4.1. DRAFT MINUTES (4 SETS) 12-19-2016 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, November 7, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks & Recreation Director Michael
Hecker, Recreation Manager Steve Benoit, Park Superintendent Tim Sevcik,
Environmental Technician Kristin Mroz, Planning Manager Zack Carlton,
Senior Planner Chris Leeseberg, Finance Director Lori Ziemer, City
Engineer Justin Femrite and Debbie Huebner, Sr. Administrative
Assistant/Recording Secretary
1. Call Meeting to Order
Pursuant to due call and notice thereo ,t e 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 11/7/2016 Agenda
Moved by Councilmember Westgaar an seconded by Councilmember Olsen to
approve the November 7, 2016, agenda as amended. Motion carried 5-0.
4. Consider Consent Agenda
'Moved by Councilmember Wagner and seconded by Councilmember Olsen to
approve the following consent agenda:
4.1 Check register, check numbers from 9871 - 9874 and 98882 - 99160 as
outlined in the staff report.
4.2 Resolution 16-69, Accept Donation from Zimmerman Fire Relief Association
4.3 Deer Herd Management
4.4 Change Order: Rivers Edge Commons Pak Construction Electrical Upgrade
4.5 2017 Flexible Benefits Plan Design
4.6 Resolution 16-70, Findings of Fact Denying the Sign Variance Requests for
Gateway Church
4.7 Hire Assistant Finance Director
4.8 Sales and Marketing Agreement
Motion carried 5-0.
S. Open Forum
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Gary Santwire, 200 5"' Street NW—requested City Council direct staff to review the
ordinance regarding Hep WYlanted signs. He asked Council to temporarily eliminate the
requirement for permits for these types of signs. He discussed problems associated with
the ordinance requirements including requiring these signs to be on a hard surface, other
location requirements, and multi-tenant building limitations. Mr. Santwire stated that
tenants do not understand why there are so many restrictions on Hep ranted signs for
tenants,when they can be found on any street corner.
Mayor Dietz asked if this issue could wait until spring to be addressed.
Mr. Santwire stated there is a lot of hiring happening now and asked if something
temporary could be done in the interim.
Mayor Dietz asked staff to look at the issue and come back in two weeks with their
findings.
Monte Jensen, 179"'Avenue—Spoke regarding his dissatisfaction with responses from
Councilmember Wagner. He also discussed his concerns with the vehicles parking near the
park in his neighborhood. He expressed his opposition to the community center
referendum, and specifically, the signs posted throughout Elk River in support of it. He
felt the signs were illegal and missing required information about whose signs they are.
Councilmember Wagner responded to Mr.Jensen's comments, stating his disagreement
with her explanation regarding his issues does not relate to the adequacy of her service.
She stated she was disappointed he has posted disparaging remarks about her on a non-city
board on the internet. Councilmember Wagner said the neighborhood park and parking
was forwarded to the Parks and Recreation Commission and Police Department and
indicated she has addressed the statements made by Mr.Jensen,in which he indicated she
had not followed up on his concerns.
Mr. Portner stated he could provide the Council background information on Mr.Jensen's
issues,if they would like it.
6.1 Distinguished Budget Presentation Award and Certificate of Achievement
for Excellence in Financial Reporting
Ms. Ziemer presented the staff report.
Motion by Councilmember Westgaard and seconded by Councilmember Wagner to
accept the Distinguished Budget Presentation Award and the Certificate of
Achievement for Excellence in Financial Reporting. Motion carried 5-0.
7.1. SCB Ventures, LLC — 14043 Business Center Drive NW
■ Preliminary and Final Plat Resolution for Elk Path Business Center Sixth
Addition
Mr. Leeseberg presented the staff report.
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Mayor Dietz opened the public hearing. There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to
adopt Resolution 16-71, granting Final Plat for Elk Path Business Center Sixth
Addition, Case No. P 16-17 with the following conditions:
1. All comments in the Engineer's Memo dated October 4, 2016, shall be
addressed.
2. All comments in the Stormwater Coordinator's Memo dated October 4, 2016,
shall be addressed.
3. All comments in the MnDOT Senior Planner's Memo dated October 12, 2016,
shall be addressed.
4. Surface Water Management Fee be paid in the amount required by the city prior
to releasing the Final Plat for recording. (currently $1,326/acre)
5. Park Dedication shall be paid in the form of cash for 2.94 acres at the City
Council established rate when the subdivision is released for recording. The
current rate is 8% of the county assessed value which equates to $17,925 for this
application. Staff will determine the final amount when the plat is released for
recording.
6. The Final Plat shall not be recorded until the aforementioned conditions have
been completed.
7. No permits shall be issued until the Final Plat is recorded.
8. Failure of the subdivider to submit the final plat within one year, unless a
written request for extension has been submitted and for good cause granted by
the council, shall cause the preliminary plat to become null and void. However,
the subdivider may continue to final plat a phase of the approved preliminary
plat within one year of each phase in order to extend valid approval of the
preliminary plat.
