4.1. DRAFT MINUTES (3 SETS) 07-18-2016
Closed Meeting of the Elk River City Council
Held at Elk River City Hall
Monday, June 20, 2016
Members Present: Mayor Dietz, Councilmembers Burandt, Westgaard, Wagner, and
Olsen (5:36 p.m.)
Members Absent: None
Staff Present: City Administrator Calvin Portner and Elk River Municipal Utilities
General Manager Troy Adams
Also Present: Attorney Peter Beck
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 5:34 p.m. by Mayor Dietz.
2. Closed Meeting
The purpose of the meeting was to consider the purchase or sale of real property
described as PID #75-411-0220 and 75-411-0250 also known as 1437 Main Street
NW, pursuant to MN Statute §13D.05, subdivision 3(c).
3. Adjournment
There being no further business, Mayor Dietz adjourned the closed meeting of the
Elk River City Council at 5:55 p.m.
John J. Dietz, Mayor
Tina Allard, City Clerk
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, June 20, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Fire Chief T. John Cunningham, Planner I BrieAnna Simon, Senior
Planner Chris Leeseberg, Interim Finance Director Lori Ziemer,
Parks and Recreation Director Michael Hecker, Stormwater
Coordinator Brandon Wisner, City Attorney Peter Beck, City
Engineer Justin Femrite, ERMU General Manager, and Executive
Secretary/Deputy City Clerk Jessica Miller
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 6:01 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 06/20/2016 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the June 20, 2016, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Mayor Dietz stated, at the June 6, 2016, meeting he questioned whether a private
kennel license on the consent agenda was located on Joplin Street and had a
Conditional Use Permit approved at the previous meeting. He stated he was told by
staff it was a different application, but once the meeting was over he was informed it
was the same application. He wanted this noted for the record.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 Minutes
May 16, 2016
June 6, 2016
4.2 Check register, check numbers 9855 and 97248-97401 as outlined in the
staff report.
City Council Minutes Page 2
June 20, 2016
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4.3 Pay estimates as outlined in the staff report.
4.4 Solicitor license issued to Scott Rosen, No Dirt Solutions, LLC. valid
until December 31, 2016.
4.5 Resolution 16- 34 authorizing transfer from Municipal Liquor Fund to
Park Improvement Fund.
4.6 Peddler license issued to David Barnhill, valid until December 31, 2016.
4.7 Temporary on-sale liquor license to the Elk River Lions for the
Sherburne County Fair, July 14 – 17, 2016.
4.8 Special Event Permit issued to Mosaic Sales Solutions for an event at
Walmart, 18185 Zane Street, on July 2, 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 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 tent area set up.
3. The tents 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. All food service must comply with state licensing regulations.
4.9 Resolution 16-35 appointing election judges for the 2016 elections.
4.10 Temporary sales/storage of fireworks issued to Renaissance Fireworks
to sell fireworks June 24, 2016, through July 6, 2016, from a tent in the
Elk Park Center parking lot (19211-19216 Freeport Street NW), with the
following condition:
Inspection of the outside sales area 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
tent set up.
Motion carried 5-0.
4.B.1 Property Acquisition: Resolution Authorizing Condemnation of Land
for Public Purpose
PID# 75-411-0220 & 75-411-0250 also known as 1437 Main
Street NW, Elk River
City Council Minutes Page 3
June 20, 2016
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Mr. Adams presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt resolution 16-36 authorizing condemnation of land for
public purpose 5-0.
5. Open Forum
No one appeared for open forum.
6.1 City of Elk River Volunteer of the Month – Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Stan Denne, Volunteer of
the Month for June. He noted the following volunteering accomplishments:
Health Insurance counselor for Central MN Council on aging
Former United Way board member, financial advisor, and treasurer
RSVP volunteer working with United Way, Elk River Art Fair, and History Day
Project.
Meals on Wheels volunteer
AARP tax aide assistant
Knights of Columbus volunteer
Church volunteer
6.2. Blue Star Award
Mr. Wisner presented the staff report.
Alisha Uzarek, Friends of the Mississippi River, presented the Blue Star Award to
the Mayor and City Council. Mr. Wisner accepted the award on the city’s behalf. She
stated 40 communities have completed the assessment but only 22 have been
awarded the Blue Star Award.
6.3 CenterPoint Energy Check Presentation
Chief Cunningham presented the staff report. He noted the contribution will be
used to purchase multi-gas meters for the Fire Department.
Nate Vassar, CenterPoint Energy, presented a check in the amount of $2,500 to the
City of Elk River.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to adopt resolution 16-37 acknowledging contributions from CenterPoint
Energy for the purchase of multi-gas meters for the Fire Department. Motion
carried 5-0.
