4.1. DRAFT MINUTES 01-02-2018 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, December 18, 2017
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall,Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Finance Director Lori Ziemer,
Fire Chief T.John Cunningham, Economic Development Director
Amanda Othoudt,Environmental Coordinator Amanda Bednar, City
Engineer Justin Femrite,Parks and Recreation Director Michael
Hecker, Parks Maintenance Supervisor Tim Sevcik, Recreation
Manager Steve Benoit,Arena Manager Rich Czech,Senior Planner
Chris Leeseberg, Stormwater Coordinator Brandon Wisner, 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 6:04 p.m.b Mayor Dietz.
2. Pledge of Allegiance
Amwahl- --
The Pledge of Allegiance was recited.
3. Consider December 18, 2017, Agenda
Mayor Dietz added an item as 8.2._,
''Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve the December 18, 2017, agenda as amended. Motion carried 5-0.
4. Consider Consent Agenda
Mayor Dietz indicated the minutes included in the packet are dated August 7 which
is a typographical error. The minutes have been amended to reflect the correct date
of December 4.
Moved by Councilmember Olsen and seconded by Councilmember Ovall to
approve the following consent agenda:
4.1 December 4, 2017, with change noted above.
4.2 Check register, check numbers 104186-104381 as outlined in the staff
report.
4.3 Resolution 17-81 approving the 2018 Compensation Plan for non-
organized employees.
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4.4 Resolution 17-82 designating polling locations for the 2018 elections.
4.5 2018 City Council meeting calendar.
4.6 Resolution 17-83 approving delegated contract process MnDOT
agreement 1029944 and city agreement 2017-34.
4.7 Temporary pay adjustment for Steve Tillman for acting as interim
liquor operations manager effective December 2, 2017.
4.8 Sales and marketing agreement 2017-35 between the City of Elk River
and Blaze Advertising.
4.9 2017 budget amendments for the Fire State Aid and traffic safety
enforcement.
4.10 Resolution 17-84 approving the Final Plat for Hidden Creek Farms
Second Addition.
4.11 ADA Transition Plan as outlined in the staff report.
4.12 Resolution 17-85 authorizing advance of funds to be reimbursed with
future tax increment for the Main Street Redevelopment Project.
4.13 Memorandum of Understanding amending the current labor contract
between the City of Elk River and Law Enforcement Labor Services
Local #271.
4.14 Hire Joe Audette as liquor operations manager at step A of pay grade
13 with a start date to be determined.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Volunteer of the Month
Mayor Dietz introduced and presented a plaque to Robert Koehler as Volunteer of
the Month for December. He noted many accomplishments including:
■ Retired in 1975 as Commander in the US Navy.
■ American Legion member 27 years,including post commander and Chaplin.
■ Member Elk River/Rogers VFW.
■ Charter member Clearwater Knights of Columbus.
■ Charter member Nowthen Lions Club.
■ Member Christ the King Knights of Columbus.
■ Honor Guard assembly member.
■ Member of the Elk River Beyond the Yellow Ribbon Committee.
6.2. 2017 Land Manager of the Year from Minnesota Off-Road Cyclists
(MORC)
MORC Executive Director Matt Andrews presented the City of Elk River with the
2017 Land Manager of the Year Award.
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6.3 Pinewood Golf Course Update
Chris Singer,Manager of the Elk River Golf Club (ERGC) and Pinewood Golf
Course provided an update on operations at Pinewood Golf Course.
Councilmember Westgaard questioned if the estimates for 2018 are similar to 2017.
Mr. Singer explained the budgeting is conservative but 2018 should be a better year
opening sooner and with better marketing. He did note weather plays an important
role in the success of the course.
Councilmember Wagner stated she would like to see more aggressive marketing of
Pinewood and noted there is a large opportunity to use social media. She noted she
would like to see the marketing begin right away.
Mayor Dietz indicated Mr. Singer was optimistic Pinewood would break even but the
numbers are far from breaking even. He hopes the course improves next year or he
feels the Council will have a difficult decision to make regarding future of the course.