Motion carried 5-0.
7.2 Commercial Kennel Ordinance
Ms. Simon presented the staff report.
Mayor Dietz opened the public hearing.
John Madsen, applicant— stated that staff recommended 14 days maximum overnight
stay,but Planning Commission recommends 30 days. He asked how an exception could
be allowed for those rare circumstances when longer than 30 days is needed, such as
someone on an extended vacation, or undergoing treatment for health reasons. He stated
he would recommend foster care for anyone needed more than 30 days because it would
be more cost-effective for them,but he would like to be able to make an exception for
special circumstances.
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There being no further comments,Mayor Dietz closed the public hearing.
Councilmember Burandt stated she felt 30 days was a reasonable time period.
Councilmember Wagner stated she did not have a problem with 30 days,but suggested
they meet in the middle at 21 days. She asked staff what difference it made whether the
time period was 14 days or 30 days.
Mr. Leeseberg stated generally, multiple dogs cause more activity and more noise. Mr.
Leeseberg stated the applicant could sign out a client at the 14 days, and then re-sign them
for an additional 14 days.
Mayor Dietz asked if staff surveyed other cities.
Mr. Leeseberg stated some cities don't allow this type of business in commercial districts;
some allow with limits, and others have no limits.
Discussion followed regarding enforcement, limiting the number of dogs, and if the
number of days should be limited.
Mayor Dietz suggested taking out the reference to the number of days of stay in the
proposed ordinance amendment.
It was Council consensus that since a conditional use permit would be required for this
type of business, each potential site could be reviewed on a case-by-case basis, and based
on the size of the property.
Motion by Councilmember Burandt and seconded by Councilmember Wagner to
approve Ordinance 16-23, an Ordinance Amending Section 30-1022, C-1 Central
Business District, with the following change:
(1) No long-term boarding exceeding 30 days takes place
Motion carried 4-1. Councilmember Olsen opposed.
7.3 Renaming Woodland Trails Park to Woodland Trails Regional Park
Mr. Hecker presented the staff report.
Motion by Councilmember Wagner and seconded by Councilmember Burandt to
rename Woodland Trails Park to Woodland Trails Regional Park. Motion carried
5-0.
8.1. John Madsen — 503 Jackson Avenue NW
■ Conditional Use Permit for Dakotah Doggy Daycare
Ms. Simon presented the staff report.
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Motion by Councilmember Olsen and seconded by Councilmember Westgaard to
approve the request by John Madsen for a Conditional Use Permit to operate a
commercial kennel at 503 Jackson Avenue NW,with the following conditions:
1. The authorized Conditional Use Permit shall be recorded, and the use shall not
begin prior to recording.
2. Prior to recording, the city's Building Official and Fire Marshal shall inspect the
building for compliance with all state and local building codes.
3. 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.
4. All refuse collection containers shall be stored within an enclosure facility large
enough to accommodate the collection of all materials. Refuse containers and
materials must be out of sight from neighboring properties and street.
5. Update site plan to show designated pick-up/drop-off and employee parking
areas.
6. Landscaping shall be installed as shown in the submitted site plan by July 1,
2017.
7. Indoor and outdoor facilities are to be kept in a clean, dry, and sanitary
condition.
8. Indoor facilities shall be adequately ventilated and have ample light, cooling
and heating.
9. Adequate storage and refrigeration shall be provided to protect food supplies
against contamination and deterioration.
10. Waste shall be picked up immediately and disposed of in a sealed container.
11. Animals are allowed outside only under direct supervision.
12. No more than four (4) animals per supervisor shall be allowed outside the
fenced area and will be leashed at all times.
13. Outdoor play shall not be used before 7:00 a.m. or after 9:00 p.m.
14. Access to the outdoor play area will be through a door installed in the rear of the
building.
15. The outdoor play area will be screened by a six foot opaque fence. Vinyl, or
other, slats in chain link fencing shall not be used.
16. Noise shall be mitigated so as to not create a public nuisance for adjoining
properties. If a dog continuously barks, it will be brought inside.
17. A commercial kennel license from the City of Elk River must be obtained.
Motion carried 5-0.
8.2 Negative Declaration on Need for EIS for Tiller Corporation and Max
Steininger, Inc. Sand and Gravel Mines Environmental Assessment
Worksheet
Ms. Mroz presented the staff report.
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Motion by Councilmember Westgaard and seconded by Councilmember Olsen to
adopt Resolution No. 16-72, a Resolution Declaring no need for an Environmental
Impact Statement for Tiller Corporation and Max Steiniger Inc. Sand and Gravel
Mines Environmental Assessment. Motion carried 5-0.
8.3 Hillside City Park Plan
Mr. Hecker presented the staff report.
Council discussed the project list and associated costs.
Councilmember Westgaard asked how the projects will be funded if the referendum does
not pass.
Mr. Hecker stated the costs would be worked into the annual budget until completed.
Councilmember Westgaard expressed safety concerns with adding runners/walkers to the
biking trails.
Councilmember Wagner stated having more people use the park will contribute to its
success.