City Council Minutes Page 4
June 20, 2016
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7.1. Conditional Use Permit for Off-Road Racing Facility – ERX Motor
Park/Carlson, 21591 U.S. Highway 169
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Todd Plaisted, co-owner of Elk River Extreme Motor Park – explained the area is
constantly changing depending on event requirements and asked Council to waive
the curb and gutter requirements for this request. He also requested the Council
consider allowing overnight parking of RVs and campers.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Councilmember Westgaard asked for clarification on what type of overnight parking
staff is hoping to prevent. Mr. Leeseberg explained the condition prohibiting
overnight parking is a blanket condition but staff re-evaluated the condition based on
use of the property and revised the condition language to allow sponsor
vehicles/trailers overnight. He stated staff is hoping to prevent the property from
becoming a campground. Councilmember Westgaard asked Mr. Plaisted if he was
agreeable to the condition. Mr. Plaisted indicated the condition has been in place for
the past six years and he is ok with it.
Councilmember Westgaard stated he agrees with the Planning Commission that the
curb and gutter requirement should be waived. Councilmembers Burandt and
Wagner concurred. Councilmember Wagner stated curb and gutter is not a cost that
is efficient, at this point, for the ERX facility.
Mayor Dietz asked Attorney Beck if the Council can revisit the curb and gutter later
if the requirement is waived this evening. Attorney Beck explained not unless the
applicant requires additional land use approvals or an amendment to the conditional
use permit. He added the Council could include triggers in the permit approval.
Mayor Dietz explained he thought curb and gutter would be installed in the paved
parking areas but not in the other area. He stated he was comfortable with that plan
but isn’t in favor of waiving the curb and gutter entirely. Councilmember Westgaard
stated he believes the applicant will require additional land use approvals as the area
grows and the Council will get another change to consider curb and gutter.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the Conditional Use Permit by ERX Motor Park for off-
road racing, Case No. CU 16-15, with the following conditions:
1.The Conditional Use Permit shall not be recorded until all conditions have
been completed.
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June 20, 2016
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2.The applicant must apply for and receive approval for all required permits
before any construction may begin.
3.The city’s building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
4.Hours of operation shall be limited to Monday through Saturday 7:00 a.m.
– 10:00 p.m. and Sunday 8:00 a.m. – 8:00 p.m.
5.An amendment to this CUP will be required for future
expansions/additions not shown on the plan dated May 17, 2016.
6.Staff approval of a spectator safety plan.
7.Staff approval of an on-site traffic/distribution plan that demonstrates:
a.Logical on-site distribution of participants, spectators, and public
safety.
b.Adequate on-site stacking for admission and egress.
c.Adequate off-site stacking for access and egress without impacting
U.S. Highway 169.
8. Except for team and sponsor vehicles/trailers, no overnight parking shall
be allowed.
Motion carried 5-0.
7.2 Conditional Use Permit for Auto Sales – Xcel Properties/Buzick, 580
Dodge Street
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
John Buzick, Manager Xcel Properties LLC – disagreed with staff’s parking
calculations. He requested the city allow at least ten dealers rather than the nine staff
is recommending.
Mr. Leeseberg reviewed the parking numbers again.
Councilmember Westgaard indicated parking requirements are determined by state
statute and according to calculations there are only enough parking stalls identified
for nine dealers.
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Gary Santwire, Equity Management/Rivers Crossing, 200 – 5 Street NW – stated
he owns the neighboring commercial and townhome properties. He indicated auto
repair is not allowed under the planned unit development agreement and would be a
disruption to the neighboring townhomes. He added the adjacent townhomes have
patios close to this property and even changing tires would be a disruption. He
noted the auto repair on the corner is not part of the planned unit development
agreement. He also expressed concerns with the parking impact on his properties.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
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June 20, 2016
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Councilmember Wagner agreed auto repair should not be allowed. She noted the
request is for an auto dealer, not auto repair. The applicant agreed to no auto repair.
Councilmember Wagner questioned if parking lot islands are required. Mr. Leeseberg
stated staff’s recommendation is to include parking lot islands but he has no issue if
they are narrower than originally proposed noting the applicant wouldn’t gain
enough stalls for an additional dealer by removing or making the islands narrower.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the Conditional Use Permit for auto sales requested by
Xcel Properties, Case No. CU 16-12, subject to the following conditions:
1.The Conditional Use Permit shall not be recorded until all conditions have
been completed.
