4.1. DRAFT MINUTES (2 SETS) 05-02-2016 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, April 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 Manager Zack Carlton, Parks and Recreation Director
Michael Hecker,Engineer Justin Femrite, City Attorney Peter Beck,
and Senior Administrative Assistant/Recording Secretary Jennifer
Johnson
I. Call Meeting to Order
Pursuant to due call and notice thereo;. e meeting of the Elk River City Council
was called to order at 6:32 p.m. by Mayor Dietz. .=
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 04/04/2016 Agenda`",
Mayor Dietz added items 8.6 Pinewood Stipulation of Settlement and 6.1 Volunteer
Recognition Day to the agenda.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the April 4, 2016, agenda, with the addition of items 8.6
Pinewood Stipulation of Settlement and 6.1 Volunteer Recognition Day.
Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the following consent agenda:
4.1 Minutes
■ March 21, 2016, Closed
■ March 21, 2016, Regular
■ March 30, 2016, Closed
4.2 Check register, check numbers 9845-9846 and 96372-96510 as outlined
in the staff report.
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4.3.A. Special Event Permit for Zylstra Harley-Davidson for events scheduled
throughout 2016 as outlined in the staff report with the following
conditions:
1. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of
the notice that must be distributed and a list of property owners
to notify. The event planner must submit an affidavit that the
notice was distributed.
2. Inspection of the outside area will take place prior to each
outside event when there is a tent.Applicant must contact the
fire marshal at 763.635.1110 during business hours for an
inspection after the tent area has been set up.
3. The tent shall be removed within one day of the event and the
site returned to its previous condition.
4. Event parking may not obstruct public roadways or render
them unsafe for vehicle or pedestrian traffic.
5. If traffic becomes a problem around the temporary site, the area
shall be delineated with a barrier to restrict traffic.
6. No electrical services shall be across any drive or walking
surface.
7. All temporary signs shall receive a permit prior to display.
8. Alcohol sales/service must comply with all applicable local and
state laws.
4.3.B. Special Event Permit for the Officer Besser Memorial Sunshine 5K
scheduled for May 14, 2016, with the following conditions:
1. The event planner is required to notify all property owners
abutting the race route. The city will provide a template of the
notice that must be distributed. The city will also provide a list
of the property owners who must be notified. Event planner
must submit an affidavit that the notice was distributed.
2. 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 closing. The applicant
shall designate race marshals to monitor the race route and
participants.
Race marshals shall staff the following intersections:
■ Mississippi Road and Boston Street
■ Mississippi Road and Concord Street
■ Mississippi Road and Denver Street
■ Mississippi Road and Fresno Street
■ Gary Street crosswalk to Orono Park
3. ERPD will provide two reserve Police officers/ community
service officers to assist with traffic control for the race.
Applicant must contact Police Captain Darren McKernan
(763.635.1202) at least three weeks in advance to arrange for
police reserves. Those officers will be at Orono Road and
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Mississippi Road,Joplin Street and Business Center Drive, and
at the end of the race City Hall complex crosswalk.
4. The race staging area is the '/2 circle in front of the Police
Department/Fire Department (see map). Everything must be
removed from the staging area by the end of the day.
■ Participants are to gather in the staging area.
■ Vendors to be in staging area on black top.
■ Participants are not to block the main City Hall complex
entrance near Officer Besser's tree.
■ Participants are not to block the Police or Fire
entrances.
■ Participants are not to park in the Library parking lot.
Participants may park in the City Hall complex parking
lot or on Orono Parkway.
■ The city will provide orange cones to block off the
staging area.
5. Portable toilets will be allowed behind city hall near the
trail/lake but must not block the trail and must be removed the
day of the event.
6. Applicant shall be responsible for garbage clean-up
immediately following the race. Applicant may bring in
additional trash receptacles to the park and city hall campus
but they must be removed no later than Monday morning.
7. No paint allowed anywhere on trails. Chalk or cones may be
used.
4.4. Tobacco Related Products License to Elk River Vape Shop Inc., 13493
Business Center Drive,valid through December 31, 2016, with the
following condition:
■ No smoking shall be allowed in the Elk River Vape Shop unless
city staff verifies the ventilation requirements outlined in the
city code have been met.
4.5. Approve Additional Professional Service Fee Requests for additional
engineering services as outlined in the staff report for the following
amounts:
■ 2015 Street Improvements - $20,233
■ Eastern Area Trail and Mobility Improvements - $3,677
4.6. Cost Share Agreement between the City of Elk River and County of
Sherburne for Election hardware, Software, and Related Services as
outlined in the staff report.
Motion carried 5-0.
S. Open Forum
Troy Bondy,Area Director at Timber Bay,introduced himself and the organization
and distributed information regarding the Timber Bay mission,program, and camp
offerings.
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6.1 Volunteer Recognition Day
Mayor Dietz announced that April 5, 2016,was Mayor and County Recognition Day
for National Service. He wished to publically acknowledge and thank all volunteers
working in Elk River for giving their time and service, noting without them,the city
would not have achieved everything they have without the work of volunteers.
7.1. Paxmar- Miske Meadows
■ Conditional Use Permit to Establish Planned Unit Development
■ Preliminary Plat for Miske Meadows
Mr. Carlton presented the staff report. He requested the Council open and continue
the public hearing for the Conditional Use Permit and Preliminary Plat to May 2,
2016.
Mayor Dietz opened the public hearing. There was no one present to speak to this
item.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to continue the public hearing for Paxmar's request for a Conditional Use
Permit and Preliminary Plat for Miske Meadows to May 2, 2016.