Motion by Commissioner Westgaard and seconded by Commissioner Olsen to
approve the Hillside City Park Plan as presented. Motion carried 5-0.
8.4 Discuss Work Session Items
The following items were added for future work sessions:
■ Blight Update
■ TH 169 Signalization Enhancements/Strategy
■ Joint Meeting with School Board (2017 after new members are on)
■ Truck traffic on 175 'Avenue
■ Downtown parking
■ Pinewood
■ Overall community facilities
■ Downtown Resources (community engagement,park improvements)
9.1 Council Liaison Updates
Council provided updates on the various boards/commissions.
Council recessed at 8:20 p.m. in order to move into a work session. The meeting
reconvened at 8:25 p.m.
10.1 2017-2021 Capital Improvements Plan
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Ms. Ziemer facilitated the discussion of the 2017-2021 Capital Improvements Plan, as
presented in the staff report. Staff participated in the discussions and answered questions
about their specific departments.
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Council recessed at 9:25 p.m. to go into a closed meeting. Pursuant to MN Statute
§13D.05, subd. 3(a), Council went into a closed meeting in order to complete a
performance evaluation for City Administrator Cal Portner at 9:30 p.m.
12. CLOSED MEETING — MN Statute §13D.05, subd. 3(a)
Per state law, Council conducted a performance evaluation of City Administrator Cal
Portner.
13. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 11:15 p.m.
Minutes prepared by Debbie Huebner
John J. Dietz,Mayor
Tina Allard, City Clerk
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City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Thursday, November 17, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, (5:45 p.m.), and
Wagner
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, City Attorney Roger Knutson,
Human Resources Representative Lauren Wipper, Parks and
Recreation Director Michael Hecker,Parks Maintenance Supervisor
Tim Sevcik, and City Clerk T* Allard.:,
Call Meeting to Order *I
Pursuant to due call and notice theA' the eeting\closed
Council
was called to order at 5:31 p.m. by Mayor Dietz.
Mayor Dietz stated on the record that the meeting wto MN
Statute Section 13D.05, subd. 3(a) and that the subject to be discussed is the work
performance of Amy Borst, Parks M enance Worker.
2. Closed Meeting- MN Statute Section 13D.05, subd. 3(a)
Council closed the meeting and completed an evalu of Amy Borst, Parks
Maintenance Worker,work performance.
3. Adjourn ent
There being nofurther business,M%ay adjourned the meeting of the Elk
wer City Council at 6:01 p.m.
John J. Dietz,Mayo
Tina Allard, City Clerk
VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, November 21, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Chief of Police Ron Nierenhausen, Parks and Recreation Director
Michael Hecker, Recreation Manager Steve Benoit,Parks
Superintendent Tim Sevcik, Economic Development Specialist
Colleen Eddy,Director of Economic Development Amanda
Othoudt,Building Official Bob Ruprecht, Park Planner Chris
Leeseberg, City Attorney Peter Beck, and Executive
Secretary/Deputy City Clerk Jessica Miller
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 6:03 p.m. by Mayor Dietz.
2. Pledge o11 f A" I'I: Cie
The Pledged Allegiance was recite
3. Consider 11/21/2016 Agenda
vIsen
oved by Councilmember Westgaard and seconded by Councilmember
to approve the November 21, 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 Minutes
■ October 17, 2016, Regular
■ November 14, 2016, Canvassing Board
4.2 Check register, check numbers 99161-99368 as outlined in the staff
report.
4.3 Pay estimates as outlined in the staff report.
4.4 Resolution 16-74 adopting and levying special assessments for unpaid
water utility services as of September 30, 2016.
4.5 Resolution 16-75 adopting and levying special assessments for unpaid
garbage collection as of September 30, 2016. and Resolution 16-76
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adopting and levying assessment for unpaid sewer service as of
September 30, 2016.
4.6 Resolution 16-77 adopting and levying assessment for unpaid electric
services as of September 30, 2016.
4.7 Resolution 16-78 adopting and levying special assessments for unpaid
storm water utility fees as of September 30, 2016.
4.8 Resolution 16-79 adopting and levying assessment for abatement of
city code violations.
4.9 Resolution 16-80 adopting and levying special assessments for costs
incurred to connect to city water and sanitary sewer lines.
4.10 Trail easement in favor of the city on Lot 1, Block 7, Lafayette Woods
(19496 Vernon Street NW).
4.11 Resolution 16-81 authorizing an agreement to purchase the release of
state highway easements located at the intersection of U.S. Highway
10 and Joplin Street NW.
4.12 Planned Unit Development for Elk River Machine as outlined in the
staff report.
4.13 Separation agreement with Park Maintenance Worker Amy Borst as
outlined in the staff report.
Motion carried 5-0
Mayor Dietz noted the downtown tree lighting ceremony has been rescheduled to Saturday,
December 3, 2016, at 5:00 p.m. due to Elk River High School playing in the state football
tournament this Saturday.
