10-02-2017 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 2, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Senior Planner Chris Leeseberg, Parks and Recreation Director
Michael Hecker, City Attorney Peter Beck, and Sr. Administrative
Assistant/Recording Secretary Jennifer Green
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 6:36 p.m. by Mayor Dietz.
Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 10/02/2017 Agenda
Mayor Dietz indicated item 4.10 — Agreement for Professional Services: Plat Update
to Include City -Owned Parcels — New Resources Addition — be added. He also
requested to remove PID #75-776-0405 from item 4.4.
Councilmember Wagner asked to pull item 4.3 from the consent agenda and voted
upon separately since she is a member of the planning committee for the Three
Rivers Community Foundation.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve the October 2, 2017, agenda, with the changes noted above.
Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councihnember Wagner and seconded by Councilmember
Westgaard to approve the following consent agenda:
4.1 September 18, 2017, minutes.
4.2 Check register, check numbers 9913-9915 and 103273-103426 as
outlined in the staff report.
City Council Minutes Page 2
October 2, 2017
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4.4 Ordinance 17-18 assigning new street address for PID#75-108-2200
from 13410 221" Avenue re -assigned to the street address of 22118 Elk
Lake Road.
4.5 IT Specialist and Records Specialist Position Descriptions as outlined
in the staff report.
4.6 Resolution 17-58 approving the Final Plat of Hillside Estates
Eleventh Addition for Phoenix Enterprises with the following
conditions:
1. A Development 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 stormwater
plans.
5. Street lights shall be installed as required by Elk River Municipal
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 completion of all improvements and city acceptance, a
security or warranty in a form acceptable to the city engineer shall
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.
4.7 Change Order No. 2 for the 2017 Street Improvement Project as
outlined in the staff report.
4.8 Law Enforcement Services Agreement 2017-26 between the City of Elk
River and the Elk River Area School District as outlined in the staff
report.
4.9 Termination of Ice Arena Sales and Marketing Agreement 2016-26
between the City of Elk River and Decklan Group, LLC.
4.10 Agreement 2017-27 for Professional Services between the City of Elk
River and Oliver Surveying & Engineering, Inc., to update the New
Resources Addition plat to include city -owned parcels as outlined in
the staff report.
Motion carried 5-0.
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October 2, 2017
4.3 Special Event Permit: Three Rivers Community Foundation/ERX
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the Special Event Permit for the Three Rivers Community
Foundation (TRCF) / ERX Motor Park scheduled for Saturday, October 7,
2017, subject to the following conditions:
1. The event planner is required to notify surrounding business,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of properties to be
notified. The event planner must submit an affidavit that the notice
was distributed.
2. Follow approved traffic control plans as outlined in the
Environmental Assessment Worksheet.
3. Inspection of the outside area will take place prior to each outside
event when there is a tent. Applicant must contact Fire Marshal
Cliff Anderson at 763.635.1110 or 763.238.3489 to schedule an
inspection after the tent area has been set up.
4. No electrical services shall be across any drive or walking surface.
Motion carried 4-0 with Councilmember Wagner abstaining.
Open Forum
No one appeared for Open Forum.
6.1 Towards Zero Deaths Outstanding Agency Award
Chief Nierenhausen presented the staff report. He introduced Becky Putzke, Law
Enforcement Liaison with the Office of Traffic Safety, Minnesota Department of
Transportation, who awarded Chief Nierenhausen with four Intoxi-meter Alco -
Sensor IV portable breath -testing instruments. Chief Nierenhausen accepted the
"Towards Zero Deaths Outstanding Agency" award presented to the Elk River
Police Department. The Council recognized and accepted the award.
6.2 Distinguished Budget Presentation Award
Mr. Portner presented the staff report. The council complimented the finance
department's ongoing efforts for their work in the preparation of budget documents
that reflect high quality and meets the GFOA's best practices.
7.1 Simple Plat: Dancing Crane Acres
Mr. Leeseberg presented the staff report. Chairman Dave Anderson of the Parks and
Recreation Commission was present.
Mayor Dietz opened the public hearing.
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Bob Gretton, 14160 227`s Ave NW and the applicant, indicated he learned about the
proposed trail easement two weeks ago and would like the trail located on the west
side of Meadowvale Road due to wetlands in the southwest comer of the easement
and an existing barn situated near the eastern edge of the property.
Chairman Anderson indicated in his experience and service, not once have they
regretted making a decision to plan for a trail. He stated one cannot foresee when a
trail will be built but the commission is asking for 33' dedicated road right-of-way for
the protection of Meadowvale Road. He stated in support of the connections of
corridor and paths, he asked that the council consider the commission's
recommendation for a trail easement in addition to the 33' road right-of-way on the
east side, which he believes will match the plan that the council ultimately sees and
has directed for future trails as not being side -specific and therefore avoiding
surprises such as this applicant experienced.