Motion carried 5-0.
8.1. Multipurpose Community Center Progress Update
Adam Barnett with JLG Architects representing the design team working with the
steering committee for a multipurpose community center feasibility study provided
an update with a PowerPoint. He outlined the results from weekly steering
committee meetings for potential site layouts and current building remodel options
for a multipurpose community center. He indicated the next steps are developing the
design of the new facility and finalize financial models for the options presented,
along with generating a report of estimated operating and maintenance costs for each
site including utilities and staff.
Mayor Dietz asked questions regarding the site location near Hales Field and if the
school district has been contacted regarding field displacement.
Mr. Barnett indicated the school district has not been contacted yet as the site
location is still undetermined but costs regarding replacement would be included in
the overall budget cost.
Mayor Dietz asked about the soil conditions at Lions Park Center.
Mr. Barnett indicated they used soil data taken previously at Lions Park Center and
based on that information, they recognize the costs would be higher to build there.
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Mayor Dietz asked if the playground would be affected by the site being located at
Lake Orono.
Mr. Barnett stated the playground at Lake Orono would not be affected but the four
softball fields would be affected.
Mayor Dietz indicated a business came forward to propose building a banquet
facility and if that becomes a reality,it may change the outcome and focus of this
project.
Mr. Barnett indicated the steering committed discussed this possibility, noting the
proposal brought forth from this business owner would seat up to 200 people. He
stated the city's project would likely accommodate up to 400 people,providing a
different scope and target audience for larger events such as conventions and
weddings.
Councilmember Wagner stated the steering committee was not ready to make any
recommendation for a site or a remodel of a current site, noting the information
presented tonight was conceptual. She asked when considering a site that
consideration be given to its impact on boosting economic development in Elk
River. She asked to consider if the proposed location would revitalize an area or
bring in more development to the community, or would a banquet facility bring
others into the community and find profit off its potential.
8.2. Resolution for Findings of Fact — Interim Use Permit Request by The
Briggs Companies
Mr. Carlton presented the staff report.
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to approve Resolution #16-20 approving the request for a three
year interim use permit allowing operation of an extended stay hotel on the
property located at 17432 Zane Street NW with the following conditions:
1. The applicant shall cooperate with, and not object to, a city
initiated rezoning of the property from C-3 Highway
Commercial to R-4 Multiple Family Residential (or similar)
which will bring the zoning of the property into consistency
with the land use designation of the property as identified in
the City of Elk River Comprehensive Plan.
2. The Applicant shall, by May 4, 2016, apply to the city for a
rental license for the property and shall promptly complete all
necessary repairs and other requirements for issuance of a
rental license. This IUP shall expire, by its terms, if a rental
license is not in place for the property on July 5, 2016. The
rental license shall be maintained continually during the
duration of the IUP.
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3. The applicant shall, by April 4, 2017, submit a complete
application for all approvals required to convert the property to
a multi-family use allowed in the R-4 (or similar) zoning
district. This IUP shall expire, by its terms, if such a complete
application is not received by April 4, 2017.
4. The applicant shall, by April 4, 2019, complete all improvements
necessary to use the property for a use allowed in the zoning
district and shall have been issued a certificate of occupancy for
a use allowed in the R-4 (or similar) district by April 4, 2019.
5. This Interim Use Permit is good for three years and, if it is still
in effect on April 4, 2019, shall expire on that date without any
further action of the city.
6. The front desk shall be staffed Monday through Friday from
gam to 4pm.
7. Outside storage is not permitted.
8. The Interim Use Permit is not a building permit and the
applicant must apply for and receive approval of required
building and sign permits before any construction may begin.
9. The property shall meet all current fire, building, and
international property maintenance codes.
10. The property must be licensed by all appropriate state and local
agencies for the duration of the Interim Use Permit.
This Interim Use Permit shall also expire,without any further
action by the city, if the use authorized here in ceases for more
than six months.
Motion carried 5-0.
8.3. Quiet Zone Project Update and Plan Approval
Mr. Femrite presented the staff report. He requested direction from the council on
installing supplemental safety measures (SSMs) at County State Aid Highway
(CSAR) 1 or continuing with the previous option of installing wayside horns. The
options presented for SSMs at this intersection included installation of a 4-quad gate
system or the widening of the roadway and construction of a raised median. Mr.
Femrite indicated he had a positive meeting with the property owners who would be
most affected if widening the roadway and constructing raised medians were to be
selected. He requested property assessed values from the county and should receive
those later in the week and would contact the other affected property owners.
Mayor Dietz asked if the county wanted to make improvements this year and if so
was there an urgency to get this completed.
Mr. Femrite indicated the modifications of this roadway,which would include road
widening work and resurfacing,were estimated to be completed by 2018. He
discussed the Highway 10 bridge project taking place in 2017,which will add
additional construction traffic in this area. He stated based upon the work already
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taking place at some of the peripheral crossings he would approach BNSF and
request a partial quiet zone status when those locations are completed.
Mayor Dietz asked about the financing options to Mr. Simon,who reviewed the 10-
year and 4-year note options.
Mayor Dietz asked when he needed the council to make a decision.
Mr. Femrite indicated a decision sooner than later would be best. He stated he could
set into motion what needs to be requested specifically from BNSF so the
appropriate agreements be drafted. He asked the council if they would like the SSMs
to be considered on CSAH 1.
Mayor Dietz and Councilmember Wagner asked for clarification on the 4-quad gate
system,which Mr. Femrite provided.
