4.1 DRAFT MINUTES 09-05-2017
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, August 21, 2017
Members Present: Acting Mayor Olsen, Councilmembers Ovall and Wagner
Members Absent: Mayor Dietz and Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer, Parks
and Recreation Director Michael Hecker, Recreation Manager Steve
Benoit, Senior Planner Chris Leeseberg, 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 6:25 p.m. by Acting Mayor Olsen.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 08/21/2017 Agenda
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve the August 21, 2017, agenda. Motion carried 3-0.
4. Consider Consent Agenda
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
approve the following consent agenda:
4.1 Minutes
July 17, 2017, Regular
August 3, 2017, Closed
August 7, 2017, Regular
August 7, 2017, Closed
August 14, 2017, Special
4.2 Check register, check numbers 102732-102911 as outlined in the staff
report.
4.3 Pay estimates as outlined in the staff report.
4.4 Hire Brandon Martin as police officer effective August 22, 2017, as outlined
in the staff report.
4.5 Resolution 17-43 declaring certain property as dedicated right-of-way and
open to the public.
4.6 Amendment to Agreement 17-19 Quinn Avenue Purchase.
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August 21, 2017
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4.7 Contract with Great Northern Landscapes, Inc. for installation of a new
irrigation system at the Dave Anderson Athletic Complex as outlined in the
staff report.
4.8 Agreement 17-21 between the City of Elk River and the U.S. Fish and
Wildlife Service.
4.9 Transient Merchant License for Spirit Halloween to sell Halloween
costumes and décor from 19226 Freeport Street NW, August 28 through
November 2, 2017.
Motion carried 3-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month
Acting Mayor Olsen introduced, read, and presented a plaque to the August Volunteer of
the Month Rita Dreissig. He noted the following volunteer accomplishments:
Long time regular volunteer at the Elk River Public Library.
Regular volunteer at the Sherburne County Attorney’s Office.
Member of the Friends of the Library.
Crochets baby afghans for Teeny Tears, a group that provides layette sets for parents
of stillborn children.
New member of the Elk River Library Board.
7.1 Simple Plat: Thompson Second Addition
Mr. Leeseberg presented the staff report.
Acting Mayor Olsen opened the public hearing. There being no one to speak to this issue,
Acting Mayor Olsen closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
adopt Resolution 17-44 granting final plat of Thompson Second Addition with the
following conditions:
1. Park Dedication shall be paid for one dwelling unit at the rate applicable
when the subdivision is released for recording. The 2017 rate for low
density residential is $1,425.93 per dwelling unit.
2. Trail easements, 20 feet wide, shall be provided along the west side of Elk
st
Lake Rd NW and the north side of the 221 Avenue alignment.
Motion carried 3-0.
7.2 Simple Plat: Emmanuel Lutheran Church Addition
Mr. Leeseberg presented his staff report.
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August 21, 2017
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Acting Mayor Olsen opened the public hearing. There being no one to speak to this issue,
Acting Mayor Olsen closed the public hearing.
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
adopt Resolution 17-45 granting final plat approval for the Emmanuel Lutheran
Church Addition.
Motion carried 3-0.
7.3 Spectrum School Project Host Approval and Agreement for Payment in
Lieu of Fees
Ms. Ziemer presented her staff report.
Acting Mayor Olsen opened the public hearing. There being no one to speak to this issue,
Acting Mayor Olsen closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
adopt Resolution 17-46 granting host approval to the issuance of charter school
lease revenue bonds under Minnesota Statutes, Sections 469.152-469.1655.
Motion carried 3-0.
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
approve Agreement 17-22 for payment in lieu of fees between the City of Elk River
and Spectrum Building Company.
Motion carried 3-0.
8.1 Youth Athletic Complex and Oak Knoll Athletic Complex Ballfield
Dugouts
Mr. Benoit presented the staff report.
Councilmember Wagner likes the basic dugout design because it can be upgraded in the
future. She commended the athletic associations for their project partnerships with the
city.
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
approve Agreement 17-23 between the City of Elk River and the Elk River Youth
Baseball Association for the Youth Athletic Complex and Oak Knoll Athletic
Complex Dugouts.
Motion carried 3-0.
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August 21, 2017
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Moved by Councilmember Ovall and seconded by Councilmember Wagner to
adopt Resolution 17-47 acknowledging contributions from the Elk River Youth
Baseball Association.
Motion carried 3-0.
Council recessed at 6:55 p.m. in order to go into work session. The meeting reconvened at 6:59
p.m.
9.1 Massage Therapy in the I1 Zoning District
Mr. Leeseberg presented the staff report.
He explained staff believes rezoning the property to Highway Commercial may be the
best option to create legal, conforming uses for the tenants of this building.
Councilmember Ovall stated he is in favor of keeping Personal Service Establishments
out of the I-1 zoning district; however, this building appears more office/condo and he
believes a good compromise is to rezone this building Highway Commercial.
Councilmember Wagner stated she is not in favor of an ordinance amendment allowing
Personal Service Establishments in industrial areas. She agreed rezoning this property is a
good compromise given the intent and design of the building.
Councilmember Ovall questioned any unintended consequences such as a change in the
required number of parking spots, etc. by rezoning this property. Mr. Leeseberg explained
staff will review but the building appears to be geared towards office space and more than
likely meets the requirements of an office building.
Councilmember Ovall questioned the timeline for the rezoning versus an ordinance
amendment. Mr. Leeseberg indicated rezoning requires a public hearing and the earliest
Planning Commission meeting would be September with Council in October. He stated
the ordinance amendment does not require a public hearing and could be considered by
the City Council at their August meeting.
Councilmember Ovall questioned if the property owner must consent to the rezoning.
Mr. Leeseberg indicated the rezoning can be initiated by the property owner or the city.
He will contact the building owner to discuss and verify current tenants won’t be zoned
out of their legal, conforming use.
Consensus of the Council was for staff to move forward with rezoning the property from
I-1 Industrial, to Highway Commercial.
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August 21, 2017
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11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River
City Council at 7:23 p.m.
Minutes prepared by Jessica Miller.
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John J. Dietz, Mayor
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Tina Allard, City Clerk