2.The authorized use shall not begin until the Conditional Use Permit is
recorded.
3.The applicant must apply for and receive approval for all required permits
before any construction may begin.
4.The city’s building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
5.Auto repairs shall not be allowed.
6.Two (2) concrete curb and gutter parking lot islands shall be installed as
shown on the parking exhibit.
7.City-required parking stalls shall be striped in accordance with city
ordinance, Section 30-892.
8.No vehicle displays shall be allowed in the parking lot just west of the
subject building as shown on the parking exhibit.
9.All vehicle display shall occur in the parking lot north of the subject
building as shown on the parking exhibit.
10.The vehicle display area does not need to be striped, as shown on the
parking exhibit.
11.The number of dealers shall be limited to nine (9).
12.No more than 41 “for sale” vehicles may be displayed outside on the
subject property.
Motion carried 5-0.
7.3 Conditional Use Permit to Amend Elk Park Center PUD Signage –
Hiltons Displays/Starbucks, 19179 Freeport Avenue
Ms. Simon 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.
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June 20, 2016
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Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the Conditional Use Permit amending the Elk Park Center
planned unit development sign regulations, Case No. CU 16-13, as outlined in
the staff report. Motion carried 5-0.
7.4 Conditional Use Permit for Auto Repair – Lindeman/KL Tunes, 16820
U.S. Highway 10
Mr. Carlton presented the staff report. He stated condition #5 should be amended to
restrict vehicle drop-offs to the east side of the building to address concerns about
noise and headlight glare. He also stated condition #9 has been added to address
concerns regarding the condition of the site.
Mayor Dietz opened the public hearing.
Steven Kedrowski, 16811 Yale Street - gets headlights from cars pulling along the
side of the business. He indicated he believes the applicant is street tuning vehicles
using Highway 10 rather than using the Dynotune. He expressed concern with the
level of noise from the street tuning.
Connor Mickelson, 16831 Yale Street – also expressed concerns with headlight
glare. He added most of the vehicles are high performance and are loud and rattle his
house when started. He stated the applicant uses Highway 10 as a launch pad for test
driving which is a problem. He expressed concern the city had conversations with
HiTech Auto and problems continued.
There being no one else to speak to the issue, Mayor Dietz closed the public hearing.
Councilmember Westgaard questioned if the city can impose a condition prohibiting
the applicant from taking vehicles on Highway 10. Attorney Beck explained he
doesn’t believe the city can regulate the use of a state highway as long as the vehicles
are street legal, as defined by state law.
Councilmember Westgaard indicated the city had numersous conversations with
HiTech Automotive and believes this applicant needs to adhere to the same rules
which are addressed in the conditions recommended by staff.
Mayor Dietz asked if test driving would be limited to the hours of operation. Mr.
Carlton explained vehicles should not be pulled in or out of the garages outside of
allowed business hours.
Councilmember Burandt questioned the definition of street legal.
Attorney Beck explained state law defines street legal and is determined by state and
local law enforcement. She questioned if the city could require a fence to prevent
headlights from bothering the neighborhood.
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June 20, 2016
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Mr. Carlton explained the Council could require a fence but vehicles should not be
moved throughout the property outside of the regular hours of operation. He further
explained staff’s attempt to mitigate these concerns by requiring strict hours of
operation and emergency after-hours drop-off only in the front.
The Council urged the business owner to be a good neighbor.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Conditional Use Permit request by Lindeman/KL
Tunes, 16820 U.S. Highway 10, Case No. CU 16-14, subject to the following
conditions:
1.The CUP shall not be recorded until conditions two and three have been
satisfied, and the use will not be considered a legal operation until the
CUP has been recorded.
2.The city’s building official and fire marshal shall inspect the leased space
for compliance with all state and local building codes.
3.Submit documentation for the issuance of all required MPCA hazardous
waste licenses, or written documentation that the licenses are not needed.
4.Hours of operation shall be limited to 10 a.m. to 6 p.m. Monday through
Friday, 9 a.m. to 4 p.m. Saturdays, and closed on Sundays.
5.The 24-hour emergency service operation shall be limited to the drop-off
and parking of vehicles only. All vehicle drop-offs must occur on the east
side of the building.
6.No vehicles receiving repairs, service, or tuning shall be parked outside
overnight.
7.The garage door on the south side of the leased space shall be closed at all
times, except for the moving of vehicles into or out of the building.
8.All vehicle repairs, servicing, or tuning must occur inside of the building.
9.The site must be kept in a neat and orderly manner at all times. Trash, car
parts, and other debris may not be left outside at any time.
Motion carried 5-0.