Councilmember Westgaard stated the 4-quad gate system ensures a better safety than
wayside horn and an incremental step for a safer intersection and believes it would
be less expensive than originally proposed.
Mr. Femrite agreed, stating he is comfortable saying the cost for SSM installation at
the CSAH 1 crossing would be under $1 million dollars.
Councilmember Westgaard stated his preference would be to provide the same
precautions on CSAH 1 as the six other city crossings, noting vehicles and
pedestrians make this a heavily traveled intersection. He stated he supports adding a
SSM to a city-wide quiet zone.
Councilmember Burandt stated she agreed with Councilmember Westgaard.
Mayor Dietz indicated he was nervous if an accident were to occur at the heavily
traveled CSAH 1 intersection if there was only a wayside horn and not an additional
4-quad gate system or a raised median installed. He stated that Federal Rail could
take away the city's quiet zone designation. He noted the benefit of having the funds
from the State of Minnesota pay for the 4-quad gate system at Main Street and
Jackson Street and because of those cost savings,it did not make sense to him to
take a cheaper route and assume nothing else would happen in the future. He
supports the supplemental safety measures on CSAH 1.
Direction was given to pursue a SSM for the CSAH 1 crossing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Grade Crossing Signal Installation Agreement between
the city and BNSF Railway Company for improvements at Main Street and
Jackson Street as outlined in the staff report.
Motion carried 5-0.
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8.4. Rivers Edge Commons Park Expansion Bids
Mr. Hecker presented the staff report and presented a PowerPoint. HKGi
representative Paul Paige was available to answer questions.
Councilmember Westgaard asked for clarification if the alley would remain next to
Sunshine Depot. He also stated he did not think there would be any loss of parking
spots.
Mr. Hecker indicated the alley would remain, allowing traffic into the back lot behind
Sunshine Depot. He stated the concept plans were not able to specifically determine
how many parking spots would be lost,and although they are losing five, two
parking spots would be added on the other side of the lot, as indicated in the parking
lot study.
Councilmember Westgaard explained that the engineers estimate for this project was
$428,700 and with planning and design fees spent, $382,000 remains for this park
expansion and asked what could be constructed for that amount. He stated he was
trying to understand what pieces and parts of what was already submitted and he was
trying to follow
Mr. Paige stated the scope of the project changed during the construction meetings
and staff determined the west staircase would be an important park expansion piece
to include,which would greatly assist pedestrian movement in the park. Mr. Paige
suggested asking for two sets of alternative bids; a price on the west staircase as an
alternate bid, and a price for future electrical and lighting components. He indicated
they received figures that are more competitive by bidding it the way they did, and
stated the base bid did include the west staircase plaza. Also,Mr. Paige was
concerned with the $82,000 figure received for a set of lighted handrails and found
the apparent low bidder had checked with one handrail supplier; therefore,he felt
they could exclude that item from the original bid and find on their own a more
competitive price for handrails.
Councilmember Westgaard asked why the city would purchase the stone versus
including it in the contract.
Mr. Paige stated in his experience there could be concerns when trying to match
items like stone and because they had a good relationship with their stone supplier,
they would provide the same type of stone as they provided the stone when the park
was originally constructed. The supplier would refine the steps and provide a flatter
surface to the tops of the stones, as they will be cut top and bottom. The new stones
will be placed in the center of the park, reusing the older stones to the east and west
of the park,providing a more rustic look on the ends but more refined for seating in
the center of the park.
Councilmember Westgaard asked Mr. Simon about the differences in fund
allocations.
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Mr. Simon explained the original allocation was based upon HKGi's estimates and
now the amounts are based upon the bids that came in as they relate to the work.
Councilmember Burandt expressed her concerns with the expansion's effect on the
church parking spaces and asked questions about the parking lot and space
relocation, and Mr. Paige clarified the parking changes.
Councilmember Wagner and Westgaard asked for clarification on what was included
in each line item and where the additional funds will be coming from.
Mr. Hecker and Mr. Paige outlined the base bid amounts,Alternate 1 and Alternate 2
amounts. Mr. Simon explained the internal loan funding.
Mayor Dietz stated he was in favor of approving the base bid amount plus Alternate
1 and felt Alternate 2 was less important, stating the stairway and upper plaza were
important items.
Councilmember Westgaard asked what the staff and commission felt was their
priority and asked if the electrical work could be added in the future.
Mr. Hecker indicated staff felt the priority was in favor of the base bid and Alternate
1.
Mr. Paige indicated for a minor amount that you could add conduit costs to allow for
future work.
Councilmember Westgaard asked how long the contractor's bid amount number is
valid and would that violate state statute.
Counselor Beck indicated it would be problematical if the council did not act on the
bids at this time but indicated by not accepting the alternative bids wouldn't preclude
them from moving ahead with this or any other contractor.
Councilmember Westgaard stated his preference would be to proceed with base bid
and Alternate 1. He stated it would be an injustice to the project not to include the
west stairway and other amenities that are provided by Alternative 1.
Councilmember Wagner indicated she would like to stick to their budgeted number
by possibly eliminating the upper plaza work but still include a simple green space to
allow for more use during the year and not just during the concerts as well as retain
parking spaces.
Mr. Paige felt leaving the area a green space may cause safety concerns due to the
slope but stated not including the upper plaza would take away from the original
park experience,which provided a popular overlook. He indicated it could be done
and would like to receive council direction on how to proceed if they did want the
upper plaza work removed. He stated a large cost is the ornamental railing.
