4.1. DRAFT MINUTES (2 SETS) 06-20-2016
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, May 16, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Park Planner Chris Leeseberg, City Attorney Peter Beck, Interim
Finance Director Lori Ziemer, Finance and Office Manager Theresa
Slominski, Environmental Technician Kristin Mroz, and Recording
Secretary/Senior Administrative Assistant Jennifer Johnson
1.Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 05/16/2016 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the May 16, 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 Check register, check numbers 9851-9852 and 96811-97016 as outlined
in the staff report.
4.2 Pay estimates as outlined in the staff report.
4.3 Special Event Permit and Temporary On-Sale Liquor License for the
Eagles Club for Friday, June 11, 2016, subject to the following
conditions:
1. Alcohol must be limited to an area that is fenced in with secured
and controlled access and be compact and contiguous to the
establishments. Age verification is required and wrist band control
is recommended.
2. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of the property owners to
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May 16, 2016
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notify. The event planner must submit an affidavit that the notice
was distributed.
3. Permission to use private property for parking must be obtained
prior to event.
4. All applicable noise ordinances must be followed.
5. If tents are to be used they must be inspected by the fire marshal
prior to the event. Applicant must contact the Fire Marshal Cliff
Anderson at 763.635.1110 during regular city hall hours to schedule
an inspection. No staking of tents allowed on city right-of-way or
off Eagles property unless approved.
4.4 Peddler License issued to Fasil Agegnehu, Winta Ice Cream Truck,
valid through December 31, 2016.
4.5 Transient Merchant License issued to Camilo Antonio Vega, dba
Tony’s Dogs, to operate a hot dog cart in front of Menards, 19521
Evans Street NW, Thursdays, Fridays, Saturdays, and every other
Sunday from July 1 to October 31, 2016, with 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 walking surface.
5. If traffic becomes a problem around the temporary site, the sales
area shall be delineated with a barrier to restrict traffic.
6. The area shall be maintained free of debris and kept in an orderly
condition.
7. Only one cart/trailer shall be utilized.
8. The cart/trailer shall not be left on site overnight.
4.6 Temporary Sales/Storage of Fireworks to TNT Fireworks to sell
fireworks June 21, 2016, through July 6, 2016, from a tent in the parking
lot of Walmart, 18185 Zane Street NW, with the following condition:
inspection of the outside sales areas will take place prior to opening to
the public. Applicant is responsible for contacting the fire marshal at
763.635.1110 to schedule an inspection after the tent has been set up.
4.7 Temporary On-Sale Liquor License issued to the Church of Saint
Andrew for their annual parish festival on Sunday, September 18, 2016,
subject to the following condition: alcohol must be limited to an area
enclosed by fence with secure, controlled access.
4.8 WH Houlton Conservation Area (WHHCA) operating hours to be
from 5:00 a.m. to 10:00 p.m. daily, year round when the WHHCA is
officially open to the public.
4.9 Resolution 16-28 approving, authorizing and ratifying the signing of
the Master Subscriber Agreement for the Minnesota Court Data
Services for Governmental Agencies as outlined in the staff report.
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May 16, 2016
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4.10 Joint Power Agreement establishing prosecutorial authority of the Elk
River City Attorney’s Office as outlined in the staff report for a term
starting January 1, 2015, through December 31, 2018.
4.11 Temporary pay adjustment for Lori Ziemer, acting interim finance
director, effective May 3, 2016, at 10% pay increase as outlined in the
staff report.
4.12 Hire Benjamin Nordstrom for the position of Ice Arena Lead Worker
effective May 17, 2016, at Step A of pay grade 5 as outlined in the staff
report.
4.13 Renewal of Retail Sales/Storage Fireworks Licenses for
1. Coborn’s Foods, 19425 Evans Street NW
2. Cub Foods, 19216 Freeport Street NW
3. Menards, 19521 Evans Street NW
4. Walmart, 18185 Zane Street NW
valid July 1, 2016, through June 30, 2017, with the following conditions:
1. Two fire extinguishers must be placed near the area of the
fireworks display. One extinguisher must be a water-based
pressurized extinguisher.
2. The Fire Department must conduct an inspection of the fireworks
display prior to fireworks sales. Applicant is responsible for
contacting the fire marshal for an inspection at 763.635.1110 after
the fireworks display is set up.
4.14 Settlement Agreement with Gray Plant as outlined in the staff report.
4.15 Resolution 16-29 for a Joint Powers Agreement with MnDOT for
payment of costs associated with installation of 4-quad gate systems at
Main Street and Jackson Street as outlined in the staff report.
4.16 Approve Petition, Waiver, and Agreement for the request by Die
Concepts to have Sewer and Water Access Charges associated with the
connections of the building at 18498 Twins Lakes Road assessed over a
term of three years as outlined in the staff report.
Motion carried 5-0.
Mayor Dietz read a statement explaining the Pinewood Golf Course case has been in
litigation for 3 years and his personal goal was to reduce the price the city paid for
the golf course based upon the down-turn in the economy when the course was
purchased in 2006. He stated based upon the payment to Paul Krause and the
settlement with Gray Plant Mooty, along with legal fees incurred, resulted in a
significant savings to the city in the amount of $325,000, an amount which is what
they would have paid in 2013 and more than 20% of the final payment. He stated
this wasn’t as much of a financial gain as he would have liked, but felt nothing
ventured, nothing gained, and feels this was a significant gain.
5. Open Forum
No one appeared for Open Forum.