7.5 Paxmar – River Park Third Addition – Outlot A, River Park Second
Addition
1.Preliminary Plat of River Park Third Addition
2.Final Plat Resolution
3. Development Agreement
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearings. There being no one to speak to these
issues, Mayor Dietz closed the public hearings.
City Council Minutes Page 9
June 20, 2016
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Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the preliminary plat for River Park Third Addition, Case No. P 16-
05, subject to the following conditions:
1.Street lights be installed as required by Elk River Municipal Utilities.
2.All mailboxes shall be clustered.
3.Staff approval of updated plat, site, grading, drainage, and utility plans.
4.Setback requirements for the front yard will be reduced to 25 feet, and
applies to both front yards of a corner lot.
5.Setback requirements will be adjusted to require a minimum of 15 feet
between structures.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 16-38 approving the final plat for River Park
Third Addition, Case No. P 16-05, with the following conditions:
1. Staff approval of an updated final plat reflected of changes to the
preliminary plat.
2. A developers agreement be prepared and executed outlining the terms and
conditions of the plat approval prior to releasing the final plat for
recording.
3. Park dedication shall be paid at 72% of the cash amount required by the
city at the time the final plat is released for recording (currently
$1,425.93/lot).
4. Surface Water Management Impact Fee be paid in the amount required by
the city at the time the Final Plat is released for recording. (currently
$226/lot)
5. Water Availability Charge shall be paid in the amount required by the city
at the time the Final Plat is released for recording. (currently
$335/plumbing unit)
6. A Letter of Credit shall be provided to the city in the amount of 100% of
the costs of the public improvements.
7. Upon completing all of the improvements, and having them accepted by
the city, a security or warranty in a form acceptable to the City Engineer
will be secured.
8. A development plan shall be approved by the City Engineer prior to the
issuance of building permits.
9. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to the city
immediately. Further, the city reserves the right to stop work authorized in
its approval until the site is appropriately investigated and work is
authorized.
Motion carried 5-0.
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June 20, 2016
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Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the Development Agreement for River Park Third
Addition. Motion carried 5-0.
7.6 Franklin Outdoor Advertising – Outlot A, Elk Path Business Center
1.Preliminary Plat of KAF Acres
2.Final Plat Resolution
3. Conditional Use Permit for Changeable Copy Signs
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Keith Franklin, owner Franklin Outdoor Advertising – requested the Council
approve the request as presented as he has been working on this project for two
years. He indicated staff did not identify the need to acquire additional right-of-way
until after the request was approved by the Planning Commission. He added he sent
the information to his attorney for review but the attorney has not had time to
review with the short turnaround.
Steve Anderson, representing Franklin Outdoor Advertising – understands the need
for additional right-of-way but wasn’t prepared for it and hasn’t had time to research
the request. He stated they just want to move the billboard and meet requirements of
zoning district. He asked the Council to approve the request with conditions as
outlined until they have time to research the right-of-way dedication.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
The Council expressed concern with approving this item without the additional
right-of-way and felt more comfortable with this item coming back after the
applicant has time to research the right-of-way request. The applicant agreed to
continuing this item for 30 days.
Mr. Anderson questioned if the Stormwater Management Fee could be waived as the
lot includes its own stormwater management pond. Mr. Carlton stated staff does not
have authority to waive fees associated with platting.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to continue this item to the July 18, 2016, City Council meeting. Motion
carried 5-0.
7.7 Easement Vacation for Pipe Portfolio (Forterra), 1340 6 Street
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Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
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June 20, 2016
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Mayor Dietz confirmed Elk River Municipal Utilities is agreeable to this as
presented. Mr. Carlton indicated he met with ERMU staff and they are good with it
as long as the city receives the easements as outlined.
Marinus VanPutton, attorney for the applicant – stated Forterra is agreeable to
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staff’s recommendation. He added the city owns about 33-feet of right-of-way for 8
Street and the applicant would need a Quit Claim Deed for the city owned strip that
runs through the road. He explained the rest of the right-of-way is owned by heirs
and court action is in progress to identify reverse claims. He added all heirs have
received notice and no objections have been received.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Mr. Carlton stated with the new information Mr. Van Putton presented, he would
suggest adding condition #9 that a Quit Claim Deed be executed allowing transfer of
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the city’s portion of the right-of-way for 8 Street to Forterra.
Attorney Beck indicated additional Council action may be required and he will
consult with the city’s real estate attorney.
Councilmember Westgaard questioned the property identified in pink.