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Councilmember Wagner stated at one point it was discussed the electrical boxes be
removed and asked is there would be a disruption to the downtown businesses.
Mr. Hecker stated there would not be any disruptions to the downtown businesses
and Elk River Municipal Utilities has already done some work with electrical boxes.
Councilmember Wagner asked about general construction traffic.
Mr. Paige does not anticipate any affect to the downtown businesses other than
general construction .
Moved by Councilmember Olsen and seconded by Mayor Dietz to award the
contract of the Rivers Edge Commons Park Expansion to Sunram
Construction Inc. for the base bid amount of$255,610 and authorize staff to
purchase stone for $50,000 for a total amount of$305,610 as outlined in the
staff report.
Motion carried 5-0.
Moved by Councilmember Olsen and seconded by Mayor Dietz to accept
Alternate 1,which includes the addition of the west staircase and upper plaza
for the contract amount of$46,244 and an additional $35,000 to purchase
handrail and an 8% contingency for a total project cost of$87,744 as outlined
in the staff report.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to reject Alternate 2, which includes the addition of site and parking lot
lighting, wifi and other electrical upgrades, for the contract amount of$75,345
and an 8% contingency for a total project cost of$81,373.
Motion carried 5-0.
8.5. Discuss Work Session Items
Mr. Portner presented the staff report.
Councilmember Burandt asked if there was a street sign program for posting animal
crossing signs.
Mr. Portner stated he would check with staff and provide an update to the council.
8.6. Pinewood Golf Course Litigation
Tom Scott, the attorney appointed by the LMC Insurance Trust and representing
the city in regards to Pinewood Golf Course,provided a proposed stipulation of
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settlement and a letter from him outlining the details of this case to the Council. He
indicated the matter was scheduled for trial on the following day. In anticipation of
trial,Mr. Scott stated he met with it the Council and as a result of those closed
meeting discussions, he was directed to initiate settlement discussions with the
Krause's, the result of which was before them this evening. He indicated the
proposed stipulation of settlement outlines the city paying$1,550,000 to the
Krause's,paying off the contract for deed and conveying the warranty deed, and the
dismissal of the lawsuit. He indicated this would place the city in the same position
as they were in when the lawsuit was filed in 2013, and if the case were to go to trial,
the city would face a potential judgment in an amount between$1.2 million and $1.5
million. This would include the possibility of the contract for deed being cancelled
and the property being returned to the Krause's. Mr. Scott indicated a Minnesota
Court of Appeals could throw the judgment out but the city would still lose the
money. He recommended the Council approve the settlement.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the Pinewood Golf Course stipulation settlement as
presented in the handouts.
Motion carried 5-0.
Mayor Dietz stated the city was currently in litigation in a separate but related matter
and the city is anticipating receiving a settlement from that litigation. He stated the
council has not had discussions with regard to the future of the Pinewood property.
10. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
The council adjourned to work session at 8:35 p.m. and the meeting reopened at 8:40
p.m.
9.1 Dock at Rivers Edge Commons Park
Mr. Portner presented the staff report.
Annie Deckert representing the Decklan Group, and Fred McCoy representing
McCoy's Pub,presented a PowerPoint proposing a portable floating dock
manufactured by MINNCOR placed on the Mississippi River in conjunction with
the improvements this fall to the Rivers Edge Commons Park. He indicated they
would like to have the city install a 6' square pedestal that would go over the river,
and some aluminum steps that would go down to the dock. He suggested the
approximately cost of$25,000 for the dock be split between private fundraising and
the city. He indicated both Chris Carlson of Sportech, the Decklan Group, and the
Downtown River's Edge Business Association favors the idea, as well as the DNR
Hydrologist Roger Stradal,who visited the area and identified the site as ideal for a
dock and supported the increased access opportunities to the river.
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Mr. McCoy provided the benefits of adding a dock to the area, stating they felt it
would increase recreational opportunities,public access, and benefit the downtown
businesses by providing the residents and visitors alike to enjoy the river and
downtown. Ms. Deckert provided comments that were received on the Downtown
Elk River Facebook page with people voicing their support for the dock.
Discussion was held regarding the total cost of the entire project,which included
initial preparation and grading of the land, shrub and tree removal to provide river
access, and the actual platform landing. DNR permits may be required, and the
council asked for the costs of staff time installing and removing the dock each year,
annual maintenance,upkeep and storage of the dock, and where these funds would
be obtained.
Mayor Dietz and Councilmember Westgaard indicated they wouldn't be opposed to
allowing some staff time to look into their proposal but stressed the concern with
how much staff time is required and what would the city's liability to adding this to
the park, as well as where the funds would need to suddenly appear.
It was the consensus of the council to allow staff to work with the Downtown
Group to answer these questions and provide input. Mr. Portner indicated he could
identify which staff would be able to assist.
Ms. Deckert indicated they have identified funds sources such as grants and
donations to help cover the cost of this project but the struggle is the land in
question is owned by the city and would like to receive consensus of the council to
allow them the opportunity to apply for these fund sources.
II. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:20 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,Mayor
Tina Allard, City Clerk
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VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, April 18, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Fire
Chief T.John Cunningham,Park Planner Chris Leeseberg, Planning
Manager Zack Carlton,Parks and Recreation Director Michael
Hecker, Economic Development Director Amanda Othoudt,
Recreation Manager Steve Benoit, Street Superintendent Mark
Thompson, City Attorney Peter Beck, Environmental Technician
Kristin Mroz, Park Maintenance Superintendent Tim Sevick, Building
Official Bob Ruprecht, and City Clerk Tina Allard
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meetin of the Elk River City Council
was called to order at 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegi, ce
The Pledge... Allegiance was recrted. '`:
3. Consider 4/18/16 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the April 18, 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 April 11, 2016, Board of Appeal Minutes.