S. Open Forum
Deb and Roger Whiteoak, 20927 Elk Lake Road NW- indicated when their final
plat request was approved by the City Council in October they were unaware it
contained recommendations from the Parks and Recreation Commission for Park
Dedication Fees and an easement. The Whiteoaks stated they are confused on why
the easement is being requested because the Parks Master Plan does not include a
trail on their side of the road. They outlined their position as described in their
handout this evening.
Mr. Carlton explained 20-feet is the standard trail easement width but this property
has slopes which creates an unknown on how much easement will be necessary to
complete the trail. He stated this request has already been approved by the Parks and
Recreation Commission and City Council and suggested the Whiteoaks submit a new
application and go back through the process if they are unhappy with the conditions.
Mr. and Mrs. Whiteoak indicated they would be willing to submit a new application
if necessary. Council consensus was to waive the application fee.
Mayor Dietz informed the Whiteoaks it would be helpful for them to attend the
Parks and Recreation Commission meeting when this is discussed. Ms. Whiteoak
admitted they were native to the process but have learned a lot.
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6.1 City of Elk River Volunteer of the Month - Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to Katie Shatusky,Volunteer
of the Month for November. He noted the following volunteering accomplishments:
• Elk River Boys and Girls Club remodel project (Beneficial Finance Company
event)
• St. Paul Boys and Girls Club remodel project (HSBC Company event)
• Junior Achievement classroom volunteer
• Big Brothers Big Sisters "Big Sister"
• ISD #728 Curriculum Educational Program Advisory Board
• Thumbs Up High 5K (non-profit)
6.2 Manufacturing Video
The Councilviewed a portion of the Student to Career Manufacturing video.
7.1. Setback Variance: Michael & Rosie Reger— 19538 Albany Street NW
Mr. Leesberg presented the staff report.
Mayor Dietz opened the public hearing.
Rosie and Mike Reger, 19538 Albany Street NW—stated they are requesting a side
yard setback variance for a deck.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Westgaard explained these types of requests are tough because the
homeowner isn't always aware of setback requirements. He noted in this case there is
an alternative presented and although it may not be ideal, he is leaning towards
denying this request so as to not impact neighbors or set a precedent for this type of
request.
Mayor Dietz concurred adding it is important to maintain setbacks due to the
potential impact of neighboring houses.
Councilmember Westgaard also concurred the variance request could have a huge
impact on the neighboring property.
Attorney Beck stated Council should direct staff to prepare a Resolution of Denial
and bring it back for formal adoption.
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Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to direct staff to prepare a Resolution of Denial of the request by
Michael and Rosie Reger for a side yard setback variance at 19538 Albany
Street NW. Motion carried 5-0.
7.2 Ordinance Amendment: City of Elk River to Allow Decks in Wetland
Buffer Setback
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to adopt Ordinance 16-24 amending Section 30-1852, Performance Standards
of the Elk River City Code. Motion carried 5-0.
7.3 Sprint/Veteran Signworks - 19179 Freeport Street NW
■ Conditional Use Permit: Amend Elk Park Center Planned Unit
Development Agreement Relating to Signage
Mr. Carlton 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.
Councilmember Wagner questioned how this would affect businesses along Highway
10.
Mr. Carlton explained this request only affects the Elk Park Center Planned Unit
Development Agreement.
Attorney Beck added this request is consistent with all properties zoned C3.
Moved by Councilmember Burandt and seconded by Councilmember
Westgaard to approve the Conditional Use Permit to amend the Elk Park
Center Planned Unit Development language to be consistent with the wall
sign regulations of the C-3 zoning district. Motion carried 5-0.
7.4 Pauline Clark- 611 Xenia Avenue NW
■ Zone Change: R-I c (Single Family Residential) to R-2b (Two-
Family Residential)
Mr. Carlton 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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Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to adopt Ordinance 16-25 rezoning certain property from R-1c to
R-2b. Motion carried 5-0.
7.5 Spectrum High School - 11044 Industrial Circle NW
■ Conditional Use Permit: Expansion of Institutional Use
Mr. Carlton stated the applicant submitted significant changes to the request after
the site plan review meeting and after the public hearing was noticed. He indicated
staff and the applicant agreed to delay this request for a month to ensure proper
review.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to December 19, 2016
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to continue the public hearing for the Conditional Use Permit request by
Spectrum High School until December 19, 2016. Motion carried 5-0.
7.6 City of Elk River
■ Ordinance Amendment: Define Outdoor Storage
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to adopt ordinance 16-26 amending Chapter 30 defining outdoor storage.
Motion carried 5-0.
8.1. Westwood Subdivision Eagle Scout Project
Mr. Hecker recognized Parks and Recreation Commissioner/volunteer coordinator
Dave Anderson for overseeing the Eagle Scout projects. Mr. Hecker introduced
Eagle Scout Tyler Hamilton. Mr. Hecker presented the staff report. He explained
there are many encroachments including sheds, docks, dilapidated boats,
snowmobiles, and other junk located on the property.