Attorney Beck explained the property is either owned by the city or Forterra, and, if
the applicant owns the property, the city would like to retain the easement.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt resolution 16-40 vacating three road right-of-way easements,
Case No. EV 16-11, with the following conditions:
1. The resolution vacating the described easements will not be recorded
until all conditions have been met, and the new easements have been
recorded.
2.Amend Industrial Boulevard vacation request to reflect the attached
graphic.
3.Complete a survey to locate all existing public utilities.
4.Prepare new easement documents to establish a 20-foot easement around
all public utilities.
5.Prepare an easement document to establish an ingress/egress and utility
easement on the north 60 feet (along BNSF property) of PID 75-402-0072,
between the right-of-way for Quinn Avenue NW and the city-owned lot
(PID 75-402-0082).
6.Obtain a title commitment on the property from the north end of the
Quinn Avenue right-of-way to the BNSF property. The property shall be
included in the required ingress/egress easement.
City Council Minutes Page 12
June 20, 2016
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7.Prepare an easement document to the satisfaction of CenterPoint Energy,
addressing concerns with an existing gas main. Described in the attached
letter.
8.Execute a license agreement, to the satisfaction of the city, permitting
parking on the city owned parcel (PID 75-402-0082).
9.Transfer ownership of the 33 foot wide parcel of land known as 8th Street
from the City of Elk River to Forterra Concrete Products, Inc.
Motion carried 5-0.
7.8 2015 National Pollutant Discharge Elimination System (NPDES)
Annual Report
Mr. Wisner 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.
7.9 Fee Schedule Amendment
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to July 5, 2016.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to continue the public hearing to July 5, 2016. Motion carried 5-0.
8.1. Minnesota Off-Road Cycling Agreement for Hillside Park
Mr. Hecker presented the staff report.
Mayor Dietz questioned if MORC volunteers would be city volunteers.
Mr. Hecker explained if the volunteers are performing work defined in the
Minnesota Off-Road Cycling (MORC) agreement they would be MORC volunteers.
If they are working outside of the MORC agreement, they would be city volunteers.
Attorney Beck indicated city liability and insurance is addressed in the Memorandum
of Understanding with MORC, adding the city is covered under the agreement.
Discussion took place about the trail map presented. Mr. Hecker stated the map is
not final and staff will bring back a map and cost options.
Councilmember Wagner stated she would like to see her comments from the
Council work session incorporated and feels like Hillside Park has a lot of potential.
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June 20, 2016
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Councilmember Westgaard confirmed the Council is only approving the
Memorandum of Agreement with the Minnesota Off-Road Cyclists (MORC) tonight
and questioned timing on a vision, master plan implementation, and budget for
Hillside Park. Mr. Hecker stated yes, the Council is only approving the MORC
agreement tonight and indicated a master plan should be completed this summer.
Mr. Portner indicated park budgets for improvements are handled through the
Capital Improvement Plan process.
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to approve the Memorandum of Agreement between the City of Elk River and
the Minnesota Off-Road Cyclists. Motion carried 5-0.
8.2 Line Avenue Traffic Operations Study
Mr. Femrite presented the staff report.
The Council discussed the study and expressed concerns with some of the findings.
Council consensus was for Mr. Femrite to bring this item back for discussion at a
future work session.
The Council recessed to the Upper Town Conference Room at 9:03 p.m. in order to go in
to work session. City Council reconvened at 9:10 p.m.
9.1 Lake Orono Management
Ms. Mroz and Mr. Wisner presented the staff report. They provided background
information on the association, related committees, and the watershed.
Sedimentation
Ms. Mroz indicated Lake Orono was dredged in 1999 and the study completed at
that time suggested the lake would need to be dredged again in 25 years. She
explained the sedimentation is building and may need to be dredged again soon. She
stated a feasibility study would be the next step if the city is interested in moving
forward. She noted the dredging in 1999 was paid for with property assessments,
sales tax, and contributions from the lake association, city, and the Soil and Water
Conservation District. She also noted having a history of dredging this lake may
assist in the permit process.
Mr. Wisner stated the sedimentation cannot be stopped due to the agricultural uses
up stream. He explained a partnership with the Soil and Water Conservation District
is important because they work with properties and agricultural uses up stream.
Councilmember Burandt questioned if Legacy Funds could be used for dredging.
Mr. Wisner indicated he is not aware of any dredging projects receiving this funding.
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June 20, 2016
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He added the only dredging he is aware of receiving state funding was in Albert Lea
on a lake heavy in tourism.