4.2 Check register, check numbers 96511-96688 as outlined in the staff
report.
4.4 Pay estimates as outlined in the staff report.
4.4 Special event permit to Salk Middle School for a 5K walk/run
scheduled for Saturday, May 7, 2016, subject to the following
conditions:
1. The event planner is required to notify property owners abutting
the route. The city will provide a template of the notice that must
be distributed. The city will also provide a list of the property
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owners who must be notified. Event planner must submit an
affidavit that the notice was distributed.
2. 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
and intersections are safe prior to crossing.
3. Applicant shall be responsible for garbage clean-up immediately
following the event.
4. No paint allowed anywhere on trails. Chalk or cones may be used.
5. Applicant must contact Police Captain Darren McKernan
(763.635.1202) at least three weeks prior to event to arrange for
police services.
4.5 Peddler license to Faysal Hasan, Blaine/Anoka Ice Cream truck valid
through December 31, 2016.
4.6 Set Special meetings of the Canvassing Board for Primary Election,
Friday,August 12, 2016, at 8:00 a.m. and General Election: Monday,
November 14, 2016, at 8:00 a.m.
4.7 Transient merchant license for Allen Pantelis to sell kites, ground
spinners, wood carvings, etc., from the parking lot of Wash-n-Fill,
18296 Zane Street NW, weekends May through September, 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
be displayed in the grassy areas.
4. No electrical services shall be across any drive or waking 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. Trailer shall be no larger than 8x12.
8. No signage may be posted on the trailer.
9. Trailer to be parked overnight as shown on the site plan. Overnight
parking is limited to Friday through Sunday of the sales weekends.
4.8 Reaffirm Resolution 13-34 electing not to waive the statutory tort limits
for liability insurance.
4.9 Financial Policies Update as outlined in the staff report.
4.10 Planned Unit Development and Development Agreements for
Heritage Maples Senior Living.
Motion carried 5-0.
S. Open Forum
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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 April Volunteer of the
Month Marilyn Bina. He noted the following volunteering accomplishments:
■ Chamber of Commerce Board of Directors
■ Holy Trinity Church Council
■ Marketing for Holy Trinity Church
■ Time for CAER
■ Open doors for youth
■ Guardian Angels Board of Director
■ Guardian Angels Gala Committee member
6.2 Ambassador Program Coronations
Mr. Portner presented the staff report.
Elizabeth Lies,Ambassador,discussed the program's mission and purpose and noted
this is the first coronation.
The winning candidates spoke about their experiences, their likes, and school.
Mayor Dietz crowned the 2016 royalty and Council presented certificates and sashes.
6.3 Oath of Office - Firefighters
Fire Chief Cunningham presented the staff report. He discussed the first graduating
class of recruits and the time commitment required for the academy.
Mayor Dietz performed the Oath of Office to the following on-call firefighters:
■ Trent Collins
■ Michael Kaden
■ Michael Kelleher
■ Philip Luitjens
■ Justin Ryti
■ Anthony Seibert
■ Kenneth Tietz
Family members pinned firefighters with their badges.
Kecognition of Finance Director Tim Simon
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Chief Cunningham recognized Mr. Simon for his work with the Fire Relief
Association. He thanked Tim for his assistance throughout the years and presented a
plaque on behalf of the association.
Mayor Dietz stated people don't realize the work Tim put into his job as finance
director. He did a tremendous job at giving Council advice. He stated Tim is a very
nice person and great with citizen. He stated he would like to convince him to stay
but Tim is expanding his career and will be leaving big shoes to fill.
Councilmember Westgaard agreed and stated it was a pleasure to work with Tim and
he will be missed.
Councilmember Burandt stated Tim can explain money issues in an easy to
understand manner for everyone and she wished him well.
Councilmember Wagner stated she doesn't know how she could've gotten through
her first year as Councilmember without Tim. She commented on his integrity and
wished him the best.
Councilmember Olsen stated Tim was a great help in helping him to learn about city
finances and was very helpful with resident's questions.
Mr. Simon stated he is surprised and felt Elk River is a great place to work. He stated
the Finance Department is in great shape,it has been fun working here, and he
further thanked all the staff.
6.4 Introduction of New Employee: Planner BrieAnna Simon
Mr. Carlton introduced BrieAnna to the Council. He discussed her background and
what her current work would entail.
Ms. Simon thanked Council for the opportunity to work at the city.
Council welcomed Ms. Simon.
7.1. Kristin Pearo, 14239 190" Avenue, Conditional Use Permit for Private
Kennel
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve Conditional Use Permit, Case No. CU 16-08 for a private
kennel with the following conditions:
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1. The Conditional Use Permit shall not be recorded until all applicable
conditions have been 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 building shall meet all building and fire codes.
6. The private kennel shall be limited to five (5) animals over the age of 6
months. Additional animals will require an amendment to the
Conditional Use Permit.
7. Animal waste, on or off site, shall be disposed of per City Ordinance
Section 10-9.
8. The applicant shall receive a private kennel license from the city.
9. All animals must be licensed and vaccinated.
10. No dogs shall be allowed to run at large as outlined in Section 10-2.
11. No more than two (2) animals per supervisor shall be allowed outside of
the fenced area.
12. All dog waste shall be cleaned up immediately when dogs are off of the
subject property.
