explained an agreement can be for any length of time and is revocable if the
city identifies a need for the right-of-way in the future. He stated he has a hard time
ignoring how strongly the Minnesota Department of Natural Resources spoke
against vacating the property.
Attorney Beck indicated the Council could adopt an ordinance specific to the type of
use for that area if they wish.
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January 4, 2016
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Mayor Dietz indicated at least two councilmember votes hinge on whether or not
vacating the property increases the tax base providing public benefit. He
recommended staff find out whether or not the taxes on the parcel would increase if
the property is vacated and if so, the amount of increased taxes.
Councilmember Westgaard added he would like Attorney Beck to bring back
findings supporting the easement vacation if staff finds taxes would be increased.
Attorney Back added staff can also check with the insurance carrier on the liability of
keeping the easement.
This item was continued to the January 19, 2016, City Council meeting.
7.2 ERX Properties, LLC
a. Land Use Amendment to Change Land Use from Development
Reserve/Mining/Residential to Highway Business/Mining
b. Amending City of Elk River Zoning Map to Rezone Certain
Property from Commercial Reserve Transition and Single
Family Residential to Extreme Commercial Recreation
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing for both items. There being no one to speak
to these issues, Mayor Dietz closed the public hearing.
Councilmember Wagner indicated she has no issue with the amendments but wants
to be proactive for the future. She explained the property to the east is proposed
residential and the Council should be thinking about whether or not residential is an
appropriate land use adjacent to this recreational area.
Attorney Beck added the residential area to the east is not planned to have public
services so minimum lot size will be 2.5 acres.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt resolution 16-04 amending the Comprehensive Plan to
change the land use from Development Reserve/Mining/Residential to
Highway Business/Mining. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt ordinance 16-01 amending the City of Elk River zoning map
to rezone certain property from Commercial Reserve Transition and Single
Family Residentiual to Extreme Commercial Recreation. Motion carried 5-0.
7.3 Elk River ISD #728 Conditional Use Permit to Allow Expansion of an
Institutional Use at 900 School St. NW
Mr. Leeseberg presented the staff report.
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Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Council discussed parking and pedestrian traffic walking to sporting events. The
Council was concerned about people having to walk all the way around the new
addition to get to school events. Council requested school representatives present to
discuss the option of allowing walk through traffic in the new addition with district
officials.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Conditional Use Permit to Elk River ISD #728 allowing
expansion of an institutional use at 900 School Street NW, subject to the
following conditions:
1.The Conditional Use Permit shall not be recorded until all applicable
conditions have been substantially completed.
2.The authorized use shall not begin until the Conditional Use Permit is
recorded.
3.If the authorized use ceases for more than six months, the Conditional
Use Permit shall expire.
4.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.
5.The fire chief shall verify the location of all fire hydrants, and may require
additional hydrants necessary to preserve the health and safety of the
residents.
6.The applicant shall add a left turn signal to the traffic signal system on
School Street for eastbound to northbound movements, into the lot, prior
to blocking or closing the existing north lane around the school.
7.A permeable sidewalk along the western wetland edge to decrease runoff
and encourage infiltration shall be installed.
8.All comments in the stormwater coordinator’s memo dated December 8,
2015, shall be addressed.
9.A Wetland Conservation Act Exemption application shall be submitted to
the city.
10.The east side parking area drive lane shall provide an area for emergency
vehicles to turn around, in accordance with MN State Fire Code Section
503.2.5.
11.The entire turnaround fire lane east of the addition shall be striped and
the perimeter signed as required by the Fire Department.
Motion carried 5-0.
8.1. Appoint Acting Mayor
Ms. Allard presented the staff report.
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Moved by Councilmember Olsen and seconded by Councilmember Burandt
to appoint Councilmember Wagner as acting mayor for 2016. Motion carried
5-0.
8.2 Discuss Work Session Items
Mr. Portner presented the staff report.
The Council directed staff to add the school district pedestrian easement item to the
next meeting.
9.1 Council Liaison Updates
Council provided updates for the various boards/commissions.
Council recessed at 8:23 p.m. in order to go into work session. The meeting reconvened
at 8:31 p.m.
10.1 Board/Commission Attendance Policy
Ms. Allard presented her staff report.
Mayor Dietz agreed regular and special meetings should be included in tracking
attendance.
Councilmember Wagner questioned if a member removed for lack of attendance has
an option to appeal. The Council concurred they would like an appeal mechanism
included in the policy.
Councilmember Burandt stated she doesn’t think members will call the staff liaison
to report their absence if absences are not recorded as excused and unexcused. Mr.
Portner indicated reporting absences is important for quorum issues and language
will be included in the policy requiring board members to notify staff liaisons of
absences. He added reported absences may help if a member wants to appeal their
termination.
Councilmember Westgaard requested this information be made part of the
orientation packet for new commissioners.
Council consensus was to add to a future consent agenda for formal approval and
for all staff liaisons to add the new attendance policy to their board/commission
agendas for discussion. Councilmember Wagner added council liaisons could also
discuss with their assigned board/commission.
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10.2 Massage Licensing Ordinance
Ms. Allard presented the staff report.
This ordinance will come back for formal adoption on January 19, 2016.
10.3 Transportation Update and Planning Session
Mr. Femrite presented his staff report.
10.4 2017 Street Improvements
Mr. Femrite presented the staff report.
He asked if the Council would like to follow a process similar to Elk Hills for the
Ridgewood East project soliciting input from residents on whether or not they are
interested in the extension of city sewer and water. Council concurred with sending
letters adding it is a good idea to also explain the benefits of extending city services
during a street improvement project.
10.5 Engineering Design Standards Update
Mr. Femrite presented his staff report. He reviewed the proposed changes and asked
for Council feedback.
This item will be brought back for formal approval.
10.6 Focused Area Study
Mr. Leeseberg presented the staff report.
Council verified that all affected property owners will be notified.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:51 p.m.
Minutes prepared by Jessica Miller.
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John J. Dietz, Mayor
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Tina Allard, City Clerk