06-06-2016 CCMMeeting 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
I. 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 Councihnember 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.
S. Open Forum
Senator Mary Kiffineyer, District 30 -Discussed the accomplishments and failures
of the current legislative session. She mentioned the Mn/DOT transportation study
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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 Councihnember
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 Councihnember Wagner and seconded by Councihnember 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.
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June 6, 2016
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, IA, 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, IA, 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.
8.2 Discuss Work Session Items
Mr. Portner presented the staff report. He noted he is trying to schedule a joint
meeting on June 20'' with the Sherburne County Board.
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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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 with if
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.
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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. Ferrite 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. Ferrite 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. Ferrite 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. Ferrite 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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Mr. Carlton discussed current zoning ordinance standards and staffs
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 staffs
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.
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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. Pormer 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.
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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 Halgien 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.
II. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 11:12 p.m.
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