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7.1 Eric Sandstrom – 18049 Joplin St. NW
Conditional Use Permit for Private Kennel
Mr. Leeseberg presented the staff report. He handed out two emails from residents
who were not able to attend the public hearing.
Mayor Dietz opened the public hearing.
Eric Sandstrom, 18049 Joplin St. NW, asked Mr. Leeseberg to replay the videos
during which he explained the dog’s behaviors in the video. He said the shape of the
dog’s muzzle made it sound as if he was growling but he was only breathing. He
stated all 4 dogs are rescue dogs which have been spayed and neutered. He said the
fourth dog was in desperate need of a home or it would be euthanized, which is why
they didn’t wait for the Conditional Use Permit to be finalized. He also stated there
was a clerical error where the wrong date was published for the council public
hearing. The correct date had been discussed at the Planning Commission meeting,
and those in attendance that evening were told when tonight’s meeting would be, so
he didn’t feel it necessary to delay tonight’s hearing. He indicated a dog visiting their
residence did escape from their fence, not one of their dogs.
Alicia Sandstrom, 18049 Joplin St NW, is the daughter of applicant and explained
she spoke to the bus company regarding the behavior of the school kids while
waiting for their school bus near the applicant’s property. She indicated the school
kids would bang on the applicants fence and call the dogs by their names to harass
them. She stated the dogs are well-behaved and are only responding to the kid’s
behavior toward them through a fence. She agreed a taller fence would be helpful.
There being no one else to speak, Mayor Dietz closed the public hearing.
Councilmember Westgaard asked if fence heights were discussed when CUP
applications are reviewed.
Mr. Leeseberg stated fence heights were not discussed.
Councilmember Westgaard asked if the applicant was agreeable to at least the first 11
conditions, with condition 12 to be discussed separately.
Mr. Sandstrom stated he agrees with all 12 conditions, including the condition that a
fence be installed on the east and south property line by the November 16, 2016,
deadline.
Councilmember Westgaard stated he wasn’t sure if rescue dogs were deemed
dangerous but felt one of the 3 dogs in the video seemed capable of leaping over the
fence if it wanted to and could be troublesome to a neighbor or child playing on the
swing set. He said a child wouldn’t know a dog’s muzzle is design and would think
the dog is barking and growling; thereby making them afraid of play in their own
yard.
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Mr. Sandstrom stated he 100% agreed with Councilmember Westgaard’s statements.
Councilmember Westgaard stated, for the sake of the neighbors, he would
recommend a taller fence with an opaque covering and would prefer a more
reasonable timeframe like 60-90 days for fence completion.
Mr. Sandstrom indicated he would like additional time to install a 6’ full privacy
fence on all three sides of his back yard, but realizes that may require a variance. He
stated he would be doing the work himself to save money and requested additional
time to come up with the funds to install the fence.
Councilmember Westgaard stated Condition 12 requires a sunset date. He was going
to suggest rewording Condition 7 to say a fourth dog could be brought in once the
fence is completed, but he stated it sounded like the fourth dog was already living
there.
Counsellor Beck stated to extend a 6’ fence on the street side of the property would
trigger a variance and deserves a public notice and comment. He suggested waiving
the fee to the applicant since it would be a city-generated request, but the public
should have the right to comment on that proposal.
Mr. Leeseberg explained, by ordinance, vegetation and fencing cannot extend 30” in
height, within the first ten feet of a front yard, without a variance. He stated if the
applicant would like to install a taller fence, it would either require a 10’ setback or a
variance.
Mr. Sandstrom indicated he understood the council’s concerns but felt the 10’
setback requirement would create a neighborhood eyesore and affect resale value of
his property.
Mayor Dietz stated he was in favor of having the applicant apply for a fence variance
with the council’s discretion to determine how far off the property line it be placed.
He would like to have a deadline set for installation.
Mr. Sandstrom asked for 60 days to install a fence on the south property line and
install the balance of fencing along the back property line within 120 days. Mr.
Sandstrom in the meantime would apply for a variance for the property line along
180 ½ Circle.
Mr. Leeseberg stated the Planning Commission reviews the variance application
before the council, and if they approve the variance, the item wouldn’t come before
council unless a neighbor or staff appeals.
Counsellor Beck suggested staff appeal the variance if a neighbor doesn’t so the
council would have an opportunity to review it.
Councilmember Wagner applauded the applicant for adopting rescue dogs and for
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taking into consideration their neighbors. She supports the condition of allowing the
applicant time to install the fence as she understands it is a considerable cost.
Councilmember Burandt agreed with Councilmember Wagner’s comments.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Conditional Use Permit, Case No. CU16-11 for a private
kennel for Eric Sandstrom at 18049 Joplin Street NW with 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 private kennel shall be limited to four (4) animals over the age of 6
months. Additional animals will require an amendment to the
Conditional Use Permit.
5. Animal waste, on or off site, shall be disposed of per City Ordinance
Section 10-9.
6. The applicant shall receive a private kennel license from the city.
7. All animals must be licensed and vaccinated.
8. No dogs shall be allowed to run at large as outlined in Section 10-2.
9. No more than two (2) animals per supervisor shall be allowed outside of
the fenced in area.
10. All dog waste shall be cleaned up immediately when dogs are off of the
subject property.
11. 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.
12. A six-foot high opaque privacy fence shall be installed on the east and
south property lines, per the City’s ordinance. Chain link with vinyl slats
will not be permitted. Privacy fence on the south side shall be installed
within 60 days and on the east side within 120 days of council approval.
