02-01-2016 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, February I, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Porner, Finance Director Tim Simon,
Planning Manager Zack Carlton, City Attorney Peter Beck, Police
Chief Ron Nierenhausen, Deputy Clerk Jessica Miller, and City Clerk
Tina Allard
Gall Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:44 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
Consider 2/1/16 Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the February 1, 2016, agenda. 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 January 19, 2016, closed minutes and January 19, 2016, regular minutes
4.2 Check register, check numbers 9835-9837 and 95227-95384 as outlined
in the staff report.
4.3.A Special event permit to Elk River Area Chamber of Commerce for
Shiver Elk River, scheduled for February 19 and 20, 2016, 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 the property owners to
notify. Event planner must submit an affidavit that the notice was
distributed.
2. Tents must meet applicable state and fire building code
requirements. No stakes shall be pounded into the pavement.
Applicant is responsible for contacting the fire marshal at
City Council Minutes
February 1, 2016
Page 2
763.635.1110 or 763.238.3489 to schedule an inspection prior to
opening of the tents.
3. Applicant shall be responsible for garage clean-up immediately
following the event.
4. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
permitted. It is each runner's responsibility to ensure the
streets/intersections are safe prior to crossing.
5. Applicant must contact Police Captain Darren McKernan
(763.635.1202) at least three weeks prior to the event to arrange for
police reserves and advise who will be guarding the hole in the ice
on Lake Orono.
6. Race marshals shall be provided at the intersections as outlined in
the application.
4.3.13 Temporary on -sale liquor license to the Elk River Lions Club for
Shiver Elk River scheduled Saturday, February 20, 2016.
4.4 Contract 16-01 an Agreement with Ultimate Software Group, Inc. for
Human Resources Information System software.
4.5 Amend Snow and Ice Control Policy as noted in the staff report.
4.6 Special event permit to ERX Motorpark/Red Bull Snow Boundaries
for Saturday, February 20, 2016 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 and a list of the properties to be
notified. The event planner must submit an affidavit that the notice
was distributed.
2. Event planner must coordinate traffic control and security with the
Police Department and MnDOT. The applicant is responsible for
fees associated with police personnel on site the date of the event.
3. No vehicle shall impact ground cover. If there is not sufficient
snow cover to avoid impacts, that part of the track shall be closed.
4. No vehicle shall be taken over open water. If there is not sufficient
ice cover to avoid impacts, that part of the track shall be closed.
5. Inspection of the outside area will take place prior to each outside
event when there is a tent. Applicant must contact Fire Marshal
Cliff Anderson at 763.635.1110 or 763.238.3489 to schedule an
inspection after the tent area has been set up.
6. No electrical services shall be across any drive or walking surface.
4.7 Amend Contract 15-11, an Amendment of Agreement for Professional
Services to hire Spohn Ranch Skateparks to design Orono Park Skate
Park.
4.8 Amend Contract 15-09, an Amendment of Wastewater Treatment
Facility Bio -Solid Lease Agreement.
4.9 Expansion of Elk River Municipal Utilities water treatment plant at
18513 Twin Lakes Road.
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February 1, 2016
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4.10 Contract 16-02, Master Labor Agreement between the City of Elk River
and Law Enforcement Labor Services Local #231 for January 1, 2016 to
December 31, 2018.
4.11 Staff directed to proceed with rezoning certain parcels as outlined in
the staff report.
Motion carried 5-0.
S. Open Forum
Gary Santwire, 200 5th Street — Stated he is part of an organization in town that has
commercial real estate and noted the group pays over $300,000 in real estate taxes.
He stated the group was frustrated with the Council's decision made on January 19,
2016, for the easement vacation they granted to Ronald Dargis. He stated it was not
in the public interest to add this back to the tax rolls. Mr. Santwire stated a
homeowner who has a tax bill of $3,000 a year will have their taxes reduced by 2
cents. He stated for the $300,000 that his group pays in taxes; they will get 57 cents
back. He stated no reasonable person or court would believe this 2 cent tax
reduction should give up one of the only lake right-of-ways remaining is in the
public's best interest.
6.1 County and City Prosecutor Update
Sherburne County Attorney Kathleen Heaney and City Prosecutor Scott
Baumgartner provided an update of 2015 prosecuting activities, as noted in the staff
report.
