01-16-2018 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, January 16, 2018
Members Present: Mayor Dietz, Councilmembers Olsen, Ovall, Westgaard, and Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Finance
Director Lori Ziemer, Planner BrieAnna Simon, Planning Manager
Zack Carlton, City Engineer Justin Femrite, Parks and Recreation
Director Michael Hecker, Recreation Manager Steve Benoit, 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 January 16, 2018, Agenda
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to approve the January 16, 2018, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councihnember
Olsen to approve the following consent agenda:
4.1 January 2, 2018, minutes.
4.2 Check register, check numbers 104552-104719 as outlined in the staff
report.
4.3 Resolution 18-03 denying rental dwelling license at 1772 Tipton Circle.
4.4 Resolution 18-04 approving 2018 Maintenance Agreement with Wright
County for Parrish Avenue Bridge.
4.5 Purchase of a 2017 Pierce Impel fire engine from MacQueen
Equipment Inc. for $585,993 to replace Fire Department Engine 1.
4.6 Resolution 18-05 acknowledging the donation of parts and labor
estimated at $4,556 from J & A Glass Inc. for Fire Department window
replacement.
4.7 Special Permit allowing extended liquor hours for Super Bowl LII to
Sammy Perrella's Pizza and Restaurant, valid 8:00 a.m., February 2,
2018, through 4:00 a.m. February 5, 2018.
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4.8 Senior communications coordinator position description as outlined.
4.9 LELS #231 Memorandum of Understanding for court time.
4.10 On -Sale and Sunday Liquor Licenses for Elk River Extreme Motor
Park valid until June 30, 2018.
4.11 Temporary On -Sale Liquor License for the Elk River Lions Club for
February 10, 2018, with the condition alcohol must be confined to an
area enclosed by a fence with a secured, controlled access. Wrist band
control is required for patrons 21 and over.
4.12 Purchase of two 2018 Ford Police Interceptor SUVs for $83,500 with
further authorization to set-up and equip the vehicles with a total cost
not to exceed $109,000.
4.13 Purchase of a 2018 Chevrolet Tahoe for $35,417.33 with further
authorization to set-up and equip the vehicle with a total cost not to
exceed $53,000.
4.14 Purchase of 2019 Mack, tandem axle plow truck with Towmaster
equipment for snow removal efforts; and the purchase of a 2018 Toro
4010 wide area mower.
4.15 Resolution 18-06 approving the application by the Elk River Lions
Club to conduct off-site gambling at Shiver Elk River February 10,
2018.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Volunteer of the Month
Mayor Dietz introduced and presented plaques to Cheryl Wold and Marilyn Olson as
Volunteers of the Month for January. He noted many accomplishments including:
■ Founders of Open Doors for Youth.
• Led core committee researching needs of local youth experiencing
homelessness and lack of local resources.
■ Provided leadership in community research and intial plans for establishing
an independent drop-in resource center for homeless youth in Elk River.
■ Served on the Board of Directors and continue to volunteer for Open
Doors.
■ Advocated to raise awareness of youth homelessness and provided direction
so organizations and individuals can become part of the solution.
• Active in social justice issues at local churches.
6.2 Introduction of New Liquor Operations Manager
Finance Director Lori Ziemer introduced new Liquor Operations Manager Joe
Audette.
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January 16, 2018
3.1 Conditional Use Permit: Tiller Corporation
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 Wagner and seconded by Councilmember Olsen
to approve the Conditional Use Permit request by Tiller Corporation
authorizing Mineral Excavation and a portable concrete plant, with the
following conditions:
1. If the proposed improvements described in the application and CUP are
not substantially complete within two years of the permit'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. Failure to obtain an annual license will be evidence of cessation
of use.
3. The applicant must apply for and receive approval of all required permits
before any construction may begin.
4. A Mineral Extraction License shall be obtained annually.
5. All activities on the site shall be conducted in a manner consistent with
operating permits issued by the city, county, state, federal, and other
agencies. A copy of all permits related to the operation of the site shall be
submitted to the city for reference.
6. Portable concrete plant shall maintain setbacks of 50 feet from all
neighboring property lines. No mining activity shall be permitted within
the setback area without staff approval.
7. The need of buffering and/or screening in light of surrounding land uses
shall be evaluated at the time of annual license renewal and shall be
installed when directed by the city to protect surrounding land uses.
8. The applicant shall be responsible for the cost and construction of all
reasonable road improvements, including turn lanes, as required by the
Sherburne County or MnDOT. The city reserves the right to require the
applicant to pay for reasonable road maintenance of haul routes.
9. Wash operations shall not be permitted unless a plan for protecting
ground water and surrounding environment is approved by the city's
environmental consultant.
10. Dust control is required for all roads and within the site in accordance
with air pollution standards to ensure no public dust nuisance or
otherwise adversely impacts to adjacent properties.