13. No dogs designated as dangerous or potentially dangerous are allowed to
be kept at the kennel and keeping of a dangerous or potentially dangerous
dog shall be grounds for revocation.
Motion carried 5-0.
7.2 Rick Haugland, 21475 Highway 169
Rezone Property from CRT (Commercial Reserve Transition) to C3
(Highway Commercial)
Conditional Use Permit for Auto Body Repair Facility
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing for both the rezoning and the conditional
use permit. There being no one to speak to these issues,Mayor Dietz closed the
public hearing.
Councilmember Westgaard questioned if the applicant is aware of the legal non-
conforming use and how it can cease to exist and the 13 conditions outlined in the
report.
The applicant indicated yes.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 16-06 amending the City of Elk River Zoning Map
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to rezone certain property from Commercial Reserve Transition (CRT) to
Highway Commercial (C3). Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve Conditional Use Permit, Case No. CU 16-09 with the
following conditions:
1. The CUP shall not be recorded until all applicable conditions have been
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 building shall meet all building and fire codes.
6. The building shall be inspected by the city's Building Official and Fire
Marshal to verify compliance with all building and fire codes.
7. All septic systems must provide a certificate of compliance or notice of
noncompliance, for the existing septic system, and must be signed by a
licensed inspection business or by a qualified employee certified as an
inspector who is authorized by the local unit of government. The
certificate of compliance or notice of noncompliance must be submitted to
the local unit of government no later than 15 days after any compliance
inspection.
8. The outdoor parking area shall be completely enclosed with a six foot tall
privacy fence. Chain link fencing with vinyl slats are not permitted.
9. All operations must occur within the 2,407 square foot building. There
shall be no repair or maintenance of vehicles outside of the building.
10. All comments in the Environmental Memo dated 3-11-16 shall be
considered.
11. All comments in the Engineering Division memo dated March 15, 2016
shall be addressed.
12. All comments in the Minnesota Department of Transportation District 3
memo dated March 15, 2016, shall be addressed.
13. Car, truck, RV, and marine sales shall not be allowed.
Motion carried 5-0.
7.3 ER Crossing Properties, LLC - 18200 Zane Street NW, Ordinance
Amendment to Allow Additional Menu Board Signs in Drive-thru
Lanes
Mr. Leeseberg presented the staff report. He discussed the language proposed by the
applicant and the difference in the proposed language suggested by staff.
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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.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 16-07 amending Sections, 30-869 (b), C-1 central
business district; 30-871 (b), C-3 highway commercial district; 30-1584 (e),
MU-ERP mixed use Elk River Plaza district; 30-880 (b), XCR extreme
commercial recreation district. Motion carried 5-0.
7.4 Meadows of Elk River Second Addition
Resolution for Final Plat
Resolution for Easement Vacation
Mr. Leeseberg presented the staff report. He discussed the revised plat.
Mayor Dietz opened the public hearing for both the final plat and the easement
vacation. There being no one to speak to these issues,Mayor Dietz closed the public
hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 16-21 granting final plat for Elk River Crossing,
LLC. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to adopt Resolution 16-22 vacating an easement for Elk River Crossing, LLC.
Motion carried 5-0.
7.5 Conditional Use Permit to Establish Planned Unit Development for
Multi-use Building, Modern Construction, Lot 4, Block I, Mississippi
Ridge 2nd Addition
Mr. Carlton stated the applicant withdrew his application. No action was needed.
7.6 City of Elk River Ordinance Amendment Relating to Solar Energy
Ms. Mroz presented the staff report. She reviewed the ordinance as noted in her
presentation.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Mayor Dietz questioned how the relationship would work between Elk River
Municipal Utilities (ERMU) and the city.
Ms. Mroz stated staff is still working on the process and will be collaborating with
ERMU.
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Councilmember Westgaard questioned how this ordinance would work in the C3
District where the city requires screening of rooftop mechanicals and could create
issues with setback requirements.
Ms. Mroz stated no setback requirements were changed and will still be required to
be met but an applicant could apply for a variance.
Councilmember Wagner concurred with Councilmember Westgaard's comments.
Ms. Mroz stated, as Energy City,this is something the city should want to promote
and not hide. She stated the ordinance, as currently written,doesn't address this
matter either way.
Attorney Beck, stated,as the ordinance is written,the screening requirements would
apply and this is currently the best way to handle the installations. He further stated
the city could look at the commercial setback requirements on a case-by-case basis
through the variance process.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 16-08 amending Section, 30-01, Definitions, and
Adding Section 30-805, Solar Energy Systems. Motion carried 5-0.
7.7 Die Concepts Microloan
Ms. Othoudt presented the staff report.
Mayor Dietz opened the public hearing for both the microloan application and the
jobs incentive microloan and blighted properties forgivable loan. There being no one
to speak to these issues,Mayor Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Resolution 16-23 approving loan agreement for Die
Concepts Project. Motion carried 5-0. (EDA)
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to adopt Resolution 16-24 approving loan agreement for Die
Concepts Project. Motion carried 5-0. (HRA)
8.1 Boys & Girls Club of Elk River Commercial Real Estate Loan Support
Request
Mr. Portner presented the staff report. He stated staff supports the resolution.
Mayor Dietz questioned the city's liability if there is a default in payments.
Mr. Portner stated there may be some exposure if there is a default on the initial loan
but not on this request.
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Attorneys Beck affirmed there would be no additional exposure.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 16-25 consenting to a commercial real estate loan
by the Boys & Girls Club of Elk River. Motion carried 5-0.