Ms. Heaney handed out resources for veteran's and drug disposal services.
They discussed the professionalism of the Police Department and how easy they are
to work with on cases.
7.1. Massage Therapist License — ChunXing Lin
Ms. Allard presented the staff report
Mayor Dietz opened the public hearing.
Ivan, representing the applicant — Stated he was speaking on behalf of the applicant,
because Mr. Lin spoke limited English. Ivan read a statement prepared by the
applicant. The statement included the following information:
After he (Mr. Lin) paid tuition to the school he attended, they offered for
him to sign up for online classes. He chose online classes due to his busy
schedule. He stated he completed classes online with a test after each subject.
He stated when he completed all the classes, he was given a diploma. He
stated he applied for and was approved to be a therapist in other cities and
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February 1, 2016
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he has experience as a massage therapist. He stated he read the classroom
material and does qualify for a license.
Ivan stated the same information that was submitted to Elk River was also submitted
to other cities for a license application.
It was noted the applicant worked in the State of Georgia and is working in the City
of Ramsey.
Mayor Dietz clarified that staffs investigation determined that the diploma and
transcript are not valid.
Mayor Dietz asked staff if the online class would have been handled differently
Ms. Miller stated Ms. Bontrager was the official record keeper for the school and she
commented, per phone conversation, that she would have records for Mr. Lin
whether he attended classes in person or online.
Mayor Dietz stated the burden of proof would be on the applicant to show he has
the licensure.
Attorney Beck stated the applicant would need to provide the required educational
component to meet city ordinance. He further noted that the applicant apparently
submitted fraudulent documents.
Mayor Dietz closed the public hearing.
Councilmember Westgaard stated if the applicant can't show he meets the
requirements for a massage therapist license per the city code, then Council has to
deny the request for a license.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 16-10 denying a massage therapist license to
ChunXing Lin. Motion carried 5-0.
7.2 HiTech Motorsports Inc. Hearing to Revoke Conditional Use Permit
Mr. Carlton presented the staff report. Mr. Carlton noted they received photos of
vehicles being worked on outside and vehicle being stored outside. He reviewed each
of the photos and noted they were resolved quickly by Hitech. He reviewed the four
areas of non-compliance as outlined in his staff report and the options available for
Council in acting on this item.
Mayor Dietz opened the public hearing.
Bart Wells, Hi Tech Motorsports — Reviewed the photos stating these were due to
rare issues; such as steering problems and overheating,
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City Council Minutes
February 1, 2016
Mayor Dietz closed the public hearing.
Page 5
Mayor Dietz stated he appreciated the sincere efforts of Mr. Wells to try and remedy
the concerns of the neighborhood and he would not vote to revoke the conditional
use permit.
Councilmember Wagner, Westgaard, and Olsen concurred.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to terminate enforcement proceedings regarding the revocation of
HiTech Motorsports, Inc. Conditional Use Permit, Case No. CU 06-12.
Motion carried 5-0.
8.1. Multipurpose Community Center Progress Update
Adam Barnett, JLG Architects, provided the update as outlined in the staff report.
8.2 Work Session Items
Mr. Portner presented the staff report.
9.1 Council Liaison Updates
Council provided updates on the various boards.
Council recessed at 7:51 p.m. in order to go into work session.
Council reconvened at 8:00 p.m.
10.1 Visioning Update
Mr. Carlton presented the staff report.
Council comments:
• Have a city day at schools create a mock meeting and tailor the agenda to them.
Once a year event.
■ Have a kid day (younger kids) with Council, police, and fire departments.
■ Discussion over elimination of newsletter. Councilmember Olsen feels it should
be kept. Mr. Pormer noted information is distributed more timely in the local
newspaper.
• B11 regarding tree ordinance should be addressed.
■ D7 & D8, addressing housing needs and design standards, should be a priority
now that the Housing Study has been completed.
• Pedestrian friendly trails that don't compete with traffic are important and
should be included in future action steps/goals.
• Ridges of Rice Lake connection to Great Northern Trail and the downtown.
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February 1, 2016
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Direct staff to update the Visioning Plan with goals and cost estimates for 2017.
V L Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:20 p.m.
Tina Allard, City Clerk
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