He noted he wasn't aware of the large startup costs but does understand the role the
weather plays. He added he played the course and thought Mr. Singer and his staff
did a great job.
7.1 Consenting to the Issuance of Refunding Revenue Bonds (Evans Park,
Inc. Projects)
Ms. Ziemer 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 Olsen and seconded by Councilmember Wagner
to adopt resolution 17-86 and approve agreement 2017-36 consenting to the
issuance of refunding revenue bonds (Evans Park Projects, Inc.). Motion
carried 5-0.
7.2 Simple Plat: Raspberry Ridge
Mr. Leeseberg stated the applicant has requested more time to review their proposal.
Mayor Dietz opened the public hearing.
Mary Rouse, 10189 208`''Avenue—stated she is adjacent to property and expressed
concern over a 16-foot right-of-way along the property and obtaining enough right-
of-way to complete Johnson Street.
Mr. Leeseberg explained the 16 foot right-of-way will disappear into lots 1 and 2 and
the city is requesting the additional 30 feet needed for Johnson Street. He noted the
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city is also requesting right-of-way for the cul-de-sac to provide proper access and to
bring all four lots in to compliance.
There being no one else to speak to this issue,Mayor Dietz continued the public
hearing to the January 16, 2018, City Council meeting.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to continue the public hearing to January 16, 2018. Motion carried 5-0.
7.3 Easement Vacation: Nathan Funk
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 Westgaard and seconded by Councilmember
Wagner to adopt resolution 17-87 approving a petition by Nathan Funk to
vacate drainage and utility easements. Motion carried 5-0.
7.4 Variance: Additional Accessory Structure Area Peter Hasselquist
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.
Councilmember Wagner stated her and Planning Commission Chair Johnson met
with staff to discuss the variance process. She noted the criteria conditions could be
argued various ways on many of the variance requests and questioned why the appeal
process is in place if staff recommends denial each time.
She stated this parcel is 30 acres and the homeowner is only requesting to square off
his existing barn. She doesn't believe any views will be obstructed and no other
properties will be impacted. She indicated she is supportive of allowing the variance
and believes this type of request is the reason the variance appeal process exists.
Councilmember Olson indicated he is willing to grant the variance due to its location
and property size.
Councilmember Westgaard agreed with Councilmember Wagner. He explained an
amount had to be set for ordinance but he has no issue with this request because it is
not a huge departure from intent of the ordinance and it does not encroach on other
properties.
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Mayor Dietz indicated he understands other Councilmember comments but doesn't
feel the request meets the five criteria outlined in ordinance. He stated he doesn't see
a valid reason to approve and overturn the Board of Appeal's decision.
Councilmember Ovall explained he is challenged by the request because he doesn't
feel it meets the criteria for granting a variance. He questioned how the 16,000
square feet maximum was set. Mr. Leeseberg stated all properties increased based on
criteria and equation. He cautioned an ordinance amendment because he feels the
Council can set the maximum for whatever they want but will be challenged no
matter what amount is chosen.
Councilmember Wagner questioned why the variance process exists if requests never
meet the criteria for approval. Mayor Dietz commented many variances are
recommended for approval and approved by the city. He believes the process is
working for most requests.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the variance request by Peter Hasse1quist, 13349—190`''
Avenue, for additional accessory structure area based on all five variance
criteria having been met. Motion carried 3-2. Mayor Dietz and Councilmember
Ovall opposed.
7.5 Variance: Wetland Setback to Construct Deck, Dan Weinmann
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Dan Weinmann, applicant, 13825 214"'Avenue— stated the house was designed for
the deck to be built on the back prior to the ordinance amendment in 2006. He
indicated he would be willing to build the deck without impervious surface
underneath to allow for water runoff. He stated he did start building the deck
already.
Rebecca Brown, ReMax Results— sold Mr. and Mrs. Weinmann the property. She
stated the Weinmann's equity will be affected if not allowed to build a deck.
Adam Harrison, 13470 214"'Lane— stated he may be in a similar position in the
future when he builds a deck. He stated he is a land planner and questioned if a
wetland survey was done as he had never seen a wetland with such straight lines.
Mr. Leeseberg indicated the graphic was created based on a completed wetland
survey. Ms. Bednar added it is not uncommon for wetland delineations to have
straight lines.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
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Councilmember Wagner indicated she believes the situation is unique and the
variance is acceptable given the applicant's request. Councilmember Ovall concurred
adding the house was built with the intent for the deck off the back of the house.
Councilmember Westgaard also agreed. He added he believes these requests should
be reviewed on a case by case basis and is not in favor of an ordinance amendment.
He noted realtors and builders have some responsibility as they are giving
homeowners the perception decks are allowed in specific locations.
Mayor Dietz questioned if precedence is being set. Mr. Leeseberg indicated that is
irrelevant because the Council makes decisions on a case by case basis, however staff
does look for consistency.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the variance request by Dan Weinmann, 13825 214 Ib
Avenue, to construct a deck based on all five variance criteria having been
met as outlined in the applicant's narrative. Motion carried 5-0.
7.6 Denial/Non-Renewal of Rental License for 1772 Tipton Circle NW
Chief Cunningham presented the staff report.
Mayor Dietz opened the public hearing.
Ron Black,Black Law, attorney representing the property owners requested a
hearing continuation until April when the property owners return from Florida. He
stated he disagrees there hasn't been a good faith effort to remedy the situation. He
stated his clients attempted to discuss this issue with staff but staff refused to discuss
with them. He added his clients had no notice of this hearing.
Chief Cunningham explained staff received an appeal request from Mr. Black prior
to the owners attempting to discuss with staff. He stated staff policy is to defer all
communications through our attorney once legal representation is established and
the Rasmusson's were made aware of this policy. He indicated staff attempted to
contact the property owners once cleared by the attorneys but did not have a valid
phone number until recently. He stated the property owners and tenant both
received and signed for hearing notification via certified mail so they were aware of
the hearing;notice was also published in the local paper. He noted ordinance
requires rental owners who live out of state to have an authorized legal agent in state
to handle matters such as this.
Tammy Jorgenson Owens, 1790 Tipton Circle— stated the owners didn't leave for
Florida until the end of October and were well aware of the situation and violations.
She noted they did seem to make some attempt to remove stuff but more stuff
appeared. She stated she would like to see this issue finished noting the homeowners
were aware of the hearing and could have returned to attend.
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There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
Councilmember Ovall stated he would be more comfortable moving forward if Mr.
Beck was present. Mr. Portner indicated Mr. Beck had to tend to family business and
will be back in January if the Council wants to continue the hearing. He noted Mr.
Beck was present at the last discussion of this item. Chief Cunningham stated Mr.
Beck concurs with the denial.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to direct staff to prepare a findings of facts denying the rental dwelling
license for 1772 Tipton Circle NW, based on the following findings:
1. The property has failed to come into compliance with lawful orders issued
by the city;
2. The property has been subject to repeated violations of the Code of
Ordinances;
3. There has been no good faith effort by the property owner(s) to bring the
property into compliance.
Motion carried 5-0.
7.7 Conditional Use Permit: Tiller Corporation
Mr. Leeseberg stated the applicant has requested review of this item be postponed to
allow additional time for staff and the applicant to discuss combining all active
Conditional Use Permits into one permit for each of their three locations.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to the January 16, 2018, City Council
meeting.
The Council recessed at 7:38 p.m. Reconvened at 7:41 p.m.
8.1 Ice Arena Schematic Design
Mr. Femrite and Tom Betti,lead architect 292 Design Group,reviewed a
presentation outlining the Ice Arena schematic plans.
Mr. Femrite stated the Arena Design Committee recommends moving forward with
the revised option to develop final concepts. He noted members of the committee
are present for questions.
Councilmember Wagner questioned if the varsity locker rooms will be used for other
teams in the off-season. Councilmember Westgaard indicated those details have not
been discussed.
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Councilmember Ovall indicated he likes the flow to the new area with the revised
option but feels the current shell area does not have good flow and has a narrow
corridor for bringing equipment in and out. Councilmember Westgaard explained
the proposed uses of the shell area didn't warrant creating a separate entrance but
noted there are other entrances in the area that can be opened up for a large event.
Mr. Betti noted the corridor is a pragmatic link to move people in and out of the
space in an effort to be budget conscious and maintain a single main entrance.
Mayor Dietz asked committee members for their feedback.
Kevin Bergstrom, Chamber representative—believes the revised option provides
more usable space for a little more money. He believes the cost difference could be
covered with the additional usable space.
Dave Williams, community representative, agreed the revised option provides more
bang for the buck. He stated he believes baseball, softball, and lacrosse would also
use the space.
Mayor Dietz indicated he understands the need to work with the school but he feels
taxpayers are also putting a lot of money in to this and focusing on the school is not
what is best for taxpayers. He would like to see what is best for the residents of Elk
River and people not affiliated with hockey. He added he feels the term "dryland"
refers only to hockey use and the space should be for all to use. He noted he is aware
of a 65,000 square foot facility being built in Ramsey offering practice space for
softball, baseball, etc. so we will need to compete with that facility.
Mayor Dietz explained he prefers the revised option but will not commit to being in
favor until funding options have been discussed.
Discussion took place on the ball fields. Mayor Dietz questioned the cost estimate
for moving the softball fields. Mr. Portner stated this item will be discussed further
in the future.
Mayor Dietz stated he asked for a field house to be on the last ballot but the voters
were not interested. He questioned the cost of the dryland area created by renovating
the Olympic rink. Councilmember Westgaard stated RJM Construction's estimate as
$1.8 million.
Councilmember Westgaard explained the Design Committee struggled with
terminology for the dryland areas but the intent is for it to be used by all groups. He
added discussions rely heavily on the school district because of the close proximity
of the arena property to the high school.
Brian Recker,RJM President, explained how costs were determined for renovating
the shell space from the Olympic rink. Mr. Portner added many of the costs for
future expansion of a third sheet would be taken care of.
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Councilmember Wagner stated she would like to discuss the possibility of moving
the softball fields to the Youth Athletic Complex at some point.
Councilmember Wagner indicated the revised option makes the most sense because
it accomplishes more for the city.
Councilmember Ovall concurred adding the revised option makes the most sense for
the cost. He added the original option doesn't have good flow.
Councilmember Olsen agreed having a shell area for future expansion of a third
sheet of ice is a good idea.
Councilmember Ovall questioned a timeline for the sales tax discussion. He stated
he's received positive comments about the sales tax option. Mayor Dietz indicated
Mr. Portner is bringing the issue to Council in January.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to proceed with final design of the revised schematic design option. Motion
carried 4-0. Mayor Dietz abstained,pending discussion on financial options.
8.2. Employee Lunch
Mayor Dietz questioned if the Council is interested in putting on an employee
luncheon again. He stated the cost would be approximately$150 each and if
interested he will begin planning. Council consensus was to do the employee
luncheon.
The City Council recessed at 8:47 p.m. in order to go in to work session. The meeting
reconvened at 8:52 p.m.
9.1 Lake Orono Improvement Funding
Christy Cox and Patrick Plant,representing the Lake Orono Water Quality
Committee (LOWQC), and Dan Cibulka,water resource specialist with Sherburne
Soil&Water Conservation District provided a PowerPoint presentation outlining
the LOWQC's five goals and strategies to achieve including funding sources.
Discussion took place on the creation of a Lake Improvement District (LID).
Council consensus was in favor of creating a Lake Improvement District as long as
the required amount of signatures can be obtained from a property owner petition.
The Council directed staff to research a possible small annual levy and options for
raising$750,000 to assist in funding sedimentation removal. Mr.Wisner indicated he
would look into how much the Stormwater Fee budget could put towards the
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portion of the city cost. Mr. Portner stated he hopes to bring information back in
January for both the dredging and annual maintenance.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:39 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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