8.2 Resolution for the Reconveyance of Forfeited Lands to the State of
MN by City of Elk River
Mr. Leeseberg presented the staff report.
It was noted the city should continue to maintain the property until it is sold.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Resolution 16-26 to reconvey a parcel to the State of
Minnesota Motion carried 5-0.
8.3 Houlton Preserve Hunting Plan
Mr. Hecker presented the staff report. He noted staff is requesting to remove the
action regarding the hours as he'd like to take it back to the planning committee for
further discussion.
Moved by Councilmember Olsen and seconded by Councilmember Burandt
to adopt Ordinance 16-09 amending Chapter 50, Article IV, Division 2, to add
new Section 50-119 establishing hunting regulations within the William H.
Houlton Conservation Area. Motion carried 5-0.
8.4 Farm Lease Agreement for Houlton Preserve
Mr. Hecker presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve an agricultural lease agreement with Shearman Lehn to
allow for continued agricultural purposes on the William H. Houlton
Conservation Area. Motion carried 5-0.
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Open Forum
Pete Kimball, 14357 190`h Lane— Stated many in the audience were late, due to a
misunderstanding in the meeting start time, and a representative of the group would
Eke to speak at Open Forum regarding Pinewood Golf Course.
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Faye Huselid, 14099 182nd Avenue-Discussed a sense of community as it relates to
Pinewood. She apologized to Council for previous behavior. She expressed concerns
with the development of Pinewood and taking away the shared spaces/community.
She noted many retired people use Pinewood. She further stated she understands
improvements are needed, clientele has been lost, and golf numbers have gone
down. She stated the course is good for kids. She questioned what the Council needs
from them and further stated they are willing to help out.
Council recessed at 7:34 p.m. in order to go into work session. Council reconvened
at 7:35 p.m.
9.1 Planning Commission Interview
The Council interviewed Mr. Feinstein.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to appoint Alexander Feinstein to the Planning Commission with a term
expiration of February 28, 2017. Motion carried 5-0.
9.2 Hillside Mountain Bike Park Plan
Mr. Hecker presented the staff report. He gave a presentation about mountain biking
and discussed volunteer hours and fees.
Mayor Dietz stated he was surprised that the majority of people who utilized Hillside
were non-residents. He stated he didn't realize what an expert course it is and why
people were drawn to it. He stated the park should be developed for all skill levels
and local residents should want to use it too. He stated the city needs to do what is
best for a majority of its own citizens.
Councilmember Westgaard questioned why there were discussions about not
keeping Hillside as a park.
Mr. Hecker stated staff and the Parks and Recreation Commission did include it as
an option due to the many hours needed to sustain the park based on maintenance
records.
Parks Commissioner Dave Anderson stated the current trail was designed prior to
today's standards for trail design. The Commission considered all options but felt it
should stay as a mountain biking park.
Councilmember Wagner stated the Parks Commission liked that the trails could be
sustainable because it was important to try and cut down hours and to have the park
serve a multi-use function for many skill levels and for hikers. She further stated she
doesn't have issue with users from out of town because they would visit some the
city's businesses. She stated the Commission has learned there is a high school
mountain biking team coach,which they didn't know existed and could be a possible
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partnership. She stated they've had discussions with the coach and he felt it was a
great idea to keep the trail and use it for meets. She stated they offered to help
maintain the park.
Matt Andrews,Minnesota Off-Road Cyclists (MORC) representative—Stated
MORC is a non-profit group and one of the first chapters of a larger association,
whose focus is sustainable trail design. He stated their organization does well with
partnering with land managers and assisting with volunteer coordination.
Jay Thompson,MORC representative—Stated Hillside is one of the oldest trails
that was most likely designed before sustainable trails were developed.
There was discussion on the best way to develop sustainable trails utilizing
volunteers and contractors and how best to phase the project.
Councilmember Westgaard again questioned why there was an option on the table to
consider removing Hillside from park status.
Mr. Portner stated all options needed to be considered in order to determine what
was best for the city and the park. He stated the park would have needed a lot of
manpower to maintain it at its current level and new relationships would need to be
established. He stated they didn't know about sustainable trail design.
Councilmember Westgaard stated he likes the connection with MORC and they have
the knowledge and great ideas. He suggested the Parks and Recreation Commission
put together the following:
■ Vision
■ Long-term plan
■ Budget to implement and maintain sustainable trails
■ How volunteer hours will work
■ What does it mean to manage the forest
Mayor Dietz stated he'd like to see a formal agreement with MORC.
Councilmember Westgaard concurred.
Mayor Dietz questioned the current status of the park.
Mr. Hecker stated it will remain open with the current volunteer assistance.
Tim Sevick stated current volunteers have been very proactive and have the
experience to maintain the trails. He stated it can be maintained safely for now.
Councilmember Westgaard suggested staff reach out to the Elk River groups who
said they were willing to help.
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Consensus of the Council was to proceed with the current planning and bring back
more formal agreements on a regular agenda.
Mayor Dietz stated he appreciated MORC's assistance and thanked the group for
coming to the meeting.
9.3 United States Post Office Site
Mr. Carlton presented the staff report.
Council discussed transportation, site access, and wanted the applicant to be aware
of some possible road realignments in the area. They discussed the type of
employment this project could bring.
Council stated they were in support of the project moving forward.
9.4 Reflective Stop Signs
Mr. Thompson presented the staff report.
Mayor Dietz liked the reflective panels and how well they worked at night and felt it
was a good plan to implement them in certain areas.