Aquatic Vegetation
Mr. Wisner explained aquatic vegetation feed on phosphorus and other nutrients in
the lake. These nutrients increase with sedimentation as well as from upstream,
stormsewer, and the drain system. He estimated one pound of phosphorus produces
500 pounds of algae so any reduction in phosphorus helps. He added the shallow
water and warm temperature in Lake Orono create conditions condusive to aquatic
vegetation. Ms. Mroz and Mr. Wisner outlined various ways to manage curly leaf and
other aquatic vegetation.
Mr. Wisner noted the MN Department of Natural Resources reviews drawdowns on
a case by case basis.
Water Quality Testing
Mr. Wisner outlined the water quality testing procedures and schedule. Ms. Mroz
stated the city tests at or above the state requirements.
Lakeshore Buffers
Mr. Wisner explained the important of lakeshore buffers and outlined buffer
examples and recommendations.
Mr. Wisner explained in 2018 a new law goes into effect requiring the city to meet
nutrient reduction which will be shown in the MS4 documentation for Total
Maximum Daily Loads (TMDL). He added the city has already started the TMDL
requirement and has budgeted for it.
Communication and Education
Ms. Mroz outlined a list of communication tools.
Lake Orono Management Plan
Ms. Mroz reviewed the action item calendar and action plan.
Mr. Wisner indicated staff will look into information relating to budget,
expenditures, testing, and feasibility and bring back for future discussion.
9.2 Concept Review: Spectrum Middle School Expansion
Mr. Leeseberg presented the staff report. He noted he was informed by Spectrum
that Option 2, as outlined in the staff report, is no longer an option for expansion.
Mayor Dietz stated he had a difficult time with Spectrum’s request to move into the
business park 10 years ago and is having a difficult time with the request today. He
noted 10 years ago the city was told by Spectrum officials the business park location
was only temporary. He added at that time the city was having trouble filling the
business park, so the request was allowed, but now it seems like Spectrum is taking
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June 20, 2016
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over the business park. He indicated he is happy to see Spectrum’s growth but feels
that by allowing expansion in the business park, other businesses are being
discouraged. He stated he has received numerous complaints from neighboring
businesses about parking.
Councilmember Westgaard agreed with many of the Mayor’s comments. He
questioned the long term plan for the school.
Vanessta Spark, Spectrum Executive Director, explained the school board’s five
ththth
year plan is to move 7 and 8 grade to the 6 grade location because it is working
so well. She stated their goal isn’t to take over any more buildings.
Councilmember Westgaard stated he believes it would be best for Spectrum to look
for a campus outside of the business park.
Councilmember Wagner concurred with the Mayor and Councilmember Westgaard’s
concerns. She stated she has a student attending Spectrum and knows what it’s like
dropping off and picking up. She added she’s not sure it’s right to have a school in
the middle of a business park. She expressed concerns with parking if an athletic
event is held at the business park location. She suggested Spectrum staff speak with
Economic Development staff and see if there are any vacanct properties that would
be appropriate and would allow all the school facilities to be in one location.
Mayor Dietz expressed concern with the sports dome.
Rick Peterson, Spectrum Facilities Manager/Athletic Director – stated the dome
would only be used as a practice facility and for physical education classes. He added
he believes traffic flow will improve if Spectrum expands to the other half of the
building.
The Council directed Spectrum to work with city staff and come back for additional
discussion.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 10:39 p.m.
Minutes prepared by Jessica Miller.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk
Meeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, July 5, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: Fire Chief T. John Cunningham, Planning Manager Zack Carlton,
Engineer Justin Femrite, Acting Finance Director Lori Ziemer, and
Recording Secretary/Sr. 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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 07/05/2016 Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the July 5, 2016, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 Check register, check numbers 9856-9858 and 97402-97574 as outlined
in the staff report.
4.2.A. Special Event Permit for the Sherburne County Agricultural Society for
the Sherburne County Fair and Parade held on July 14 – 17, 2016, with
subject to the following conditions:
1. Applicant shall provide garbage clean-up immediately following
the parade.
2. Signs shall be installed at the following locations no later than July
9, 2016:
a. Main Street and Morton Avenue (alerting westbound traffic)
b. West of Orono Road at Main Street and Joplin Street (alerting
eastbound traffic)
c. On Joplin Street at Orono Parkway (alerting southbound traffic)
d. Proctor Avenue and Main Street (alerting southbound traffic)
The signs shall state:
City Council Minutes Page 2
July 5, 2016
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Main Street Closed
July 16
10 a.m. – Noon
Parade
3. Applicant shall provide portable toilets and inform all parade staff
of the location of the toilets during parade staging.
4. Alcohol must be limited to the beer garden and grandstand area.
Wrist band control is required for patrons 21 and over.