Mayor Dietz questioned how sheds, docks, etc. in the public right-of-way will be
handled. Mr. Hecker explained staff will send letters including a timeline for the
items to be removed. He added staff will work with Mr. Anderson and Mr.
Hamilton to figure out an appropriate timeframe. He stated staff will attempt to
locate the owners of the boats and snowmobiles.
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Mayor Dietz questioned if the city has liability if the owner of a shed in the right-of-
way doesn't respond.
Attorney Beck indicated the city can enter into an agreement with Mr. Hamilton to
remove the junk. He added the city may wish to enter into agreements with property
owners who have docks and sheds in the city right-of-way if they are kept there. He
stated this is a great project but cautioned it will raise the issue of private property in
the public right-of-way.
Mayor Dietz questioned if property lines will be determined prior to property owner
notification of clean up. Mr. Anderson stated yes, a survey will be conducted before
proceeding with the project.
Mayor Dietz stated he would prefer staff meet personally with owners of sheds and
docks in the right-of-way.
Councilmember Westgaard stated he does not want Mr. Hamilton out dealing with
upset homeowners.
Council concurred.
Lavina Hoselton, 12964 Meadowvale Road NW—stated she hates all the junk on
this property and believes this could be a great neighborhood gathering place. She
indicated there are natural springs along the right-of-way so a trail may be difficult.
She added the potential trail could be very close to her house and she worries about
snowmobiles, noise,and parties if it's opened up to the public. She suggested having
a meeting to inform the neighborhood of the project.
Councilmember Wagner stated the area will look great once the project is complete
and questioned the long term maintenance plan.
Mr. Hecker explained the hope is to get volunteer park stewards,but if not,it will be
maintained by staff.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Eagle Scout project proposed by Tyler Hamilton as
outlined. Motion carried 5-0.
8.2 Development Agreement for Miske Meadows
Mr. Carlton presented the staff report.
Mayor Dietz questioned past practice with other developers.
Mr. Carlton stated this request would be a deviation from past practice.
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Councilmember Westgaard questioned why it's critical to have small utilities installed
prior to issuance of a building permit.
Mr. Ruprecht stated this requirement is outlined as part of the city's standard
development agreement. He explained how homes not finished by move in time
creates issues for the city and the person who purchased the house. He further
explained people are not always aware of the requirements so they may not be aware
they won't be able to move in until gas, electric, etc are installed. He added this
procedure was established based on past experience.
Mayor Dietz concurred with staffs recommendation. He stated the standard
development agreement has been good enough in the past and questioned why it is
not good enough for this developer. He questioned if this has been an issue with
other developers.
Mr. Beck indicated he is not aware of any other request to amend this language.
Councilmember Westgaard questioned if it has always been this way.
Mr. Beck explained the city had bad experiences in the past with the big growth
spurt and this condition came from staff addressing those issues.
Alan Roessler, Paxmar development team,3495 Norfhdale Boulevard, Coon Rapids
—stated they are looking for the requirement for the installation of small public
utilities to relate to the issuance of the Certificate of Occupancy rather than building
permits. He explained developers don't have control over the timing for the
installation of small utilities and he feels like waiting could hinder their development.
He stated the scenario Mr. Ruprecht is concerned about is the very worst case
scenario.
Councilmember Wagner stated if the city's only concern is the perception to the
buyers if they cannot be issued a Certificate of Occupancy maybe the city could
require the developer to notify homeowners they cannot move in until small public
utilities are installed.
Mr. Roessler indicated they already disclose fist information to the builders but have
little control over what information the builders pass on to the homeowners.
Mayor Dietz suggested rather than change city policy,have the developer submit
exception requests to staff for Council consideration.
Mr. Ruprecht stated this could work from his end.
Mr. Roessler stated if Council would agree to increase the model home permit limit
from five to 8 or 10, they are willing to withdraw their request for building permits to
be issued earlier.
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Mr. Carlton indicated the developer was approved for three model home permits
with the first development agreement and five with this development agreement. He
explained model homes are normally used as a tool to sell homes but he feels like
approving more model home permits will move away from the intention of model
homes and instead be used as a tool to allow earlier building.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to amend the proposed Development Agreement to allow eight model
home permits. Motion carried 5-0.
8.3 Summary of City Administrator Cal Portner's Performance
Evaluation
Mayor Dietz read a statement summarizing Mr. Portner's performance evaluation.
8.4 Summary of Parks Maintenance Worker Amy Borst's Performance
Evaluation
Mayor Dietz read a statement summarizing Ms. Borst's performance evaluation.
Recessed 7:41p.m. to go into work session. Reconvened at 7:49 p.m.
9.1 Downtown Parking, Regulations, Permitting and Decorative Lighting
Mr. Portner presented the staff report.
Downtown Parking Regulations and Permitting
Mayor Dietz stated he agrees with removing the parking signs,getting rid of fees,
and not enforcing. He added it bothers him that employees and some business
owners park in the spots that should be for customers but the city has no control
over this. He added the city made a good faith effort to enforce parking but
employees got wise and figured out ways to avoid the requirements.