No Parking Signs
Mr. Thompson discussed the school district's request for No Parking signs due to bus
access issues.
Council consensus was to approve the signage requested.
9.5 Rental Dwelling Ordinance
Chief Cunningham presented the staff report.
Attorney Beck stated the ordinance was reviewed by legal.
Mr. Portner noted, as rentals increase in the community,it is important to maintain
the minimum housing standards; noting in the long-term when housing is kept in
good repair,it's quicker to get the house back on the market and sold.
Attorney Beck stated a public hearing is not required but suggested it come back
under General Business in order to give landlords a chance to review it.
9.6 Pinewood Golf Course
Mr. Portner presented the staff report. He stated if Pinewood is kept it should have a
vision or master plan similar to Hillside as noted earlier in the meeting. He stated the
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Council should consider the needs of all taxpayers or a professional study completed.
He discussed subsidizing the course and options Council could consider.
Mayor Dietz stated his choice would be to sell Pinewood,but to someone who
would maintain it as a golf course. He stated the city should not be in the golf course
business. He stated he is aware of someone with an interest in it. He said he is not in
favor of operating the course as it was operated in past. He is concerned for
continued financial losses. He indicated he would consider leasing it.
Mayor Dietz stated his least favorite option would be housing. He stated if the
course was to a developer,the city could designate how many homes would be built.
He stated if the city wanted the highest and best use of the land it should sell for
housing. He suggested staff research all options and the value to the city in various
ways. He noted the land could be considered for a community center site.
Councilmember Olsen stated he is not in favor of the city operating a golf course
and Elk River Country Club may have an interest in running it. He stated the
Country Club is pleased with the current condition of the course. He suggested
trying a two-year agreement.
Mayor Dietz noted the city would need to go through a request for proposal process.
He stated if there is a lease, the contract would need to state that the city is actively
marketing the course and the lease discontinues when the land is sold.
Councilmember Wagner concurred with the Mayor's comments. She suggested a
volunteer group may want to take over running the course. She suggested,in the
interim having the course operational this summer,incorporating the big cups. She
questioned the city's level of subsidy.
Councilmember Olsen stated the course would help provides seasonal employment
for younger kids.
Councilmember Burandt expressed concerns with selling Pinewood as a golf course
because the owner may want to sell it at a later date as something different. She
stated the main priority of the city should be maintaining Pinewood as a golf course
she stated if it is not working revenue wise the city could consider other options. She
noted there are a lot of people hoping it stays a golf course.
Mr. Portner noted if Pinewood sold as a golf course there could be a contract
provision stating it remains a course for a certain number of years but the cost of the
course could be impacted.
Councilmember Wagner stated she disagreed with the speaker about their being a
lack of a sense of community in Elk River because there is no Pinewood and noted
some other examples. She stated she would love to see the course open this summer
but she knows there is a lot more work needed to figure out. She questioned what
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the dollar amount would be that the Council would feel comfortable with spending
to maintain a course. She stressed the need for very heavy volunteer commitment.
Councilmember Olsen expressed concerns with debating what to do with the course
all summer. He noted the show of people at open forum expressing (by being at the
meeting) they wanted a golf course. He suggested a reasonable short-term contract
to get the course operational quickly. He stated this would serve two purposes:
elevate the course in terms of what the city can receive for it and we might be able to
get on board for part of the summer.
Mayor Dietz stated the course can't be open in 60 days because the city needs to
establish a plan,take time to work out lease language, and put together a request for
proposal if it decided to go the lease route.
Councilmember Westgaard questioned the involvement of the parks and recreation
commission.
Mr. Portner noted the course operated as a special revenue fund and the commission
was not consulted at the time the course was purchased. He stated the commission
typically doesn't get involved with special revenue funds, noting the arena and
activity center.
Councilmember Westgaard stated he agrees in that there is a lot of information
needed and more work sessions to review all options and the ultimate vision. He
stated it would be foolish to think they can operate the course as it had been
operated in the past. He stated there were not enough rounds of golf played to
justify the money spent to maintain the course without the capital investment. He
stated if there are options for a company to take over of maintenance and operation
with minimal capital planned it would provide an amenity to a certain percentage of
the taxpayers of the city. He noted there are the same 40 to 50 people who want
Pinewood to remain open but this is a large ticket item for supporting only 40-50
people. He questioned if staff could pull statistics regarding rounds played.
Council agreed more research on all options is needed and asked staff to bring back
recommendations.
Barb Olsen, 18264 Kent Street - Stated Council keeps discussing past issues but
have not discussed what they could make of the golf course today. She stated parents
spend money on taking their kids to camps and suggested turning the course into a
teaching center. She noted the fees for the course were very low. She expressed
concerns with development of the course.
Stated city-owned courses are for a different type of people than you have at a
private business course. She stated she won't play at other courses because she can't
play at that skill level.
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Mayor Dietz noted the city did have classes at the course in the past. He noted the
Council will be considering all options.
Councilmember Wagner noted the Council has thrown out many ideas; more than
selling it as a housing development. She stated it would be great to keep Pinewood as
a golf course if it makes sense. She stated there is a limit to what the city can spend
to subsidize the course. She noted the city did hold camps,lessons and tournaments
at the course in the past. She questioned if the city or a private business should be in
the golf course business.
9.7 Succession Planning in Park Maintenance Lead Position
Mr. Hecker presented the staff report.
Council had no concerns.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 10:18 p.m.
John J. Dietz,Mayor
Tina Allard, City Clerk
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