5. Applicant shall ensure all applicable fire codes have been met and
all tents must be inspected by the fire marshal prior to opening.
Applicant is responsible for contacting the fire marshal at
763.635.1110 or 763.238.3489 to arrange for an inspection.
6. Applicant is responsible for ensuring the grandstand bleachers are
inspected properly and for ensuring maximum capacity is not
exceeded.
7. It is understood fair security will be handled by the Sherburne
County Sheriff’s Office. The Sherburne County Sheriff’s Office
denied a request for additional staffing from the Elk River Fire
Department.
8. Applicant shall provide the Elk River Fire Department, Division of
Emergency Management, with a copy of the Emergency
Operations Plan to include, but not limited to, appropriate annexes
for severe weather.
9. Access to the public safety facility, including the rear entrance area,
shall not be obstructed.
10. Candy may be handed out at the parade but is not permitted to be
thrown from moving objects.
4.2.B. Pyrotechnic Fireworks Display for Chuck FX, LLC, to conduct a
pyrotechnic display from the Sherburne County Fairgrounds on
Friday, July 15, 2016, with the following conditions:
1. Applicant must contact the fire marshal at 763.238.3489 to schedule
pre-loading and post-loading inspections.
2. Fire watch shall be established per direction of fire marshal.
3. Audience distance will be set onsite.
4.3 Solicitor licenses for the following employees of Aptive Environmental,
valid until December 31, 2016:
Derek Beutler
Jason Beutler
David Daines
Bryten Farley
Payden Hathaway
Brigham Lindsay
George Parsons
Brandon Pelfrey
Elliot Pelfrey
Tyler Vance
City Council Minutes Page 3
July 5, 2016
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4.4 Joint Powers Agreement 2016-22 with the Bureau of Criminal
Apprehension for the MN Internet Crimes Against Children
Taskforce, and designating the legal authority for signing contracts, as
outlined in the staff report.
4.5 Approve $196,200 in professional services from Hakanson Anderson,
Inc., associated with engineering services for the 2017 Street
Improvements as outlined in the staff report.
4.6 Temporary pay adjustment for Tristan Nicka for acting as interim IT
manager effective June 28, 2016, as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Presentations, Awards, and Recognition
There were no presentations, awards, or recognition given.
7.1. Ordinance Amendment Regarding Park Dedication Fees
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak at the hearing,
Mayor Dietz closed the public hearing.
Mayor Dietz stated he would like a future discussion to examine the possibility of
allocating additional liquor store profits to cover the eventual decrease in park
dedication money collection.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Ordinance 16-13 modifying the park dedication requirements
described in Secion 30-327 of the City Code as outlined in the staff report.
Motion carried 5-0.
7.2. Ordinance Amendment for 2016 Master Fee Schedule to Update Park
Dedication Fees and Rental Dwelling Licensing Fees
Chief Cunningham presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve Ordinance 16-14 amending the 2016 Master Fee Schedule
to update the Park Dedication Fee and Rental Dwelling License Fees of the
City Code as outlined in the staff report. Motion carried 5-0.
City Council Minutes Page 4
July 5, 2016
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8.1. Discuss Work Session Items
There were no additions made to the work session agenda.
Signalization Update
Mayor Dietz provided an update regarding a meeting he and Councilmember
Wagner had with Representative Mary Kiffmeyer to discuss MnDOT’s recent state-
funded highway corridor traffic study in Elk River. He stated as a result of this study,
signals were adjusted to allow local residents additional time to travel through town
and cross highways. Mayor Dietz discussed a recommendation of adding flashing
yellow left-turn arrows to increase traffic movement and asked MnDOT for a cost
associated with those additions. He stated he would like to discuss cost-sharing these
signal change improvements at the future joint meeting with the Sherburne County
Board of Commissioners.
Mayor Dietz asked Mr. Femrite to discuss the Parrish Avenue traffic backup. Mr.
Femrite indicated the adjustments made on the main line traffic on Highways 10 and
169 will eventually help incentify traffic to stay on the main highways, and avoid the
cut-through on Parrish Avenue that their phone apps may determine is a quicker
course to take.
----------------------
Chief Cunningham discussed possible dates for a joint meeting with the Sherburne
County Board of Commissioners. After some discussion regarding schedules, July
27, 2016, was chosen as a possible date to meet and Chief Cunningham would
contact the county to finalize.
9.1 Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
The Council recessed at 6:57 p.m. in order to move into a work session. The meeting
reconvened at 7:05 p.m.