There being no one further to speak, Mayor Dietz closed the public hearing.
Mayor Dietz asked why the applicant wasn't informed of the trail recommendation
on the east side of Meadowvale Road if the Planning and Parks and Recreation
commissions both reviewed this.
Mr. Leeseberg indicated this item was reviewed and the trail easement wasn't
proposed for the applicant's property until after this application had been reviewed
at the Parks and Recreation Commission meeting. He indicated the applicant didn't
feel he needed to attend the Parks and Recreation Commission meeting because staff
made their recommendation based on past council decisions and he didn't think
those recommendations would affect his property.
Councihnember Wagner stated this too was difficult for her that the surprise trail
easement was proposed when the applicant wasn't expecting anything more than a
simple plat, and she felt really badly this happened. She indicated she doesn't want to
have future applicants have surprises when submitting their applications. She stated
that is why the council decided at a previous meeting a few months ago to be side -
specific when planning trails to avoid surprises and gray area. She explained her
support in planning for future sidewalks and trails to allow safe passage from point A
to point B. She was surprised that this trail easement wasn't included as a condition.
Mayor Dietz agreed with Councilmember Wagner's thoughts and felt it should also
be a condition. He stated the applicant should be made aware of the Parks and
Recreation Commission's recommendations the next day after their meeting. He
suggested altering staff's process to notify the applicant in advance of the council
meeting. He also stated the Parks and Recreation Commission has every right to
make recommendations based upon the soon to be updated trail map, which is a
work in progress until finalized.
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Moved by Mayor Dietz and seconded by Councilmember Wagner to adopt
Resolution 17-59 approving the Final Plat of Dancing Crane Acres with the
following conditions:
1. Surface Water Management Fee shall be paid for one lot at the rate
applicable at the time the final plat is released for recording (currently
$116).
2. Park Dedication Fee 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.
3. Any item or condition found indicating the site is likely to yield
information important to pre -history or history shall immediately be
reported to the city. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and
work is authorized.
4. Include a 15' trail easement on the east side of Meadowvale Road outside
of the right-of-way to be dedicated for trail purposes.
Motion carried 5-0.
Mr. Leeseberg requested clarification from the council regarding future plats and
whether or not the trails are side -specific.
The council indicated until the master trail plan is updated, trail easements are not
side specific and take into consideration the Parks and Recreation Commission's
recommendations.
7.2.a Land Use Amendment: Change from Industrial to Highway Business,
Cheryl Freeburg, 12580 192"" Court NW
7.2.b Zone Change: Rezone from I -I (Light Industrial) to C-3 (Office
District), Cheryl Freeburg, 12580 192"" Court NW
Mr. Leeseberg presented both staff reports
Mayor Dietz opened the public hearing. There being no one present to speak, Mayor
Dietz closed the public hearing.
Councilmember Wagner stated she had a business reach out to her with concerns
and any impacts this amendment may have on their property.
Mr. Leeseberg stated that current tenants in surrounding buildings would not be
affected by this ordinance amendment.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Resolution 17-60 amending the Comprehensive Plan to change
the land use from Industrial to Highway Business for the following reasons:
1. The current use of the site is consistent with the highway business uses.
2. The proposed land use is consistent with highway business uses.
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3. The use would not have adverse impacts on the surrounding land uses.
4. The proposed changes are in general conformance to the adopted
Comprehensive Plan.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Ordinance 17-19 rezoning certain property from I-1 (Light
Industrial) to C-3 (Highway Commercial) because the rezoning is consistent
with the City of Elk River Land Use Plan adopted as part of the City of Elk
River Comprehensive Plan.
Motion carried 5-0.
7.3 Right-of-way Easement Vacation (I 901h Ave) and Simple Plat of Island
View Sixth Addition — Tim Smith
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Dan Schnabel, 18909 Joplin St. NW, asked about the future for the wetland area
behind his property.
Mr. Carlton outlined where the proposed driveway would be located within the plat.
There being no one further to speak, Mayor Dietz closed the public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to adopt Resolution 17-61 the simple plat of Island View Sixth Addition with
the following conditions:
1. The address for lot 1, block 1, will be updated to reflect access to Island
View Drive.
2. The driveway for lot 1, block 1, must be installed per the conditions stated
in the approval of the wetland setback variance (V 17-07) by May 31, 2018.
3. Amend the plat to center the cul-de-sac on the current right-of-way for
190`h Ave NW.
4. Add utility easements to the satisfaction of Centerpoint Energy.
5. Address all staff comments from the October 2, 2017, site plan meeting.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Resolution 17-62 the vacation of the right-of-way for 1901h
Ave NW within the proposed plat of Island View Sixth Addition, with the
following conditions:
1. The resolution vacating the right-of-way must be recorded with the plat of
Island View Sixth Addition.
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2. Update the plat of Island View Sixth Addition to include utility easements
over the north half of the right-of-way for 190a Ave to preserve access to
the existing utilities.
Motion carried 5-0.
8.1 Ordinance: Parking during snow emergencies
Ms. Fischer presented the staff report.
Councilmember Wagner asked about Code Red notifications and the instances
where Main Street hasn't been plowed due to cars parked on it.
Ms. Fischer indicated the crews focus on Main Street at the beginning of their plow
routes but do return at the end of their routes to clean up Main Street in areas where
cars had previously been parked.
Mayor Dietz asked about the cars parked in front of Granite Shores during the night.
Ms. Fischer stated the manager of Granite Shores and a few other businesses have a
private contractor plow the parking spots in that block.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Ordinance 17-20 amending Elk River City Code, Chapter 74,
as it relates to parking during snow events.
Motion carried 5-0.
8.2 Parking Agreement: Elk River Lodge and Residential Suites
Mr. Carlton presented the staff report.
Councilmember Wagner asked how to determine the incidents.
Mr. Carlson stated it will be the Council's sole discretion in determining what an
incident is, and that they can include phone calls, police reports, staff observations,
etc. Counselor Beck's changes to the agreement ensure the council can determine
what constitutes an incident.
Counselor Beck stated they are typically complaint -based, such as observations,
photos, and phone calls.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt the parking agreement prepared for Elk River Lodge and
Residential Suites as outlined in the staff report.
Motion carried 5-0.
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October 2, 2017
8.3 Discuss Work Session Items
Mr. Pormer presented the staff report.
8.4 Hire Consultant to Complete Architectural Design Services for Ice
Arena and Lion John Weicht Park Facilities
Mr. Portner presented the staff report along with a PowerPoint presentation.
Councilmember Olsen asked how much the Lion John Weicht Park facility
improvements would cost.
Mr. Pormer stated the demolition and reconstruction of the current building along
with the addition of ballfields would cost approximately $1.9 million.
Councilmember Ovall asked questions regarding the Lion John Weicht Park building
where recreation programming took place and where would it be moved to if part of
the building footprint was removed as proposed.
Mr. Pormer stated the arena could accommodate additional needs with the use of
community meeting rooms along with a multi -season dry floor available anytime
during the year. He stated the fields themselves could offer the opportunity for
different types of recreational programming than currently offered. He stated the
facilities would be provided for Lions Club meetings.
Mayor Dietz noted another option would be to utilize the senior activity center if
remodeled and make the building larger to allow for late afternoon and
evening/weekend use for recreational activities.
Councilmember Olsen asked about Central Lutheran Church's use of the
amphitheater.
Mr. Pormer indicated the church currently uses the amphitheater for camp one week
a year and at various times informally throughout the year.
Mayor Dietz expressed his concerns with the safety and police activity at the
amphitheater.
Mr. Pormer stated in the proposal they had a shelter area added in as a bid
alternative as there's always a need for a shady spot.
Councilmember Ovall stated he would hate to go down the road of spending $1
million and not committing to a project but he wasn't sure the Council was at that
point.
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Mayor Dietz explained his feelings that this was a really difficult issue for him and
knows something needs to be done but was very concerned about the effect on
taxpayers. He discussed a 1% sales tax option and asked for other ways of generating
funds to help pay for this project besides the taxpayers.
Councilmember Wagner stated the Council learned a lot with the process of a
referendum last year, wondered if they should have waited a year to market, and
engage the community. She wouldn't be opposed to vetting out another referendum
and doesn't like the idea of a sales tax unless the project would be broader scope
including trails and a senior center.
Mayor Dietz remarked that the $23-25 million cost doesn't include the seniors and
he's struggling as including improvements for seniors would make the number even
larger. He is really struggling with making the taxpayers pay even though they didn't
vote in favor of this.
Councilmember Westgaard stated the Council did have those conversations and was
very clear up front that the Council would still need to spend nearly $20 million to
fix things going forward. Councilmember Westgaard discussed his concerns with
allowing another year to put together a referendum and feels the council is at a
crossroads of what are we going to do. The Arena Commission since 2007 has been
talking about the facility needing replacement. Some of those are coming past to
their end life. What are we going to do? How long are we going to kick this can
down the road. Stated some of the projects that were listed were paid for out of big
reserves that could be funded.
Councilmember Wagner asked if Councilmember Westgaard was comfortable with
the proposal before them.
Councilmember Westgaard stated a 5% architectural fee is probably on the low end
in his experience.
Councilmember Wagner wished the senior center upgrades and trail upgrades were
included but it is difficult to wait until a plan is perfect.
Councilmember Westgaard didn't feel a formal, detailed financing plan for this
project was necessary before moving forward with acquiring design services but he
would like to have some funding mechanisms and grant options outlined. He also
requested user agreements with entities such as the school district and other tier I
groups especially since some of the amenities included in this plan are specific to
them.
Mayor Dietz felt costs for including the senior center could range from $1 -3 million.
He too asked about funding mechanism such as other sources of funding, naming
rights, large corporations or individuals to have the arena named after them but he
wasn't sure what kind of money that would bring. Mayor Dietz stated for him it was
a quality of life issue for him and wondered what other cities have done.
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Councilmember Westgaard — there was a firm that came in to help Marshall, Fargo,
and Bismarck to assist in fundraising and grants, which in tum is less money put on
the taxpayers.
Mayor Dietz stated he had a discussion with Sherburne County Commissioner Tim
Dolan regarding purchasing some land in the county and construct an arena that
could service the communities of Becker, Big Lake, and Elk River by utilizing a joint
powers agreement, although he was given some advice by someone to be leery of
such agreements. Mayor Dietz has reached out to the mayor of Big Lake to discuss
further interest. He also felt that the school district was one of the main users of the
arena and didn't feel they paid their fair share and received more benefits than what
they pay for.
Councilmember Westgaard indicated city programming actually uses the arena for
more hours than the school district.
Councilmember Wagner stated the perception is that youth hockey uses the ice more
but it's not all about youth hockey. She stated she also doesn't like kicking the can
down the road and doesn't like getting this information Friday and Monday they
have to make a decision and wonders if the Council is on the same page. She said it
would help her to have a better understanding of where the money is coming from
to explain to the taxpayers how's it's going to be paid for.
Mr. Pormer stated he doesn't have a magic bullet for this, which is why it's presented
as a levy, noting perhaps there're other funding options available. He stated the
proposed number is the best information he has to date, noting the timing of this
was set in motion a while ago. He indicated this decision was important knowing if
the Council waits, additional funds will be necessary to continue fixes and repairs. He
showed the Council the marketing information piece distributed during the
referendum that outlined the city's need for a solution regardless of the referendum
outcome, noting each outcome has a taxpayer cost.
Councilmember Ovall's stated his concerns with property tax creep and outlined
upcoming burdens and needs versus the cost of the want of the arena. He also asked
about making this work on the current parcel of property. He is opposed to the local
option sales tax.
Mr. Portner explained the current setting of the arena and land swap with the arena
as well as the task force review the limited land the city currently owned and in many
ways, this location is the next best option. He discussed other cities and how they
pay for their projects by use of an EDA levy and fundraising campaigns.
Councilmember Westgaard stated if the school district will have amenities in this
facility, they should be vetted out and discussed.
Councilmember Olsen agreed with Councilmember Westgaard and indicated the
current arena status is a disaster waiting to happen.
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Councilmember Wagner stated the city has a responsibility to provide programming
to current adults, families, and youth but to also be attractive to draw in families and
those interested in the community. She stated when she took a role in becoming part
of the group to vet out the community center, it was important that she consider the
long-term needs and vision of the community. She stated she has faith in the city
administrator and his staff that the best funding solutions and mechanisms will be
sought, especially with naming rights, to assist in financing this project and supports
hiring 292 Design Group to complete the plan and more the project forward.
Councilmember Ovall stated he isn't opposed to the arena and will be there to help
out in any way he can to provide more funding options.
Mayor Dietz agreed and again expressed his concerns about the taxpayer.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt the Agreement for Professional Services to hire 292 Design
Group to complete the architectural services for the Ice Arena and Lion John
Weicht Park Facilities.
Motion carried 3-2 with Councilmember Ovall and Mayor Dietz opposing.
The council recommended Councilmember Matt Westgaard as council representative
to the construction committee.
9. Council Liaison Updates
Council provided updated on the activities of the various boards and commissions.
The council adjourned the regular meeting and went into work session at 9:00 p.m. in
Council Chambers.
10.1 Energy City Commission Appointment
The council interviewed Paula Bernard for the Energy City Commission opening.
Moved by Councilmember Olsen and seconded by Councilmember Wagner
to appoint Paula Bernard to serve as a residential customer representative on
the Energy City Commission for a 3 -year term expiring February 28, 2019.
Motion carried 5-0.
H. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:02 p.m.
Minutes prepared by Jennifer Green.
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Octobu 2, 2017
Tina Allard, City Clerk
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