11. Vehicles and equipment not in operable condition or materials not
associated with the mineral extraction/excavation activity shall not be
kept or stored at the site.
12. The site shall be mowed or maintained to control noxious weeds and
other vegetation. Existing trees and ground cover shall be preserved to
the maximum extent possible.
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13. Fencing shall be installed during extraction operations to ensure public
and environmental safety as determined by the city engineer and
environmental staff.
14. Hours of operation are 4 a.m. to 10 p.m., Monday -Friday and 7 a.m. to 7
p.m., Saturday.
15. Trucking and hauling shall be allowed between the hours of 6 a.m. and 7
p.m., Monday -Saturday.
16. Tiller will work with staff to combine active CUPs for their three sites in
Elk River by the end of 2018.
Motion carried 5-0.
7.2 Conditional Use Permit: Vanman/LeFebvre for Building Addition at
10895 171" Avenue
Mr. Carlton presented the staff report. He distributed a letter and landscape plan
submitted by LeFebvre Companies Friday.
Mayor Dietz opened the public hearing.
Zach Anderson, Vanman Architects and Builders, stated the applicant has no issue
adding trees but feels 59 may cause visibility issues in the future. He added the site
functions as -is and feels adding curb and gutter will be detrimental to the site and
incur unnecessary costs.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Councilmember Wagner confirmed the applicant was agreeable to the tree and curb
and gutter requirement during the Planning Commission meeting.
Mr. Carlton indicated the letter distributed this evening was received Friday along
with the landscape plan that was a condition of the Planning Commission's approval.
He noted Council has authority to waive the curb and gutter but waiver of the tree
requirement requires a variance.
Councilmember Wagner indicated she is surprised the applicant did not comment on
the curb and gutter or tree requirements at the Planning Commission meeting. She
agreed the trees could pose a site issue along 171" Avenue once they grow but
struggles because the applicant was agreeable to the conditions during the Planning
Commission meeting.
Mayor Dietz suggested a compromise on the number of trees somewhere between
the 19 the applicant is requesting and the 59 the ordinance requires
Councilmember Westgaard concurred with Councilmember Wagner adding the
purpose of the ordinance is to address boulevard aesthetics but in this case it could
lead to safety concerns. Councilmember Westgaard agreed trees should be added but
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maybe not the full 59. He added the business has functioned on this site for many
years with no issues and he is comfortable with leaving the outdoor storage in its
current location and only requiring curb and gutter on the new parking areas.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the Conditional Use Permit request by Vanman/LeFebvre
for a building addition at 10895 171" Avenue, with the following conditions:
1. The authorized Conditional Use Permit shall be recorded.
2. The city building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
3. The authorized CUP shall not be recorded until the aforementioned conditions
are complete.
4. The authorized use shall not begin until the CUP is recorded.
5. No more than one access shall be allowed on Twin Lakes Road or Ulysses
Street.
6. The temporary trailer shall be removed from the site by December 31, 2018.
7. An escrow, equal to the value of the required landscaping, shall be submitted
prior to releasing a building permit.
8. The required landscaping shall be installed by June 21, 2018.
9. All new parking areas shall be bounded by B612 concrete curb and gutter. This
shall be installed by June 21, 2018.
10. If the proposed work described in the application and CUP has not been
substantially completed within two years after the CUP's date of issuance, the
permit shall expire and become void.
11. If the authorized use ceases for more than six months, the CUP shall expire.
12. Applicant must receive approval for all required permits before any
construction may begin.
13. All comments in the Stormwater Coordinator Memo dated December 6, 2017,
shall be addressed.
Motion carried 5-0.
Councilmember Ovall stated he would like staff to look at an ordinance amendment
allowing landscaping requirements to be waived at the Council level rather than
through the variance process.
7.3 Zone Change, Conditional Use Permit, and Preliminary Plat: Paxmar,
LLC for Expansion of Miske Meadows
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearings.
Randy Barney, 19008 Lincoln Street, encouraged the Council to drive in his
development and witness the traffic. He expressed concern over an inaccurate traffic
study and the increase in traffic new homes will bring.
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Bert Bongard, 19040 Lincoln Street, agreed with Mr. Barney's comments adding
visibility is limited exiting Lincoln Street on to Twin Lakes Road because of trees. He
suggested reduced speed limit signs.
There being no one else to speak to these issues, Mayor Dietz closed the public
hearings.
Mr. Femrite indicated Sherburne County applied for funding intersection treatments
at the County Road 13/County Road 40 intersection to facilitate safer movements,
likely in the form of a roundabout. He added the county is also looking at studying
safety improvements for intersections in the area.
Councilmember Westgaard asked staff to make the wetland setback requirements
very clear to the developer so the Council is not considering variance requests for all
of the properties.
Councilmember Westgaard questioned why the Parks and Recreation Commission is
requesting park dedication in the form of cash. He expressed concern with a place
for children to play once the development is built out. Councilmember Wagner
explained the areas originally defined as park land were not desirable or functional
for a park. Mr. Carlton noted school facilities are available at this time but noted park
land is designated once the area to the south develops.
Councilmember Westgaard explained the city will continue to work with the county
on safety in this area. He is in favor of deferring the connection until the county has
addressed the traffic issues but understands the developer has no option other than
to connect as the area continues to develop.
Mayor Dietz agreed with Councilmember Westgaard regarding the connection at
Lincoln and Kennedy.
Mr. Carlton stated the connection is shown on the preliminary plat but a decision
does not need to be made until the final plat is considered.
Councilmember Wagner questioned if signage indicating a blind intersection can be
installed prior to Lincoln Street. Mr. Femtite indicated the city does not have
authority to install signs in the county right-of-way; however, he can pass the idea to
the county.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt ordinance 18-01 rezoning the area from R-1c/d to Planned
Unit Development (PUD) with the condition a PUD Agreement is approved
by the City Council prior to recording the Zone Change. Motion carried 5-0.
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Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the Conditional Use Permit request by Paxmar, LLC to
amend the existing Miske Meadows PUD, with the following conditions:
1. An update to the PUD Agreement shall be developed and signed by both
parties prior to issuance of a building permit.
2. Building pads and house types must be updated along Twin Lakes
Parkway, Edison Ct. NW, and Ivanhoe Street NW to preserve at least 15
feet of buildable land between a building pad and the rear drainage and
utility easements.
3. Staff approval of updated plans reflecting the additional 12 lots south of
Twin Lakes Road where the park area had been proposed.
4. Satisfaction of all comments in the comment letter dated January 4, 2018.
5. Payment of park dedication fees equal to the credit given for the land
dedication described in the Development Agreements for Miske Meadows
1, 2, & 3 - $13,504.35
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the updated Preliminary Plat for Miske Meadows, with the
condition staff approves all updated site, engineering, utility, and house 5t
plans. Motion carried 5-0.
Mayor Dietz asked Mr. Femrite to provide the Council with periodic updates as the
county makes progress.
7.4 Simple Plat: Raspberry Ridge
Mr. Carlton stated the applicant has requested more time to review their proposal.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to the February 20, 2018, City Council
meeting.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to continue the public hearing for the Raspberry Ridge Simple Plat
to February 20, 2018. Motion carried 5-0.
8.1 Corridors of Commerce Project Submittal
Mr. Femrite presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to adopt resolution 18-07 pledging support for funding of improvements to
TH169 through the MnDOT Corridors of Commerce project solicitation.
Motion carried 5-0.
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January 16, 2018
8.2 Ice Arena and Field Relocation Project Timeline
Mr. Femrite presented the timeline.
Mayor Dietz stated he would like to discuss project funding at the February 5
Council meeting. He indicated discussion on this project is heating up on Facebook
and he doesn't believe the city has done a good job of informing the citizens of the
project. He would like to see a Q&A prepared explaining the city is doing what we
said we would do if the bond referendum did not pass. He would also like a detailed
explanation of the project put out for the public. He added many citizens believe the
building is only for hockey and the city needs to outline the proposed uses and
highlight the building will also be for other groups.
Mr. Portner explained the only project details available is what has been approved by
the Council which is available to the public. He noted most of the discussion on
Facebook is speculation. He indicated the project has changed week to week and the
architect is currently preparing drawings. He explained other than recapping Council
meetings he is not sure what else about the project can be put out. He encouraged
residents to call him or stop in to city hall anytime if they have questions. He noted
staff is meeting with Springsted soon to discuss funding options but any financing
will have to be through a Council approved bond.
Mayor Dietz questioned why the project is moving so quickly. Mr. Pormer stated the
ice plant problems contineue and the longer we wait the more expense we have
replacing Freon and making repairs to an obsolete system is money we won't ever
get back and because we are on a schedule for bids to ensure we don't interfere with
the school year and school projects, which if we need to work around would add
more expense to the project.
Councilmember Westgaard acknowledged the funding piece still needs to be
discussed. He explained this project should not be a surprise because it was stated
prior to the election if the referendum was voted down the condition of Lions Park
Center, the Arena, and the Senior Activity Center would need to be discussed. He
stated repairs on the Arena and Activity Center have been delayed for years and are
costing more and more money because parts are getting harder and harder to find.
He questioned how fast is too fast to move on this project adding he believes the city
is doing what has to be done to figure out what we want prior to securing financing.
He compared it to obtaining a mortgage for a house in that you don't apply for the
mortgage before you know what you want. He agreed the city can do a better job at
communication.
Mayor Dietz added he would like the city to communicate the currently proposed
project is completely different from the one included in the referendum.
Councilmember Wagner stated she would like a marketing piece developed for
online and social media explaining how the city got from the 2016 referendum to the
current project. She would like it noted the city did indicate condition of facilities
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would still be discussed if the referendum failed. She doesn't believe the information
needs to include the preliminary design. She would also like boards developed with
project schematics, timelines, etc. so people can stop in to city call to view and ask
questions. She added the city needs to get in front of the miscommunication on
social media rather than trying to play catch up.
Councilmember Westgaard indicated 292 Group is working on an isometric design
but it would be difficult to create design boards without a final plan in place. He
questioned Council thoughts on charging for field use or for use of space as a way to
fund improvements at other city owned facilities.
Councilmember Ovall indicated user groups pay to use the facilities but do not cover
capital costs. He feels once the buildings become more economical to maintain the
user fees should eventually begin to cover costs.
Mr. Partner explained Lions Park Center and the Arena were donated to the city but
cost a lot of money to operate and replace. He suggested implementing a policy to
begin funding for replacement when large items are donated.
Mr. Fernrite indicated he will check with the project team and Springsted to see if
financing can be discussed February 5. He added staff will circle around and figure
out the most effective way to communicate project details.
The City Council recessed at 7:43 p.m. in order to move in to work session. The meeting
reconvened at 7:50 p.m.
9.1 Elk River Celebration Day
Mr. Benoit presented the staff report.
Mayor Dietz likes the idea of having a concert and fireworks the same day. He added
there shouldn't be a huge cost because events we already do will be moved to a
different day. He noted the event may draw more people if its not on Independence
Day. Mr. Benoit added there may be cost savings by other groups in the city taking
over some activities.
Discussion took place on downtown fireworks. Mr. Hecker stated the fire chief and
police chief have traffic and safety concerns about fireworks downtown. Staff noted
there may also be logistical issues with distance requirements for shooting fireworks.
Councilmember Wagner stated she wants the fireworks to be downtown. Mr. Hecker
indicated staff will research.
The Council discussed proposed names for the festival. Mayor Dietz and
Councilmember Olsen preferred River Front Days. Councilmember Wagner stated
she will brainstorm some names.
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Councilmember Ovall explained he likes the spirit of the festival but had concerns
with closing Main Street and bringing a large amount of people downtown when
parking downtown is already a concern. He indicated he is struggling with the
logistics of having a mass amount of people downtown all leaving about the same
time to get across town for fireworks but he will leave to the experts. He suggested
having events in various locations throughout the city to help disperse traffic.
Councilmember Wagner noted Shiver Elk River has activities going on in various
parts of the city and she knows it is difficult to plan and coordinate. Councilmember
Ovall stated he is okay with the event downtown as long as others are comfortable
with the parking situation.
Councilmember Westgaard questioned if recreation has proper staff and budget to
handle this festival. Mr. Hecker indicated most of the costs associated with the
festival are already in the budget. He stated he doesn't anticipate a huge increase in
staffing and recreation will incorporate seasonal staff.
Council consensus was for staff to bring back a plan for a celebration day event to be
held later this year.
9.2 Retail Space in Ice Arena
Mr. Femrite presented the staff report.
The Council discussed including retail space in the proposed Arena. Concerns were
raised regarding ending up with a vacant space if the tentant leaves. It was
questioned if the city has to go out for bid to find a tenant.
Attorney Beck indicated the city is not required to go through the competitive
bidding process for tenants but suggested the Council vet the tenants for things like
a longer term lease and a personal guarantee. Mr. Beck suggested we make our
requirements clear to potential tenants.
Councilmembet Wagner stated she would love to be located in the Arena if she had
a retail establishment. She questioned if an apparel store would conflict with
DECA's store at the high school. Mr. Portner indiated he can discuss with the
school.
Mr. Femrite explained the estimate is to construct the shell as the tenant would be
responsible for space improvements and furnishings. He added staff will discuss
details on the lease and space with Springsted.
Other arena locations with retail space were discussed.
Mayor Dietz questioned if we seek tenants prior to constructing the space.
Councilmember Westgaard indicated he feels the city would want to have a pretty
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good deal in place before agreeing to construct the space. He noted an interested
tenant has already approached the city.
Mr. Femrite explained if the Council is interested in pursuing retail space it can be
included in the bid documents as an alternate with the understanding the space can
be removed if no firm commitments are received.
Consensus was for staff to move forward with including the retail space in the bid
documents as an alternate.
10. Recess
Mayor Dietz stated the City Council is going in to a closed meeting pursuant to MN
Statute § 13D.05, subd. 3(b) to discuss the lawsuit involving John and Elaine Dryer.
The City Council recessed at 8:27 p.m. in order to move in to a closed meeting.
Minutes prepared by Jessica Miller.
Tina
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