13. A six-foot high opaque privacy fence shall be installed on the north and
west property lines, per the City’s ordinance. The north side fence in a
location allowed by ordinance unless the applicant requests and receives a
variance to move the six-foot high fence closer to than 10 feet to the front
property line.
Motion carried 5-0.
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6.1 City of Elk River Volunteer of the Month – Mayor Dietz
Mayor Dietz’s May Volunteer of the Month is Mike Nizolek. He introduced, read,
and presented a plaque to Mr. Nizolek and noted the following volunteering
accomplishments:
Volunteer at Sherburne National Wildlife Refuge
Assisted in trail design and expansion in Woodland Trails and grant writer
Sherburne County Parks Planning Commission for the Cox property in
Becker
Volunteer for Minnesota State Cross Country Coaches Association
Member of the Elk River Nordic Ski Club
Volunteer for Bigtooth Sweet Tooth Race
Assist in Tuesday Night Park Race series
Involved in Minnesota Land Trust
Commissioner on the Elk River Parks and Recreation Commission
7.2 Todd Plaisted – 11555 – 205 Avenue NW
th
Interim Use Permit for Composting Site
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one present to speak, Mayor
Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the Interim Use Permit, Case No. IU 16-01, for Todd Plaisted for a
th
composting site located at 11555 205 Avenue NW with the following
conditions:
1. The yard waste site use shall terminate 10 years from the date of
approval (May 16, 2026) or upon the termination of the conditional use
permit for mining operations on the property, whichever occurs first.
2. Drainage for on-site functions shall be as shown on the submitted site
plan.
3. Only yard waste and no other types of solid waste shall be accepted.
4. The yard waste site shall be located no closer than 300 feet from any
residentially used property as measured from the edge of the nearest
compost pile to the nearest residentially used property.
5. The yard waste site shall be enclosed by fencing or shall limit vehicular
and pedestrian access through the use of berms, trees or other means.
6. The site shall be maintained cleanly, including the immediate removal
of waste materials deposited on or near the site which cannot be
composted
7. No connection to Proctor Road shall be permitted.
8. Hours of operation shall be limited to Monday through Saturday from
7:00 a.m. to 7:00 p.m.
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9. The sale of product shall be limited to wholesale distributors.
10. All equipment shall be located as to reduce dust to adjacent properties.
11. The piling, storing, or keeping of old machinery, equipment, junk,
debris, or abandoned motor vehicles, shall be prohibited on this site.
Motion carried 5-0.
7.3. City of Elk River – Ordinance Amendment Relating to Wall Signage
Mr. Leeseberg presented the staff report for Case No. OA 16-04.
Mayor Dietz opened the public hearing. There being no one present to speak, Mayor
Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Ordinance 16-10 amending Section 30-1584 (MU-ERP mixed
use Elk River Plaza district) and adding Section 30-881 (MU-ERP mixed use
Elk River Plaza district) as outlined in the staff report.
Motion carried 5-0.
7.4. Midwest Asphalt – 12168 221 Avenue NW
st
Conditional Use Permit for Mineral Excavation
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz
closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the Conditional Use Permit, Case No. CU 16-10 for
st
Midwest Asphalt to expand operations at 12168 221 Ave. NW (PID 75-109-
1100) with the following conditions:
1. The Conditional Use Permit shall not be recorded until all applicable
conditions have been completed.
2. The expanded operations (portable hot mix asphalt plant and portable
aggregate wash plant) 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. Facilities shall meet all building and fire codes.
6. An updated MPCA Air Emissions Permit or written notice by the MPCA
that an updated permit is not required for the addition of the hot-mix
asphalt plant must be submitted for review.
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7. Odor from the hot-mix operation must be controlled. If weather
conditions make odor noticeable, the percentage of recycled asphalt must
be reduced. If odor problems cannot be resolved by the Operator, the
Planning Commission shall review the situation with a public hearing and
make a recommendation to the City Council on whether or not the
operation of the hot-mix asphalt plant shall be allowed to continue.
8. All conditions outlined in the approval for Conditional Use Permit CU 06-
04, approved by the Elk River City Council on April 17, 2006, (recorded
document number 621697) shall be maintained.
Motion carried 5-0.
7.5. Paxmar – Outlot D, River Park; Outlots B and D, River Park Second
Addition (continued from May 2, 2016, City Council Meeting)
Conditional Use Permit to Establish Planned Unit Development
Preliminary Plat (Miske Meadows) to Subdivide Property
Formerly Platted as River Park and River Park Second Addition
(96.2 acres) into 241 Single Family Residential Lots
Mr. Carlton presented the staff report. He reviewed the CUP/PUD and plat
conditions the council asked him to prepare at the May 2, 2016, meeting, comparing
staff’s position, the Planning Commission’s position, and the applicant’s condition
position. The council reviewed the following CUP/PUD and plat conditions:
CUP/PUD Conditions
Condition Three – HOA Maintenance
Mayor Dietz asked for clarification on how a homeowners association operates and
asked for examples in the city and scenarios in which the exterior maintenance would
be beneficial to have included in the HOA fees. Mayor Dietz didn’t feel the
maintenance of all exterior building coverings was necessary.
Councilmember Westgaard felt this condition was troubling and would remove the
exterior covering portion from this condition, stating it would be hard to manage
and would open up Pandora’s Box.