Fred McCoy,McCoy's Pub— stated the idea isn't to get rid of parkingpermits but
to stop charging for the permits.
Councilmember Olsen noted there are costs associated with staff issuance of
permits. He agreed there should be a designated employee parking area.
Mayor Dietz indicated the cost to issue permits is minimal. He questioned if the
permits can be changed to not expire.
Chief Nierenhausen stated this would still need to be monitored. Chief explained he
is trying to understand why permits would be required when there is no fee and the
area is not monitored. He noted all downtown businesses would need to be in
agreement to make this work and he is not hearing that agreement.
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Councilmember Wagner indicated she is on the Downtown River's Edge group as a
business owner and she has put a lot of thought into this issue. She suggested having
the Downtown River's Edge group come up with a permitting process instead of the
city taking care of the permitting and enforcement. She feels in order for this to work
it would have to be a partnership between the Chamber of Commerce,the EDA,
and the Downtown River's Edge group to show the effects on business if no parking
is available. She believes if many of the businesses were aware of the economic
impact of leaving the front parking spaces for customers they may be deterred from
parking there or allowing their employees to park there.
Mr. McCoy concurred with Councilmember Wagner.
Mr. McCoy requested the city leave the employee parking signs up and the
Downtown River's Edge group will inform all businesses of the change in the
parking rules.
Tim Dolan, downtown business owner—agrees with Councilmember Wagner's idea
of the Downtown River's Edge group taking over permitting and enforcement. He
added parking is a bigger issue when the city holds large events downtown, such as
the Farmer's Market and the concerts.
The Council concurred with the Downtown River's Edge group taking over the
permitting and enforcement and for staff removing the 2-3 hour parking signs.
Downtown Decorative Lights
Councilmember Wagner indicated there is no clear understanding on who maintains
the decorative lights.
Ms. Othoudt indicated the Downtown River's Edge group paid $400 towards the
lights and agreed to maintain them for a year,which has expired. Councilmember
Wagner stated she gets feedback from people saying they like the lights. She called
Rainbow Holiday Design and received a new quote. She explained the quote was
approximately$3,000 for 123 light strands (100 for the trees and 23 for the light
poles) with maintenance billed at$75/hour as needed.
Councilmember Olsen questioned if lights could be eliminated from the trees.
Councilmember Wagner indicated she would rather see the light poles wrapped than
the trees.
Mr. Dolan concurred adding lights on the trees seem to cause issues.
Consensus of the Council was to eliminate the lights on the trees.
Mr. McCoy stated he seems to recall money set aside for downtown beautification.
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Ms. Othoudt indicated there is money budgeted to implement a downtown
beautification plan.
Mr. Portner added the money is for a one-time purchase and he would prefer for
ongoing costs such as lights to come from the General Fund if the Council decides
to fund.
Mayor Dietz questioned if the Council funds a set amount for the lights and
maintenance if the Downtown River's Edge group would be willing to cover the
remaining amount.
Councilmember Wagner stated she believes the group would be willing to make a
financial contribution.
Council consensus was for Mr. Portner to bring back a recommendation to Council
to include an amount for lights in the annual budget and work with the Downtown
River's Edge group to maintain the lights.
Staff time
Mr. Portner stated a large amount of staff time is spent attending and contributing to
the Downtown River's Edge group meetings. He explained the city does not provide
that level of staff participation for any other group or organization and questioned
what level of support the Council is comfortable providing. He suggested one staff
member be designated to receive and direct inquiries from the Downtown River's
Edge group.
Mayor Dietz indicated Ms. Othoudt seems like the natural person to attend the
meetings and she can disseminate the information accordingly. He noted he doesn't
feel that more than one staff person needs to attend the meetings.
Councilmember Wagner explained Ms. Othoudt is definitely an asset to the group
but Mr. Benoit is an asset as well since the Downtown River's Edge group has many
partnerships with the parks and recreation Department. She suggested having Mr.
Benoit and Ms. Othoudt alternate attending meetings.
Mr. Portner stated those two employees will alternate attending based on the agenda
and disseminate information as necessary.
9.2 2017 Budget
Ms. Ziemer presented the staff report providing updates on the General Fund
budget and proposed tax levy.
9.3 Pinewood Proposals Discussion
Mr. Portner presented the staff report. He stated two proposals were received and
reviewed both proposals as outlined in the staff report.
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Councilmember Westgaard stated he is leaning towards the Elk River Golf Club
proposal because he is familiar with their staff and track record and the proposal
allows the city more control. He added he has some concerns regarding the proposal,
which could be worked out prior to approval. He noted nothing in the proposal says
it has to be a long term contract and both parties have the option to evaluate after
two years. He expressed interest in making a decision soon so Pinewood can be
operational by spring.
Mayor Dietz questioned how equipment maintenance would be handled.
Chris Singer, Elk River Golf Club manager, stated there would be a maintenance
schedule and repairs would depend on the agreement and the course superintendent.
He added the golf course superintendent would take very good care of the city's
equipment. The potential of sharing equipment was discussed.
Councilmember Burandt stated she is also leaning towards the Golf Club proposal
because she isn't in favor of selling the property and has too many questions about
the second proposal.
Councilmember Wagner indicated she believes the power of the Elk River Golf
Club's brand could help get Pinewood operational successful in the future.
Elk River Golf Club representatives explained how Pinewood reopening is a positive
for the Elk River Golf Club because it acts as a gateway to the Elk River Golf
Course as golfers gain experience.
Mayor Dietz indicated he is much more comfortable with the Elk River Golf Club
proposal now that some issues have been explained. He understands the city will
have to provide some funding but his goal is to minimize city's losses. He concurred
the reputation of the Elk River Golf Club could go a long way in helping Pinewood
be profitable. He stated he would like to see an agreement in place for potential
issues with the equipment,adding he is in no way questioning the integrity of the
Golf Club staff.
Mayor Dietz indicated there is a golf course in Grantsburg,Wisconsin run by
volunteers and questioned if Mr. Singer would be agreeable to using volunteers.
Mr. Singer stated he is not opposed to the idea but would want to discuss further.
Mayor Dietz indicated volunteers could be run through the city's volunteer
coordinator.
Mayor Dietz questioned who would set the green fees.
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Mr. Singer indicated this could be discussed. He added he believes it would be
beneficial to meet to discuss various issues. Mr. Singer noted liability insurance is
included in the proposal but this will also need to be discussed.
Council consensus was for the city administrator to meet with the Elk River Golf
Club and work out details and get all questions answered moving towards entering
into an agreement.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:28 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, December 5, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt,Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer,
Assistant Finance Director Jesse Dorn,Parks & Recreation Director
Michael Hecker, Parks Maintenance Worker Todd Neal, Captain Bob
Kluntz, Community Service Officer Nicholas Davis, Engineer Justin
Femrite,Elk River Municipal Utilities General Manager Troy Adams,
City Attorney Peter Beck, and Recording Secretary/Sr.
Administrative Assistant Jennifer Johnson r'
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 6:32 p.m.b Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 12/05/2016 Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen
°%,to approve the December 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 9875-9877 and 99369-99502 as outlined
in the staff report.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
City Council Minutes Page 2
December 5,2016
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6.1 Introduction of New Employees
Ms. Ziemer introduced Jesse Dorn and provided a brief background of his work
experience. Mr. Dorn indicated he was looking forward to his work on the city's
budget.
Captain Bob Kluntz introduced Community Service Officer Nicholas Davis and
provided a brief background of his work experience. Mr. Davis will be attending
school in January of 2017 to become a licensed peace officer.
Mr. Hecker introduced Parks Maintenance Worker Todd Neal and provided a brief
background of his work experience. Mr. Neal stated he was impressed with the
diversity of park amenities the city offers its residents.
7.1. 2017 Budget and Tax Levy
Ms. Ziemer presented the staff report. She provided a PowerPoint presentation
explaining the purpose of this evening's public hearing was to discuss the 2017 city
budget and tax levy information. She stated if individuals have questions/concerns
regarding their property values, they should attend the Board of Appeal meeting in
the spring or contact the Sherburne County Assessor's Office.
Ms. Ziemer briefly outlined the process of this evening's budget presentation and
comment period, explaining the city's vision and the goals supporting that vision.
She stated Council approved the maximum tax levy of$10,657,808 in September,
which is the maximum tax levy the city can adopt. The Council directed staff to
make reductions to the budget and is recommending a final tax levy of$10,563,770,
which is an increase of 3.85% and down from the preliminary levy increase of 4.78%.
Ms. Ziemer reviewed the tax levy by use and compared the levy with previous years.
She also reviewed property tax changes and explained that a number of factors play a
role in determining the property tax amount.
Ms. Ziemer reviewed General Fund revenues and expenditures, Special Revenue
Funds, and Enterprise Funds. She concluded that the Council may adopt the 2017
tax levy and budgets following public input and comment.
Mayor Dietz opened the public hearing.
Teresa Konvicka 565 Jefferson Lane located in Presidential Estates, stated she was
astounded by her 2017 tax statement and her estimated market value increasing so
much. She stated she contacted the Sherburne County Assessor's Office to ask them
to review the proposed property value. She also expressed concerns regarding the
proposed expenditures for 2017.
Ms. Ziemer explained to Ms. Konvicka that she was correct in working with the
Assessor's office and directed her concerns regarding property values to them as the
city only controls the tax levy amount.
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December 5,2016
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Mayor Dietz explained the increase in taxes from 2016 to 2017 can be attributed to
providing a cost of living pay adjustment for employees.
There being no one else present to speak,Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Resolution 16-82 authorizing the proposed property tax levy
for collection in 2017 as outlined in the staff report.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the 2017 General, Special Revenue, and Enterprise Fund Budgets
as outlined in the staff report.
Motion carried 5-0.
8.1. Preliminary Feasibility Report for 2017 Street Improvements
Mr. Femrite presented the staff report. He outlined the 2017 street improvements
maintenance techniques prescribed based on current pavement conditions and the
proposed project areas and suggested rehabilitation techniques provided by
Hakanson Anderson.
Mayor Dietz asked about a property off of 209"'Avenue with storm sewer issues in
which staff was working with the property owner and wondered if it would be part
of these street improvements.
Mr. Femrite indicated the area he was referring to was not in this project area.
Mayor Dietz asked if Mr. Femrite would be able to assist the library project with
replacing parking lot concrete curb.
Mr. Femrite stated we will ask the contractor for a price and,if competitive,we
could have the work done as part of the contract.
Councilmember Olsen asked if the sidewalks on Joplin Avenue,in which the
sections are chipped and uneven,were part of the scope of this project.
Mr. Femrite indicated, after he drove the entire area and noted minor chipped or
separations on sidewalks, a crack doesn't affect the functionality of the sidewalk, they
wouldn't be part of improvements but if there was separation of concrete slabs,
especially in the area of pedestrian ramps,those would be included in this project.
Councilmember Westgaard asked if the pavement management fund amount of$4.4
million fits in his projection and forecasts to allow this and future projects to be
completed.
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Mr. Femrite indicated it did.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to accept the Feasibility Report for the 2017 Street Improvement
Project as outlined in the staff report and allow for final plan preparation for
bids.
Motion carried 5-0.
8.2. Utilities Commission Membership Expansion
Mr. Adams presented the staff report.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to adopt Resolution 16-83 approving the laws of Minnesota 2016, Chapter 97-
House File Number 2718 as outlined in the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 16-27 amending Chapter 2, Article V Regarding
Membership of the Public Utilities Commission of the City of Elk River,
Minnesota, City Code as outlined in the staff report.
Motion carried 5-0.
8.3. EDA and Library Board Appointments
Mayor Dietz presented the staff report and his recommendations as outlined. He
indicated he will make the HRA appointment when the new councilmember begins
in January 2017.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the mayoral recommendation to appoint Charles Blesener to the
Economic Development Authority with term expiring December 31, 2022; and
appoint Mary Keifenheim and Margaret Stoffers to the Library Board with
terms expiring December 31, 2019.
Motion carried 5-0.
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8.4. Discuss Work Session Items
Mr. Portner presented the staff report.
Mayor Dietz asked about the status of the yellow arrow installation cost to be
provided by MnDOT after he and Councilmember Wagner attended a MnDOT
signalization enhancement study meeting last summer.
Mr. Portner stated they had not yet received estimated costs from MnDOT. He
stated he would have staff follow up with MnDOT.
Councilmember Wagner also asked about the secondary timing study MnDOT was
to complete when school began in the fall and indicated there's been some signal
interruptions on Main Street and Highway 169. She stated she's also heard from
residents regarding signal timings being off and requested an update from MnDOT.
Mayor Dietz asked about scheduling the joint meeting with the school board.
Mr. Portner stated it might be better to have the new superintendent and new board
members in place before attempting to schedule a joint meeting to allow the school
board an opportunity to prepare their strategic and work plans.
9.1 Council Liaison Updates
The mayor and council members provided their council liaison updates.
Mayor Dietz suggested the following assignments of council members to the various
boards and commissions:
■ Nate Ovall appointed to the Library Board and Housing and Redevelopment
Authority.
■ Jennifer Wagner as the liaison to the Planning Commission and the Heritage
Preservation Commission.
■ Matt Westgaard appointed to the Elk River Municipal Utilities Commission
and continuing to serve on the Ice Arena Commission.
■ Jerry Olsen as liaison to the Parks and Recreation Commission,Energy City
Commission, and the Economic Development Authority Finance
Committee.
■ Mayor Dietz to continue on the Elk River Municipal Utilities Commission
and by statute is part of the Fire Relief Association. He stated he will also
continue to attend the 7W road meetings in St. Cloud.
Mayor Dietz recessed to work session at 7:32 p.m. and reconvened the meeting at 7:49 p.m.
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10.1. 175th Avenue
Mr. Femrite and Captain Kluntz presented the staff report. They reviewed the results
of the traffic survey provided by the police department,which allowed a better
understanding and nature of the traffic on this corridor. They also discussed various
options,which could provide an immediate relief to the neighborhood.
It was the consensus of Council to have staff create and install business / industrial
district directional signs with language to be determined by staff to assist delivery
drivers with locating their business and notify drivers they are in a residential area.
10.2. Religious Institutional Structures
Mr. Carlton presented the staff report and provided a PowerPoint presentation
outlining the regulation of symbols as signage; other city's zoning ordinances
regarding wall and freestanding signs for religious institutions, and accessory
structure regulations specific to religious institutions.
After significant discussion,it was the consensus of the Council that City Code, Sec.
30-852 be amended to improve clarity, but that no additional amendments regarding
signage and accessory structures for religious uses or public art be brought forward
at this time.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:49 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,Mayor
Tina Allard, City Clerk
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