10.1 Community Center Site Analysis
Adam Barnett from JLG Architects presented the staff report. He recommended,
based upon all the information received, the site with the most potential was
determined to be the location of the Dave Anderson Athletic Complex in Orono
Park. The steering committee reported they were not fully in consensus with this
option and suggested finding a contractor willing to harvest the poor material and
donate the suitable fill needed to offer the location at Lion John Weicht Park (Lions
Park Center site). The steering committee also asked to provide costs associated with
relocation of the baseball fields at the Dave Anderson Athletic Complex to the
Youth Athletic Complex (YAC). The steering committee also wondered what the
council was feeling for the community center site.
City Council Minutes Page 5
July 5, 2016
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Mayor Dietz stated he would love to have the community center located at Lion
John Weicht Park but felt there was too much risk involved to the taxpayers with
building a community center on soft soils unable to carry the load of a modern
building.
Councilmember Olsen asked how staff felt about relocating the Dave Anderson
softball fields.
Mr. Hecker outlined the potential of increasing tournament opportunities and a
syngery of participation that would be generated by increasing fields at YAC.
Dave Williams, field director for the Youth Football Association, was in attendance
and indicated a change in field location wouldn’t affect the youth players he has
currently situated at the Dave Anderson fields.
Councilmember Westgaard asked how confident JLG felt with the proposed field
relocation cost of $1.2 million dollars.
Mr. Barnett indicated final costs could be determined when additional project scope
could be defined but stated this price was consistent with recent construction values
on a fairly level piece of property of similar size and did not include any land
acquisition or asset transfer costs or additional site upgrade costs.
Mayor Dietz stated he would rather put funds into a tangible asset like updated
baseball fields rather than moving dirt with an unknown outcome. He stated street
department staff were involved in the original grading of YAC and felt staff could be
utilized again should they decide to move the fields. He wondered if Sherburne
County could rent time or use the facility as well because it is so close to the county
buildings. Mayor Dietz stated he wants a unified front from the council on their
decision to choose a site.
Discussion was held regarding reusing the former arena site as a practice facility or
gym space facility, which Councilmember Wagner said was in high demand in the
community. She indicated the possibility of having the arena rink space as part of
another phase to this overall project.
It was consensus of the council to move ahead with selecting the Dave Anderson
Athletic Complex, located at Orono Park, as the proposed site for the community
center and provide this choice to the steering committee. Mr. Barnett indicated a
final report from JLG Architects would include more firm cost figures including the
cost to taxpayers.
10.2 Sponsorship Policy
Mr. Hecker presented the staff report. He reviewed the proposed policy and levels of
sponsorship as outlined in the staff report.
City Council Minutes Page 6
July 5, 2016
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He requested council discussion regarding alcoholic beverages. It was the concensus
of the council to review and discuss this portion of the policy at a future work
session.
Councilmember Westgaard asked if the Arena Commission has reviewed this policy,
as they have a separate policy for certain levels of sponsorship at the arena, such as
dasher boards and the Zamboni. He wondered if the two policies should be
combined.
Mr. Hecker indicated the Arena Commission has not had an opportunity to review
the policy. He showed a chart establishing sponsorship dollar amounts for the City
of Shakopee’s community center, and suggested offering a public notice of available
sponsorship opportunities. He felt this policy could be combined with the Arena
sponsorship policy.
It was the concensus of the council to have Mr. Hecker prepare sponsorship cost
proposals and naming rights and allow the council to review the final draft of the
policy.
Mr. Hecker stated he would present this policy to the Arena Commission at their
next scheduled meeting in August for discussion and feedback.
10.3 2017 Budget
Ms. Ziemer presented the staff report and requested council direction for the
proposed tax levy expectations and budget process.
The council discussed preliminary budget figures and budget meetings.
Mayor Dietz stated to plan for a 2% pay increase but indicated he felt it could always
be adjusted. He liked the process of having departments heads involved with the
council to present their goals and budgets to them and be available to answer
questions about their requests.
Councilmember Westgaard indicated he would like to look at the budget as what it
costs to run the city, instead of figuring out a percentage of increase or decrease
from the previous year. He suggested starting with a budget with the same level of
service as the current year and comparing budgets with the last 3 years actuals. He
asked questions regarding using up the fund balance and indicated he didn’t like
carrying a big fund balance from year to year. He also expressed concern with a
possible community center vote to the taxpayers together with an increase in
proposed property taxes.
It was the consensus of the council to proceed with the budget process similar to the
previous year.
City Council Minutes Page 7
July 5, 2016
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11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:31 p.m.
Minutes prepared by Jennifer Johnson.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk