4.1. DRAFT MINUTES 02-06-2017
Meeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, January 17, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Park
Planner Chris Leeseberg, Planner BrieAnna Simon, Parks and
Recreation Director Michael Hecker, Parks Superintendent Tim
Sevcik, 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 6:10 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 01/17/2017 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the January 17, 2017, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Mayor Dietz questioned if the city obtains pricing from local dealers for the police
vehicles. Mr. Portner advised the city purchases straight from the state contract due
to the specialized nature of the vehicles. He noted local dealers have the option to
bid on the state contract.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 January 3, 2017, minutes.
4.2 Check register, check numbers 99856-99976 as outlined in the staff
report.
4.3 Pay estimates as outlined in staff report.
4.4 Resolution 17-04 acknowledging contributions to the Parks and
Recreation Department from Zimmerman Fire Relief Association.
4.5 Temporary on-sale liquor license: Elk River Lions Club for Shiver Elk
River.
4.6 Resolution 17-05 acknowledging contributions to the Police
Department from various groups and organizations.
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4.7 Purchase of four Ford Interceptor Utility vehicles from the state
contract in the amount of $108,756 as outlined in the staff report.
4.8 Resolution 17-06 approving the final plat of Prestigious Woodland
Hills Fourth Addition, with the following conditions:
1. A developers agreement be prepared and executed outlining the
terms and conditions of the plat approval prior to releasing the
plat for recording.
2. Surface water management fee be paid in the amount required by
the city at the time of final plat prior to releasing the plat for
recording. (currently $233/residential lot)
3. Water availability charge shall be paid in the amount required by
the city at the time the Final Plat is released for recording.
(currently $345/ plumbing unit)
4. Staff approval of all site, landscaping, engineering, and storm
water plans.
5. Street lights shall be installed as required by Elk River Utilities.
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. All mailboxes shall be clustered.
10. 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.
4.9 Accept the low bid from Steinbrecher Companies, Inc. in the amount
of $146,959 to dredge the Phase 1 portion of the Lions Park Pond as
outlined in the staff report.
4.10 Purchase of a vacuum excavation trailer as outlined in the staff report.
4.11 Assent to title registration submitted by Sherburne County as outlined
in the staff report.
4.12 Change order for Rivers Edge Commons Park as outlined in the staff
report.
4.13 Purchase and up-fitting of a Fire Department grass truck as outlined
in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month – Mayor Dietz
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Mayor Dietz introduced, read, and presented a plaque to Tom Kulkay, Volunteer of
the Month for January. He noted the following volunteering accomplishments:
Commander Legion Post 112
Legion Post Honor Guard
Works regularly at Legion Friday night dinners
Serves on Benton/Sherburne Legion County Council
Youth Baseball coach for 12 years
Long time president of Area 728 Youth Baseball group
Very involved in development of Youth Athletic Complex
7.1 ERX Properties – 21591 U.S. Highway 169 NW
A. Preliminary Plat: Aggregate Commercial Fifth Addition
B. Conditional Use Permit: Off-Road Racing Facilities
Mr. Leeseberg presented the staff reports.
Mayor Dietz opened the public hearing for both items. There being no one to speak
to these issues, Mayor Dietz closed the public hearings.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the preliminary plat for Aggregate Commercial Fifth
Addition. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt resolution 17-07 approving the final plat for Aggregate
Commercial Fifth Addition with the following conditions:
1. The environmental review process (EAW) shall be completed.
2. Storm water management requirements are needed as listed in ordinance.
3. Sec. 78-503. - Stormwater and urban runoff control, and Sec. 78-504. – Post
construction stormwater management. NPDES permit is needed for
construction activity disturbing one acre or more of soil and all SWPPP
details are required (previous NPDES permit can be amended)
4. A MIDS water quality report and soil borings showing the ground water
depth and infiltration rate is needed. Three feet of separation between the
bottom of any proposed infiltration basin and groundwater is required.
5. Maintenance schedule for permanent stormwater BMPs is required.
Motion carried 5-0.
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Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the conditional use permit request by ERX Properties
with the following conditions:
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1. The Conditional Use Permit shall not be recorded until all conditions have
been completed.
2. The Environmental Assessment Worksheet (EAW) shall be complied
with.
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. 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.
6. An amendment to this CUP will be required for future
expansions/additions not shown on the site plan dated January 17, 2017.
7. Staff approval of a spectator safety plan.
8. 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.
9. Except for team and sponsor vehicles/trailers, no overnight parking shall
be allowed.
10. No more than two special event recreational camping events per year shall
occur.
11. All sources of artificial lights shall be so fixed, directed, designed or sized
that the minimum subtotal of their illumination will not increase the level
of illumination on any nearby residential property by more than 0.1
footcandle in or within 25 feet of a dwelling or by more than 0.5 footcandle
on any part of the property.
12. All comments in the Engineering Division memo dated November 8, 2016,
shall be addressed.
13. All comments in the stormwater coordinators Memo dated November 9,
2016, shall be addressed.
14. All comments in the environmental technician memo dated November 7,
2016, shall be addressed.
15. The approved Conditional Use Permit (CU 16-15) will become void.
16. A changeable copy sign shall not exceed 150 square feet in size nor be
taller than 30 feet.
17. The TORC track shall comply with the wetland setback requirements.
Motion carried 5-0.
7.2 Variances: Front Yard & Rear Yard Setback, Renae Hauge
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
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th
Delores Kratzke, 1707- 5 Street – distributed a handout outlining her concerns
with granting the variance request. She expressed concern over the close proximity
of this house if the city grants the variance.
Mayor Dietz questioned if the lot is buildable if the variance is denied. Mr. Leeseberg
explained the applicant is requesting a rear yard setback on the west side because she
th
prefers an Upland address. He added if the applicant desired a 5 Street address the
rear yard would be the south side and the house could be built 10 feet from the west
property line without a variance.
Councilmember Ovall stated he agrees with the Board of Appeal decision. He
believes the Upland address with the proposed setbacks gives the applicant
maximum flexibility with minimal impact to the neighbor.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to deny the appeal made by Delores Kratzke. Motion carried 4-1.
Councilmember Olsen opposed.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to approve a 15-foot front yard setback variance and a 10-foot rear yard
setback variance for a principal structure in accordance with the following:
1. The general purpose and intent of front yard setbacks is to provide a
uniform/controlled look to the front of structures. The general purpose
and intent of rear and side yard setbacks is to keep structures reasonably
separated from one another. The purpose and intent of these setbacks is
in harmony with the ordinance.
2. The Comprehensive Plan guides this property as residential. The
proposed residential use is consistent with the Comprehensive Plan.
3. Building a residential home on a city-approved parcel with setbacks that
are more compliant then neighboring properties is using the property in a
reasonable manner.
4. The plight of the property is that it received variances for lot size and lot
width in 2005, prior to the applicant purchasing it. A front-yard setback
variance was anticipated when the property was platted.
5. The character of the locale is one of varying front yard setbacks and
approving these variances will not alter that character.
Motion carried 4-1. Councilmember Olsen opposed.
7.3 Conditional Use Permit to Allow Outdoor Storage, Bus and Trailer
Maintenance and Repair, and a Residential Use – Northern Tiny
Builders
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 continued the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to continue the public hearing to February 21, 2017. Motion carried
5-0.
7.4 Conditional Use Permit: Agricultural Animals, Chris Murray
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.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the conditional use permit request by Chris Murray to
increase the number of permitted agricultural animal units to 6.26, with the
following conditions:
1. If the proposed work described in the application and CUP has not been
substantially completed within two years of the CUP’s date of approval,
the permit shall expire and become void.
2. The CUP shall expire if the authorized use ceases for more than six
months.
3. The applicant must apply for and receive approval of all required permits
before any construction may begin.
4. No more than 6.26 animal units shall be allowed on the property.
5. All conditions approved by the Board of Adjustments on October 25, 2016,
for a wetland setback variance (Case No. V 16-14) shall be met.
6. All conditions and best practices outlined by the Wetland Conservation
Act – Technical Evaluation Panel decision, dated October 14, 2016, shall
be met.
7. For the CUP to remain active, a valid Manure Management Plan must be
approved by the Sherburne County Soil and Water Conservation District
(SCSWCD) and filed with the City of Elk River for all future homeowners.
8. Any changes to the Manure Management Plan must be approved by the
SCSWCD and filed with the City of Elk River.
9. If manure is used as fertilizer, it shall be turned under immediately, or as
soon as the frost leaves the ground. Application of manure should be
conducted in such a manner so as not to permit runoff toward surface
waters.
10. If the city finds that the manure and other waste materials create a
nuisance by attracting flies, other insects, rodents, or by creating offensive
odors, the city may order the manure and other waste materials be
removed on a more frequent schedule.
11. No on-site commercial activities such as breeding, boarding, or selling
shall be permitted.
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Motion carried 5-0.
7.5 Ordinance Amendment: Structures in Right-of-Way, City of Elk River
Ms. Simon presented her staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt ordinance 17-01 adding section 30-807, Structures in the Right-
of-Way to the city code. Motion carried 5-0.
7.6 Preliminary Plat Update to Miske Meadows and Final Plat Miske
Meadows Second Addition
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Dwayne Sikich, Sambatek Inc., representing PaxMar, stated he is available for
questions. He noted the developer has no issues with the conditions as presented.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the updated preliminary plat for Miske Meadows, with the
following conditions:
1. Updated engineering and utility plans must be submitted to the city and
approved by city staff.
2. An updated Planned Unit Development agreement for Miske Meadows
must be approved by the City Council.
3. Staff approval of a standard landscape plan for all detached townhome
units, consistent with the R-3 townhome/multiple family residential
design standards.
4. Parcels less than 65 feet in width shall be included in a single home
owner’s association.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt resolution 17-08 approving the final plat of Miske
Meadows Second Addition, with the following conditions:
1. Staff approval of updated plans and final plat reflective of changes to the
Preliminary Plat.
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2. A Developer’s Agreement be prepared and executed prior to releasing the
Final Plat for recording.
3. Park Dedication shall be paid with a combination of land and cash. The
land will be dedicated with a future addition, and the cash is due prior to
final plat recording.
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
$233/ 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 $345/
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 completion of all improvements and 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. All mailboxes shall be clustered.
10. All mailboxes and public utilities with parking restrictions (hydrants) shall
be located in a manor to reduce parking impacts. The facilities must be
identified on the development plan, and approved by staff.
11. 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.
8. Other Business
There was no other business.
The Council recessed the meeting at 7:15 p.m. in order to move in to work session. The
meeting reconvened at 7:20 p.m.
9.1 Heritage Preservation Commission Interview
Council interviewed John Jordan for an open position on the Heritage Preservation
Commission.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to appoint John Jordan to the Heritage Preservation Commission with a term
expiration of February 28, 2019. Motion carried 5-0.
9.2 Trails Master Planning
Mr. Portner presented the staff report. He noted the trail plan is not budgeted.
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Councilmember Westgaard stated he believes it is imperative to have a vision of
what the Council wants the trail system to look like and doesn’t see this as any
different than planning for zoning, land use, or transportation. He suggested
beginning with the Parks and Recreation Commission determining what purpose
trails serve and identifying the trail components.
Councilmember Wagner indicated her priority is connectivity to schools and
signature parks. She added there are trails in some developments and she feels it
may become the city’s responsibility to connect them. She suggested asking residents
where they would like to see trails.
Mayor Dietz expressed concern over the plan being too specific and asked for the
plan to include flexibility.
Parks and Recreation Commission Chair Dave Anderson stated the Commission was
concerned with not having a defined plan during a recent trail easement request. He
stated the Commission is interested and ready to attempt to work through the
process of creating a trail master plan. He added the Commission intends to educate
themselves on the process by talking to people who have been through the process.
Councilmember Ovall recommended guiding trails towards city parks and higher
activity locations.
Mr. Portner confirmed Council direction is for the Parks and Recreation
Commission to begin the planning process with emphasis on neighborhood
connections and larger loops to make connections, layout how to handle segmented
areas, and prepare a value statement on what is accomplished by trails identification.
9.3 Park Facility Improvement Discussion
Mr. Portner presented the staff report and distributed a handout with notes for
review. He indicated he is looking for direction on how to proceed with the buildings
and prefers funding to be discussed later.
Councilmember Olsen questioned if there is an estimate for repair of the Activity
Center. Mr. Portner stated there are estimates for repair and minor enhancements
(roof, windows, HVAC, and some interior remodeling of the bathrooms).
Mayor Dietz distributed a handout outlining some of his ideas. He proposed selling
Lions Park Center to the Lions Club for $1 since it is in need of repair and using the
Great River Energy Fund to make the necessary improvements to the Senior Center.
He also proposed tearing down the Barn portion of the Arena and building a new
sheet of ice and replacing the ice-making machine in the Olympic Arena.
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Mr. Portner explained Lions Park Center was donated and he’s not sure if the city
has the option to sell the building. Mayor Dietz expressed an interest in finding a
way to get the building back to the Lions Club.
Mr. Hecker noted the Parks and Recreation Department uses Lions Park Center
quite a bit for summer programming but will find a new location if necessary. He
stated another option is to change the hours of the Activity Center and utilize the
building for other recreation programming. Mayor Dietz liked that idea.
Councilmember Ovall believes the Activity Center should be sold. He explained
Lions Park is underutilized and recommended the city invest in it and make it a
destination park. He feels like Lions Park Center would provide more long-term
opportunities because demographics are moving away from the Activity Center.
Councilmember Westgaard concurred the city may be better funding enhancements
to Lions Park Center and selling the Activity Center if Lions Park Center cannot be
sold and put back on the tax roll.
Mr. Hecker explained Lions Park Center has a lot of moisture issues so the building
would need to be repaired if it’s going to be utilized more. Mr. Hecker added the pro
of utilizing Lions Park Center is the opportunities the park brings.
Mayor Dietz questioned if the senior services could be re-located to Lions Park
Center. Mr. Portner explained one of the proposals is to expand Lions Park Center
and mitigate some of the building issues potentially providing seniors services at
Lions Park Center.
Councilmember Wagner would like an idea of the school district plans before the
Council makes a decision. She also proposed exploring partnership opportunities
with the YMCA to see if there is an option to expand the YMCA for use.
Councilmember Olsen concurred with looking into the possibility of discussing a
partnership with the YMCA.
Mr. Portner noted he has had discussions with the school district about their future
but has not seen the plan.
Dave Williams, Youth Football Association Field Director - indicated the school
district plans to redo the football stadium in 2018, possibly with turf. He stated he
has also been told the district may be interested in swapping the girls softball field
adjacent to the Arena in exchange for Lions Park property.
Councilmember Wagner questioned if a YMCA expansion has the potential to
incorporate recreation programming if Lions Park Center goes away. Mayor Dietz
stated he doesn’t envision the YMCA putting any money into an expansion.
Councilmember Westgaard prefers to remove the Barn and go back to the 292
Group and ask them to update cost estimates and add some minor things based on
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Council discussion. He added he would be agreeable to enhancing Lions Park Center
and selling the current Activity Center.
Mr. Portner indicated based on feedback tonight he will look at repair and expansion
of Lions Park Center. Councilmember Ovall indicated it would depend on
functionality and cost and he would have to see the math. Mayor Dietz concurred.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:18 p.m.
Minutes prepared by Jessica Miller.
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John J. Dietz, Mayor
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Tina Allard, City Clerk