01-19-2016 CCMMeeting of the Elk River (pity Council
[field at the Elk River City Fall
Tuesday, January 14, 2416
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: Citi- Administrator Calvin Portner, Finance Director Tim Simon,
Planning Manager Zack Carlton, Planner Chris Leeseberg, City
Attorney Peter Beck, City Clerk Tina Allard, Parks and Recreation
Director Michael Hecker, and Senior Administrative Assistant
Jennifer Johnson
Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:34 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 0 1119/2016 Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the January 19, 2016, agenda. 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 January 4, 2016, minutes.
4.2 Check Register, checks numbered 9834 and 95052-95226 as outlined in
the staff report.
4.3 Pay Estimates as outlined in the staff report.
4.4 Board & Commission Attendance Policy as outlined in the staff report.
4.5 Tobacco License renewal for The E-Cig Palace, 13493 Business Center
Drive NW, valid January 20, 2016 through December 31, 2016.
4.6 Petition, Waiver, and Agreement for 12065 Highland Road.
4.7 Pay Equity Compliance Report.
4.8 Resolution 16-05 approving a monetary donation from Zimmerman
Fire Department for park maintenance operating supplies.
4.9 Appoint Dylan Church as the local high school student representative
for the William H. Houlton Farm Property Planning Committee.
City Council Minutes
Januar�T 19, 2016
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 Margaret Barsody,
Volunteer of the Month for January. He noted the following volunteering
accomplishments of Ms. Barsody:
■ Former volunteer piano player at the Church of Saint .Andrew
■ 20 -year member of the Friends of the Library committee
■ Volunteer with the Stephen Ministry at the Church of Saint Andrew
Page 2
■ Piano and organ player for weekly mass at the Guardian Angels Care Center
■ 8 -year volunteer at the St. Andrew Parish Elementary School and Parker
Elementary School
7.1 Patroot Convertong jobs Incent6ve Microloan Program
Ms. Othoudt presented the staff report. She indicated Mikayla Hout from Springsted
was available to answer questions.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz
closed the public hearing.
Councilmember Westgaard indicated this item was reviewed by both the EDA
Finance Committee and approved by the Economic Development Authority earlier
that evening, noting Patriot Converting's request was a good fit for this microloan
program.
Councilmember Wagner agreed with Councilmember Westgaard, stating she was in
support of approving this loan in large part because it would provide 22 jobs to the
community.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the Patriot Converting, Inc., Jobs Incentive Microloan as outlined
in the staff report.
Motion carried 5.0.
8.1 Massage Licensing Or6nance
Ms. Allard presented the staff report.
City Council'lfinutes
Januali, 19, 2016
Page 3
Commissioner Westgaard indicated this revised ordinance as presented is consistent
with what was discussed at a previous worksession.
Councilmember Wagner praised Ms. Allard for her tedious and thorough review of
this ordinance and appreciated her efforts in revising and bringing it up to date.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 16-02 repealing Chapter 38, Article VI and
replacing it was a new ordinance regarding licensing and regulation of
therapeutic massage of the City of Elk River, Minnesota, City Code, as
outlined in the staff report.
Motion carried 5-0.
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to adopt Resolution 16-06 approving notice of summary publication of
Ordinance 16-02, an ordinance repealing Chapter 38, Article VI and replacing
it with a new ordinance regarding licensing and regulation of therapeutic
massage of the city of Elk River, Minnesota, City Code, as outlined in the
staff report.
Motion carried 5.0.
8.2 Request by Ronald Dargis and James Burgoyne to Vacate the Portion
of York Street located North of Main Street NW
Mr. Leeseberg presented the staff report. He indicated staff is recommending denial
of the proposed street vacation as laid out in the resolution of denial included in the
staff report. He stated along with the findings of fact as outlined in the resolution of
denial, staff didn't identify, the street vacation request was in the public's interest, the
Department of Natural Resources (DNR) opposed the vacation, and the Parks and
Recreation Master Plan identifies connections to the rivers/water as an important
community interest, and because of these facts recommended to the council the
denial of the street vacation.
Counsellor Beck stated that per the Council's request, he drafted two resolutions;
one granting the applicant's request to vacate the street with language for the
findings of fact provided by the applicant's attorney; the other resolution denying the
request for street vacation with his suggested findings of fact. He indicated the
Council should review the findings of fact to consider whether some findings need
to be stricken or supplemented before passing either resolution.
Mayor Dietz stated he was criticized for having read a prepared public statement at
the last meeting, saying he didn't listen to what the people were saying or cared about
the petition. He stated he was aware of the petition but he didn't feel this request was
a popularity contest but was really about the law. He stated the law states there has to
be a public good for the city to give up public property. He said he had also heard
P0WEAEn a 41
ATVR
City Council Minutes
January 19, 2016
Page 4
that this property had not been used for 40 years. He indicated that 99.9% of Elk
River residents probably did not know this was public property. He felt $150 does
not meet the intent of the public purpose law. He stated he would not support
granting the street vacation.
Councilmember Burandt stated she was in favor of the street vacation and felt this
property, by vacating it, would result in a public good, as it would go back on the tax
rolls. She didn't feel there was a specific amount of money that this definition needed
to meet. She felt it important to remember that the road in question is an easement,
which is different from city property. She felt a public good has been identified and
would support vacating the property.
Councilmember Westgaard stated Councihnember Burandt made a good point in
remembering this property is an easement and not public property. He agrees as well
that no matter the amount, placing this land back on the public tax rolls shows it's a
benefit to the city. He asked if the law requires the property be split equally in half
between the two adjoining properties, and if so, ones driveway isn't a five-foot
setback and could that matter be resolved between the two property owners.
Counsellor Beck stated the property would need to be split equally in half and that
could be resolved between the two property owners by a transfer of all or a portion
of the vacated right-of-way or by an application for a variance.
Councilmember Westgaard also commented that he did not expect anything less
from the DNR regarding their response to this request but the DNR's letter also
states to notify them with the decision the council makes. He stated he supported
this request and in support of the resolution granting the vacation.
Councilmember Olsen stated he considered this property to be a city asset and to
protect that, and because of that, he is not in favor of granting the street vacation.
Councilmember Wagner stated she spent a considerable amount of time reviewing
both sides of this request and feels she understands both sides. She stated each
situation brought before the Council is taken on a case-by-case basis, and that each
case has its own sex values and this would not set precedence. She stated she
appreciates the what -if scenarios that staff proposes, as much of what a Council
decides affects future councils and residents. She is in favor of vacating the property,
as she does not see the immediate or near -future benefit for the city to hold onto the
property, and little as the added tax dollars are, she felt it still adds to the bottom
line.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 16-07 granting a petition to vacate a public street
as outlined in the staff report and based upon the following Findings of Fact:
A. Minnesota Statutes, Section 412.851, allows for the vacation of a
public street if it appears in the interest of the public to do so.
fUR
City Council Tlinutes
January 19, 2016
Page 5
B. The Council finds that it is in the interest of the public to vacate
the portion of York Street described in Exhibit A because
vacation of this public street will:
(1) Eliminate possible lawsuits due to hazardous structures
at the shoreline, and injuries and drownings due to lack
of proper city supervision.
(2) Eliminate snowmobiles entering and exiting Lake
Orono.
(3) Eliminate the shoreline being used in an improper, lewd
and unlawful manner.
(4) Eliminate parking on the city easement.
(5) Prevent increased traffic and parking on Main Street.
(6) Eliminate city maintenance and clean up on the
easement.
(7) Increase the real estate taxes on the property due to the
fact a city road easement is not taxed, but a vacated
street is taxed to the adjoining property owners.
(8) Finalize city and property owner's rights so that there
will not continue the tremendous time expended by the
staff and the City Council for the hearings on this
vacation matter.
Motion carried 3-2 with Mayor Dietz and Councilmetnber Olsen opposing.
8.3 Support for the Minnesota Broadband Vision
Ms. Othoudt presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 16-09 supporting the Minnesota Broadband Vision
Created at the Minnesota Border to Border Broadband Conference by
Conference Attendees as outlined in the staff report.
Motion carried 5-0.
Council recessed at 7:17 p.m. in order to go into work session. The meeting reconvened at
7:24 pm.
9.1 Pedestrian Easement (From Open Forum 114/2016)
Mr. Carlton presented the staff report. "f'he homeowners, Harold and Valerie
Williams, were present during the discussion and provided input and background.
They indicated that when the path was first constructed, it was not made of asphalt
due to its close proximity to a wetland, and over the years has deteriorated. They
stated a maintained asphalt path would benefit the neighborhood as many families
with young children live in the area and utilize the path for foot traffic to and from
school. They also wished more trail connections be available citywide.
P 0 W E A E 6 A l
ATUR
City Council Minutes
January 19, 2016
Page 6
Councilmember Westgaard asked if this request should be presented to the Parks
and Recreation Commission.
Mr. Hecker stated when he first began working for the city, attempts were made to
maintain the trail but it was difficult since it was grass. He agreed that the Parks and
Recreation Commission should offer their recommendations.
Mr. Carlton indicated a bituminous trail could be allowed and would not interfere
with the wetland, but noted the environmental department will need to evaluate the
final plan.
Councilmember Wagner asked about trail connections as an important component
of the Parks Master Plan and requested staff contact the school district to determine
if this trail was in the best spot considering their construction of the new gym off the
high school.
Councilmember Westgaard suggested contacting the school district to discuss trail
location and if this served as the best connection to school property.
It was the consensus of the council to bring this item to the Parks and Recreation
Cotmtnission at its next meeting on February 10, 2016, and provide an update to the
council with their input.
9.2 Miske Meadows Concept Review
Mr. Carlton presented the staff report.
Don Jensen with Paxmar, LLC, presented a PowerPoint Presentation.
Councilmembers Burandt and Wagner expressed concerns with the challenges and
possible dangers of increasing traffic on Twin Lakes Road.
Councilmember Westgaard expressed concerns with the density of the development,
street layouts, smaller lots sizes than proposed in the original plan unit development,
connections to developments not yet completed, and details that tie the entire region
together.
Councilmember Wagner discussed the current issues regarding overcrowding at
Twin Lakes Elementary and impacts development in the area could have on the
school district. She also asked if input from school districts was necessary. She has
high concerns with the traffic impact on an already busy area and felt it important
this be evaluated by engineering staff
Councilmember Burandt stated she felt this development was appealing with a
mixture of lot sizes and the concept would be attractive to the area and a positive for
resale value.
P 0 1 E B E 9 6 r
ATUR
City Council Minutes Page 7
January 19, 2016
l\ir. Jensen thanked the council for their feedback and evaluation of the proposal.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:44 p.m.
Minutes prepared by Jennifer Johnson.
rI
%a'
J n J. ietz, P44or
Tina Allard, City Clerk
ATU