Councilmember Olsen stated he has lived in a Home Owner’s Association (HOA)
for 20+ years, explaining how his townhome association management company
replaced his exterior twice because of storms but would also replace exterior siding
due to normal wear. The HOA uses monthly dues to pay for replacements. He felt
the additional $30/month in dues provided a sense of security that appeal to
residents who purchase in this type of neighborhood.
Alan Roessler, representing PAXMAR, requests removal of the exterior coverings
requirement, which would allow the most flexibility for homeowners to determine
when their exterior requires replacement, but indicating the HOA still retains the
ability to ensure a homeowner does maintenance on the exterior of their property if
necessary.
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May 16, 2016
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Counsellor Beck indicated the HOA documents would be drawn up to ensure its
properties would maintain the long-term community standards image the city is
interested in enforcing.
Councilmember Wagner was not in support of requiring the exterior building
coverings requirement and felt there were too many variables. She asked questions
regarding the monthly dues and how those were paid.
Councilmember Olsen explained in his development, a property manager collects
monthly fees and managed a reserve of funds for future repairs and maintenance. He
indicated it was a collective participation of all the homeowners living there.
Councilmember Burandt indicated she would go either way and wasn’t sure which
was better.
Councilmember Westgaard asked if the applicant wants this structured in this way,
why isn’t the council agreeing with the applicant.
Councilmember Wagner agreed with Councilmember Westgaard and supported
removing the requirement of exterior coverage from the conditions.
Mr. Portner stated since this is a planned unit development, the city has the
opportunity to hold it to a higher standard than other areas of the city.
Mayor Dietz and Councilmember Olsen agreed with staff’s recommendation.
Councilmembers Westgaard, Burandt, and Wagner agreed with the applicant’s
request and the Planning Commission’s recommendation.
It was the consensus of the council to remove the portion of the condition that
references maintenance of exterior coverings.
Condition Four – Driveway Spacing
Mayor Dietz indicated he agrees with staff’s position due to on-street parking being
important in this development’s detached townhome areas.
Mr. Roessler explained the reasons they disagreed with staff, noting floorplans
designed to promote privacy of backyard patios. He stated the driveway width of 20’
was fine but wanted it to the curb and not 12’ behind the curb. They would like to
maintain the driveway width but would like the ability to enlarge it after the curb and
have a three-stall wide driveway.
Mr. Carlton explained staff’s position of trying to increase the availability of on-street
parking by including the condition as written.
Councilmember Olsen indicated he is in favor of staff’s position.
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Councilmember Westgaard stated he agrees with the applicant’s request and the
Planning Commission’s recommendation.
Councilmember Wagner stated she agrees with staff’s recommendation.
Councilmember Burandt stated she agrees with the applicant’s request and the
Planning Commission’s recommendation.
It was the consensus of the council to agree with staff’s recommendation.
Mr. Roessler stated based upon the council’s decision to agree with staff’s
recommendation on condition 4, he asked to continue the approval of the CUP and
Preliminary Plat but remove the 44’ and 50’ wide products and plat those in an
outlot. He stated they would return on a future date to discuss those lots but allow
them to grade that site and have a future understanding that before those lots are
developed, the city and the developer need to come to an agreement about the lot
plans. He stated he felt confident they could move forward with the 65’ and 75’
products. He stated the remaining concerns with the conditions regarding the
detached townhomes wouldn’t need to be discussed at this time.
Mr. Carlton stated the council can approve the preliminary plat with these conditions
but the final plat would not include those areas as requested by the applicant and be
placed in an outlot.
Condition Six – Barrier Style Curbs
Mr. Carlton explained the condition six recommending barrier curbing.
Mr. Roessler asked for surmountable curb for the 65’ and 75’ products stating it’s
better for new construction, such as flexibility for material and equipment deliveries.
st
He stated this type of curb is also in the 1 phase of River Park and would tie in the
same type of curb throughout the area.
Councilmember Westgaard recommended finishing the development with
surmountable curbing, already in place.
Councilmember Olsen stated he agrees with staff’s recommendation of the barrier
curbing.
Mayor Dietz stated he agrees with staff’s recommendation and requested barrier
curbing.
Councilmember Burandt recommended surmountable curbing.
Councilmember Wagner recommended surmountable curbing.
It was the consensus of the council to approve the applicant’s request of
surmountable curbing.
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Mr. Carlton clarified that with council’s direction barrier curbing will not be
requirement for the proposed single family homes, but the PUD document will apply
to future additions. He asked if the council was interested in applying the barrier
curb to the future detached townhome areas when they are constructed.
Councilmember Westgaard requested a future work session topic discussion.
Condition Ten – Boulevard Trees
After a brief discussion, it was the consensus of the council to agree with the
condition of 2 boulevard trees per 75’ lot and 2 boulevard trees per 65’ lot with the
addition of 1 tree per lot, in the front yard, which may be shade, ornamental, or a
deciduous variety.
Condition Thirteen – Trail Construction and Maintenance
Council discussed the requirement of construction of bituminous trails to include
maintenance as part of the HOA. Mr. Carlton provided examples of developments
in which trails were installed by the developer but maintained by the city, or installed
by the developer and maintained by the HOA.
Councilmember Westgaard felt it would create confusion on which trails the city
would maintain and which trails an HOA would maintain. He felt the city should
also maintain the trails in this development since it maintains other trails in the area.
Councilmember Wagner stated it seemed like trails in this development would be
used by its residents and not the general public and therefore felt the HOA should
be required to maintain, and she was not in favor of using park funds.
Councilmember Olsen felt the HOA should pay for trail maintenance.
Councilmember Burandt stated the city should maintain these trails.
Mayor Dietz stated the HOA should maintain the trails.
It was the consensus of the council that the HOA maintain the trail.
Plat Conditions
Condition Four – Sunset Ridge Connection
Councilmember Wagner explained the telephone call she received from a resident
living in Sunset Ridge who wished to reiterate his concerns about the high density
aspect of this development, specifically with the road connection results in increasing
traffic in an already busy area, as well as the overall addition of traffic beyond the
neighborhood. She stated she didn’t want to make a decision about connecting this
road until a meeting occurs with the Sherburne County Board of Commissioners to
discuss and agree with an overall plan of the future of this area.
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Councilmember Westgaard asked how the developer should apply this information
in order to proceed with their plat.
Councilmember Wagner suggested the connection be delayed until perhaps the
rd
development’s 3 phase. She doesn’t want the connection opened and available for
traffic until at least a discussion and plan is agreed upon with the county.
Mayor Dietz suggested they build the road connection and use a breakaway barrier
so emergency vehicles can still access the road when needed.
Councilmember Westgaard stated he felt the connection needs to be built and the
city can barricade it until ready to allow its use.
Mayor Dietz stated he didn’t think they’ll get much support from the county and he
was surprised the neighbors wouldn’t want this connection, which would allow a
safer alternative means of travel. He stated he understands their hesitation and was
willing to wait until this development is more built out, stating it would only be a
matter of time before it was necessary to provide the connection.
Councilmember Westgaard stressed the need for this connectivity especially from a
public safety standpoint.
It was the consensus of the council to allow the developer to construct the road
connection and agreed to leave connection with barrier.
Donald Jensen, representing PAXMAR, asked questions regarding the condition
requiring all wetland permits be in place before they could begin site preparation and
wetland fill in certain areas. He stated if he were to have to wait until they received
the final permit, it would cause a major delay in their construction schedule.
After some discussion, Ms. Mroz arrived and indicated that because the city had not
received the final wetland delineation report on where the wetland boundaries were,
she had concerns with commencing wetland fill work on the site until receiving the
final report from the US Army Corps of Engineers. She noted concerns with grading
activity intruding into wetland areas. She indicated she was willing to adjust the
condition’s wording if they could agree upon a distance to stay back from wetland
areas. After discussion and a map review of the development’s wetland areas, it was
consensus of the applicant and the council to amend condition 2 to add the words
“wetland fill” before the word “commencing.”
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the Preliminary Plat request for Miske Meadows, with the
following conditions:
1. Development Agreement shall be signed, outlining costs and
responsibilities to the satisfaction of the City Attorney.
2. All required wetland permits must be obtained prior to commencing
wetland fill work on the site. Grading permits required as allowed
upon City Engineer’s approval of plan areas.
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Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Conditional Use Permit (CUP) request to establish a
Planned Unit Development (PUD) for named Miske Meadows with the
following conditions:
1. A PUD Agreement shall be developed and signed by both parties prior
to issuance of a building permit.
2. Parcels below 65 feet in width shall be included in a single home
owner’s association.
3. The home owner’s association shall maintain all turf and landscape
areas, and remove snow from all driveway and sidewalk areas.
4. All mailboxes shall be clustered.
5. All mailboxes and public utilities with parking restrictions shall be
located in a manor to reduce parking impacts. The facilities must be
identified on the development plan, and approved by staff.
6. Include two shade trees in the boulevard area of every 65 foot and 75
foot parcel. One added tree shall be installed in the front yard of each
parcel, which may be a shade, evergreen, or ornamental.
7. Addition of a bituminous trail connecting Johnson Street with Ivanhoe
Drive south side of the identified stormwater basin and green space, to
be constructed by the developer and maintained in perpetuity by the
homeowners association.
8. Addition of a bituminous trail connecting Fillmore and Edison Streets
within the identified access easement and generally north of the
detached townhome lots, to be constructed by the developer and
maintained in perpetuity by the homeowners association.
9. Staff approval of updated drainage and utility plans and calculations
based on the site plans dated April 19, 2016.
10. Staff approval of all required plans based on the site plan dated April
19, 2016.
Motion carried 5-0.
8.1 Issuance of Electric Revenue Bonds, Series 2016A and Electric
Revenue Refunding Bonds, Series 2016B
Ms. Ziemer presented the staff report.
Mayor Dietz explained the reasoning behind the up-front costs by purchasing the
bonds now will result in considerable savings when repayment occurs in 2018. He
stated because the power cost will be less than what is being paid currently to GRE,
utility rates will not have to be adjusted.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to approve Resolution 16-30 approving the issuance of Electric
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May 16, 2016
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Revenue Bonds, Series 2016A, and Resolution 16-31, approving the issuance of
Electric Revenue Bonds, Series 2016B, and authorizing certain other actions
to be taken by the Elk River Municipal Utilities Commission with respect to
the issuance of Electric Revenue Bonds, Series 2016A and 2016B.
Motion carried 5-0.
8.2 Wayfinding Plan
Ms. Gardner presented the staff report.
Councilmember Olsen indicated the reason he pulled this item from the consent
agenda at the May 2, 2016, council meeting was he wanted to have a discussion
about the dollar amounts for what was being proposed in the plan. He said in the
meantime, he has had a discussion with Ms. Gardner to clarify his concerns but feels
there are parts of the plan he would change. He indicated he will approve the plan.
Mayor Dietz explained the reason the plan was sent back to the original task force
committee was based on the council’s concerns discussed at the March 3, 2016,
meeting, which were then addressed. He indicated prices will be presented once they
go out for bids but the plan, as proposed and with numerous options, will be the
plan if approved tonight.
Councilmember Wagner indicated everyone on the committee was concerned with
the final cost, which is why the plan includes many differing options to fit any budget
once the signs are presented for bid.
Ms. Gardner stated the entire plan will be completed in phases, but Visual
Communications recommended the entire plan be bid out so the council would have
a better idea on how to proceed and what signs can be done in-house.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the Wayfinding Master Plan as outlined in the staff
report.
Motion carried 5-0.
Council recessed at 9:01 p.m. to go into work session. Council reconvened at 9:10 p.m.
9.1 Park Dedication
Mr. Carlton presented the staff report.
It was the consensus of the council to have attorney Roger Knutson review the
proposed park dedication formula as outlined in the staff report if suitable to adopt
and provide feedback on how vulnerable the city would be by using this formula.
City Council Minutes Page 16
May 16, 2016
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9.2 Climate Smart Municipalities
Ms. Mroz presented the staff report and explained the partnership acceptance and
financial committee, requesting the council suggest delegates. She explained the 3-
year commitment, travel expenses, and benefits of partnering with the Climate-Smart
Municipalities program which will allow the city to learn from other Minnesota cities
and partner cities in North Rhine-Westphalia, Germany, and apply practical
university research to solve energy-related environmental challenges.
After discussion, it was the consensus of the council to approve the partnership with
Climate-Smart Municipalities and allow staff to determine which delegates would
represent Elk River.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:41 p.m.
Minutes prepared by Jennifer Johnson.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, June 6, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Interim
Finance Director Lori Ziemer, Fire Chief John Cunningham, Parks
and Recreation Director Michael Hecker, Senior Planner Zack
Carlton, City Engineer Justin Femrite, and City Clerk Tina Allard
1.Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 6/6/16 Agenda
Council removed Item 4.5 from the consent agenda.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the June 6, 2016, agenda as amended. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the following consent agenda:
4.1 May 2 Regular and Closed Minutes
4.2 Check register, check numbers 9850, 9853-9854 and 97017-97247 as
outlined in the staff report.
4.3 Special event permit to ERX Motor Park for a TORC race on July 16 –
17, 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 required to have
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June 6, 2016
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five police officers on-site from Noon until 8:00 p.m., Saturday and
Sunday. The applicant is responsible for fees associated with police
personnel on site.
3.Erosion control measures (silt fence, etc.) shall remain in place
during event and until the post-grading is completed.
4.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.
5.No electrical services shall be across any drive or walking surface.
4.4 Ordinance 16-11 amending Section 2-113, Employee Background
Checks.
4.6 Public display of fireworks/pyrotechnic license for RES Specialty
Pyrotechnics to conduct a pyrotechnic display from the Elk River
High School football field for the Independence Day holiday with the
following conditions:
1.Fire watch shall be established per direction of the fire marshal.
2.Applicant must contact Fire Marshal Cliff Anderson at 763.238.3489
to schedule pre-loading and post-loading inspections.
4.7 Liquor license renewals as outlined in the staff report, valid July 1,
2106, through June 30, 2017.
4.8 Temporary 3.2% on-sale malt liquor license to the Elk River Lions
Club for June 10 and 11, 2016, with the condition that alcohol must be
limited to an area enclosed by fence with a secured, controlled access.
Age verification is required and wrist band control is recommended.
4.9 Resolution 16-32 authorizing acquisition by eminent domain and
approving appraised values for properties located at the south east
corner of US Highway 10 and Joplin Street NW.
Motion carried 5-0.
4.5 Private Kennel License – Eric Sandstrom
Mayor Dietz questioned if this was the same applicant (off Joplin Street) who was
recently approved for a conditional use permit by the Council.
Mr. Carlton stated this was a different application.
Moved by Mayor Dietz and seconded by Councilmember Burandt to approve
a private kennel license valid to December 31, 2016, to Eric Sandstrom, 18049
Joplin Street NW to keep four dogs. Motion carried 5-0.
5. Open Forum
Senator Mary Kiffmeyer, District 30 -Discussed the accomplishments and failures
of the current legislative session. She mentioned the Mn/DOT transportation study
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June 6, 2016
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which should help improve traffic control in Elk River. She noted she would be back
with the results of the study in a next few months.
6.1 2016 Comprehensive Annual Financial Report Presentation
Ms. Ziemer introduced Andrew Berg with Abdo, Abdo, Eick and Meyers.
Mr. Berg gave a presentation regarding the 2015 Certified Annual Financial Report
and audit results along with the fire relief financial statements. He noted there were
no findings against the city. The opinion was an unqualified (clean) opinion.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to accept the Comprehensive Annual Financial Report for the year
ended December 31, 3015. Motion carried 5-0.
7.1. GA Wellness 365, LLC – 518 Freeport St NW, Conditional Use
Permit for Commercial Recreational Facility
Mr. Carlton presented Ms. Simon’s staff report.
Mayor Dietz opened the public hearing.
Ron Touchette, Guardian Angels representative, stated he is available for questions.
Council asked Mr. Touchette if the applicant had any issues with the conditions
required of the permit.
He stated no.
Mayor Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve a Conditional Use Permit, Case No. CU 16-07 for an indoor
commercial recreational facility in the Mixed Use – Elk River Plaza District
with the following conditions:
1.The Conditional Use Permit shall not be recorded until all conditions have
been completed.
2.As indicated on the site plan, parking stalls shall be striped to the
dimensional requirements set forth in Section 30-892.
3.The city’s Building Official and Fire Marshal shall inspect the building to
verify compliance with all state and local building codes.
Motion carried 5-0.
City Council Minutes Page 4
June 6, 2016
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8.1.Rental Dwelling
Chief Cunningham presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Ordinance 16-12 repealing Chapter 30, Article III, Divisions
1, 1A, 2, and 3; replacing it with a new ordinance regarding residential rental
property standards, and moving Chapter 30, Article III, Division 4 and 5 to
Chapter 30, Article II as Divisions 3 and 4 respectively. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to adopt Resolution 16-33 approving Notice of Summary Publication of
Ordinance #16-12, An Ordinance Repealing Chapter 30, Article III, Divisions
1, 1A, 2, and 3 and Replacing it with a New Ordinance Regarding Residential
Rental Property Standards, and moving Chapter 30, Article III, Divisions 4
and 5 to Chapter 30, Article II as Divisions 3 and 4, respectively. Motion
carried 5-0. The motion passed unanimously.
8.2Discuss Work Session Items
Mr. Portner presented the staff report. He noted he is trying to schedule a joint
th
meeting on June 20 with the Sherburne County Board.
9. Council Liaison Updates
Council provided updates for the various boards and commissions.
-------------------------------------------
Council recessed at 7:36 p.m. in order to move into a worksession.
Council reconvened at 7:42 p.m.
10.1 Community Center Site Options
Adam Barnett with JLG Architects reviewed site options for a community center. He
noted Lions Park Center is a high risk site because of its soil conditions. He stated
there are too many unknowns with its location and the possible structural issues and
lawsuits that could occur to a facility at this location in 5-10 years. He discussed the
Orono Park site, which would be overlaid on the Dave Anderson Athletic Complex
(DAAC). He stated the DAAC would cost approximately $1.2 million to move to
the Youth Athletic Complex (YAC), but then the city would have a nice amenity
with an all-in-one complex.
Mr. Femrite indicated the task force has directed the completion of 7 soil borings on
the Lions Park Center to better understand the make-up of the soils on this site.
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June 6, 2016
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JLG Architects has preliminarily estimated mitigations costs of $1.5M to replace the
soil.
Mayor Dietz questioned if the facility would be large enough to allow for indoor
horse shows if it were located in Orono Park.
Mr. Barnett stated it is designed with very large doors so the rinks could be opened
up for larger uses but he was unsure about horse shows.
There was discussion on other properties around the city and whether they would be
feasible for a facility.
Councilmember Westgaard stated he preferred the Lions Park Center site over the
Orono Park site. He stated the Orono site has some encumbrances as the city
doesn't own some of the land, it is not construction ready, and the DAAC would
have to be removed. He noted the city is already short on fields.
Mr. Femrite noted, during community engagement activities, many people asked for
a dome complex attached to the facility. He stated the Orono site would allow for
this expansion at a future date.
Mayor Dietz agreed the Lions site would be the best option because of the schools
nearby and the easy access, but he is nervous about the soil. He stated if the city
selected the Orono site he would want the new fields installed at YAC first. He
further noted the city could get more votes for the project if the dome was included,
noting many sports activities could utilize it.
Councilmember Westgaard stated there was a lot of community input for having
additional space for some of the spring sports activities. He further noted the
Council should be aware there are three aging facilities that have to be dealt withif
the question is voted down on the ballot.
Mr. Barnett reviewed cost options of fixing old facilities versus a new one, noting it
would be more cost effective to build a new facility.
Councilmember Olsen suggested putting the dome where the existing arena is after
the arena has been moved.
Councilmember Burandt questioned if the bond debt could be reduced from the
proceeds of the current assets.
Mr. Barnett stated there would be too many assumptions and unknowns and
suggested keeping that issue separate if the Council plans to send this to a vote.
Councilmember Burandt stated the Lions Park site seems very unlikely due to the
soil. She stated she would like to see DAAC fields moved first if the facility is located
at Orono.
City Council Minutes Page 6
June 6, 2016
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Council had a discussion on the ballot question and the best way to frame it and lay
out the alternatives.
Consensus of Council was to continue to move forward with planning and discuss
further when the soil testing is completed for the Lions site.
10.2 Curbing and Paver Standards
Mr. Femrite and Mr. Carlton presented the staff report.
Councilmember Westgaard stated it would be difficult to require one standard that
fits all situations as it restricts the developer and homeowner when designing and
constructing a home on a lot. He did comment the B618 curb style is better looking
and helpful to plow operators for snow removal.
Mr. Femrite noted the flexibility would still be allowed for standard developments
but he recommended B618 for Planned Unit Developments where lot widths are
smaller.
Councilmember Olsen expressed concerns with the difference in longevity of the
surmountable versus the B618 style.
Mr. Femrite stated the durability of each product is dependent upon the quality of
the concrete more than the style of the curbing.
Mayor Dietz expressed concerns with having enough parking when allowing the
surmountable curb in smaller lot developments.
Councilmember Wagner suggested a condition requiring dedicated parking within a
development in a specific location if the surmountable style is allowed. She
concurred with Councilmember Westgaard’s comments.
Mayor Dietz noted the purpose of the Planned Unit Development is to be able to
give things to a developer, but the city should get a benefit in return too. He cited
the example of allowing a developer to build on smaller lots, noting we should get
the B618 curb style to prevent other issues in the development, such as driveway
creep. He further noted the developer is making money and will be gone once the
development is completed, leaving the city to deal with issues.
Mr. Femrite stated beautification, plowing, parking, and driveway expansion creep is
staff’s concern with the surmountable style curbing.
Councilmember Westgaard questioned the cost difference between the two products.
Mr. Femrite stated it is minimal, noting bid-wise there is not much difference, but
there may be more in labor in setting the B618.
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June 6, 2016
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Mr. Carlton discussed current zoning ordinance standards and staff’s
recommendations for changes in regards to pavement styles, such as asphalt versus
gravel, and existing parking lot curbing requirements.
Councilmember Westgaard questioned the definition of beautification for Elk River.
He stated in some applications a less impervious surface assists with storm water
management. He noted that Houlton Preserve and Bailey Park are in the Urban
Service District and thought they were more beautiful in a more natural state. He
commented that maintenance is the real issue. He stated he agrees with staff’s
recommendations for parking areas in business districts. He further stated there are
some situations where he is okay with a gravel surface.
Staff noted Class 5 has to be treated and is an impervious surface per the Minnesota
Pollution Control Agency.
Councilmember Olsen stated gravel doesn't look good in the business districts.
Councilmember Wagner stated she has issue with requiring paving for all business
owners located within the Urban Service District, and felt the standards need to be
more flexible.
There was discussion about the ERX Motorsports and fairgrounds properties and
their current requirements for curbing.
Councilmember Westgaard suggested the city could accomplish its goals in other
ways without requiring paved surfaces.
Mayor Dietz stated curb and gutter is much more appealing and the city should
move towards requiring it. Mayor Dietz questioned why Section 30-901 (b)(3) is in
the existing requirements (allowing applicant to present hardship case in order to get
out of curbing requirements). He noted everyone will claim a hardship and it then
puts pressure on staff and Council. He further stated he would like to see staff's
recommendation for existing parking lot paving requirements.
10.3 Pinewood Golf Course
Mr. Hecker presented the staff report.
Councilmember Wagner questioned if any professional golf school would have an
interest in the course. She further questioned having a park steward for the course.
She asked about costs to run Hillside Park and Woodland’s Regional Park.
Mr. Portner stated the city hires maintenance for field preparation during the busy
summer season, then, after the season, staff transitions to Woodlands/Hillside,
which don’t require as much daily operations maintenance.
City Council Minutes Page 8
June 6, 2016
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Mayor Dietz stated the amount of money already invested in the course is too high
and suggested adding an option in a Request for Proposal to sell it. He stated
generating revenue is an issue and seniors won't pay higher rates. He noted the
greatest expense would be wages. He questioned if there are ways to lower the
budget by using volunteers.
Mr. Hecker stated other cities don't use volunteers due to the labor intensity needed
for some duties. He stated some tasks volunteers could handle are to take in fees or
teach other golfers.
Councilmember Olsen stated there is a need for golf for kids and seniors in the
community because the larger courses have too much pressure and more
experienced golfers. He stated the city could increase the training opportunities for
the Elk River High School kids.
Councilmember Wagner concurred with Mayor Dietz. She stated the city shouldn’t
run a clinic. She commented the city could possibly rent it out for some additional
revenue once in a while if there was a school in the metro area that would be
interested.
Mayor Dietz stated the city could sell it with the requirement it stay a course for 5
years. He questioned whether the Council could require a new owner to keep it a
course for a few years or limit the number of homes on the property when
developed. This would relieve the city of capital expenditures.
Councilmember Wagner stated it was not unreasonable.
Mayor Dietz stated if the course is retained, expenses must come down, which may
mean having a large volunteer group. He stated he is not willing to subsidize it.
Council consensus stated their least favorable option was to sell it for development.
Councilmember Westgaard stated his second least favorable option would be to
operate it as it was in the past.
Councilmember Olsen stated he doesn't believe the city should be involved with the
course but should lease or sell it.
Mr. Portner noted the evolution of golf courses from country clubs, to private pay to
play clubs and municipal courses. He stated that municipal courses were intended to
provide golf to the community and subsidies were tolerated. The question is what is
the Council’s tolerance for a subsidy limit. If the decision is to sell and the desire is
to put limits on the parcel, the market today may not bring the highest return in this
part of town. Also, the unsubsidized golf market is not very strong in the
community, which was stated in the 2006 course study and if turned over to a third
party to operate it may not stay a course for very long.
City Council Minutes Page 9
June 6, 2016
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Councilmember Burandt stated she is not in favor of selling the course and
suggested trying to lease it or have a management company run it in order to see
how it works out.
Councilmembers Wagner, Westgaard, Dietz concurred to list it for sale as an option
in the Request for Proposal.
Dave Halgren spoke in support of keeping the golf course so seniors and kids could
use it.
10.4 Wapiti Park Campground
Mr. Portner presented the staff report. He stated staff would support a petition and
waiver agreement even though the program has been discontinued. He noted there
would be very little exposure to the city and the agreement would run with the
property.
Council consensus is they would have no issues with Wapiti Park Campground
applying for a conditional use permit or liquor license as long as they complete their
septic system compliance conditions first.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 11:12 p.m.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk