08-20-2018 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, August 20, 2018
Members Present: Acting Mayor Nate Ovall, Councilmembers Jerry Olsen and Jennifer
Wagner
Members Absent: Mayor John Dietz and Councilmember Matt Westgaard
Staff Present: City Administrator Calvin Portner, Senior Planner Chris Leeseberg,
and City Clerk Tina Allard
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 6:05 p.m. by Acting Mayor Ovall.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider August 20, 2018, Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the August 20, 2018, agenda. Motion carried 3-0.
4. Consider Consent Agenda
Item 4.2 was removed from the agenda.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the following consent agenda:
4.1 Check register, check numbers 107241-107428 as outlined in the staff
report.
4.3 Contract with Hakanson Anderson, Inc. for construction inspection
services until the vacant engineering technician position is filled.
4.4 Extend the deadline to record the final plat of Solid Rock Addition to
November 18, 2018.
4.5 Accept quote by New Look Contracting in the amount of $165,485 for
site grading and storm sewer construction for the 6'/z Street and
Quinn Avenue improvement.
4.6 Resolution 18-51 approving loan agreement (Alan Arnold Corporation/
Ralphie's Minnoco Energy Project).
4.7 Hire Thomas Chaffin as Police Officer effective August 21, 2018.
4.8 Contract for communication services with Rapp Strategies, Inc.
4.9 Accept quote for work on various small street improvement projects for
2018 by North Valley, Inc. in the amount of $103,535.37
City Council Minutes Page 2
August 20, 2018
Motion carried 3-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Volunteer of the Month
Acting Mayor Ovall presented the August Volunteer of the Month award to Karen
Staples. He highlighted the following:
• 25 years as finance chair on the leadership team of the Special Olympics
■ Fundraisers for Special Olympics at various locations
• Assisted with Special Olympics annual basketball tournament hosted by the Elk
River Area 7 team
Supported Special Olympics athletes at basketball, softball, and bowling events
Worked Special Olympics at Otsego Prairie Days
Is a Certified Level 1 Special Olympics coach
7.1 Simple Plat: Dickenson Addition
Mr. Leeseberg presented the staff report.
Acting Mayor Ovall opened the public hearing.
Steven Smith, 18584 Troy Street - Expressed concerns with the future of Troy
Street because it is currently a private road. He asked if the road would be paved or
offer city services in the future. He questioned if there was any information regarding
the future of the campground (Wapiti Park).
Mr. Leeseberg stated the road will continue to be a private street. He discussed the
easement and how it would continue to allow access to surrounding property
owners. He stated he doesn't know the status of the campground.
Mr. Smith questioned the type of housing proposed for the campground land.
Mr. Leeseberg stated nothing has been proposed to the city. He stated if a road were
to come in, it would most likely be on the middle of the adjacent parcel
(campground land).
There was discussion about possible zoning changes and whether it could affect the
road but it was unknown what would happen in the future with any development.
Mr. Smith asked if the residents were locked into having a private road or whether
they could have a road that is accepted by the city and improved with city services.
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City Council Minutes
August 20, 2018
He stated he doesn't want to be locked into a private road and would like city
services in the future.
Mr. Leeseberg stated currently it would remain a private road because the city
doesn't have right-of-way on some of the properties.
Mr. Smith noted the property owners would need to come together and be
cooperative in establishing the road right-of-way.
Michael Mopping, 18540 Troy Street — Questioned who has ownership of the
private road.
Page 3
Mr. Leeseberg explained how each owner along the road owns a portion of the road
and there are easements in favor of the differing property owners.
Acting Mayor Ovall closed the public hearing.
Councilmember Wagner stated this simple plat is not affecting the road at this time,
but noted in the future someone can come back and ask for a zoning change.
Mr. Smith expressed concerns about maintenance of the road if the campground
closes down further noting they would have to come together to determine how to
maintain it.
Mr. Pormer discussed the process for how the city would take over a road, which
would involve a taking and assessments to the abutting property owners for building
the new road and the infrastructure. He noted the current road is functioning as a
cartway, which has a different definition in land use. He stated the neighbors would
need to discuss the issue and decide how they want to approach it. He stated the
neighbors could petition the city to take over the road.
Mr. Leeseberg also noted some of the lots may become non -conforming with the
change in road ownership to the city.
Councilrnember Olsen noted there are a lot of private streets in Elk River, which
create issues similar to this. He stated it is problematic in land use issues and not wise
to put them in.
Mr. Smith expressed issue with his road being called a cartway and the city separating
its responsibility, which he finds troubling.
Mr. Portner stated this was not the intent of staff and explained how a cartway is a
legally defined term. He explained the city has no ownership or control of the
cartway. He stated the adjacent property owners would need to petition the Council
as a group if they want to proceed with a different roadway. He explained how this is
like a private driveway on someone's land to their house.
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August 20, 2018
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Acting Mayor Ovall explained the word cartway is an old vernacular term used in real
estate.
Mr. Smith stated he would like to work cooperatively with the city.
Moved by Councilmember Wagner and seconded by Councihnember Olsen
to adopt Resolution 18-52 granting final plat approval for Dickenson Addition,
Case No. P 18-09 with the following conditions:
1. Surface Water Management Impact Fee (urban) shall be paid for one (1)
lot at the rate applicable at the time the final plat is released for recording.
2. Park Dedication (low density) shall be paid for one (1) dwelling unit at the
rate applicable when the subdivision is released for recording.
3. The new parcel (Lot 1, Block 1) will be required to hook up to the city
water system.
4. The existing septic system (Lot 2, Block 1) will be required to have a
septic compliance inspection and must be shown to be compliant.
5. An ingress/egress easement benefitting all parcels north along Troy Street
must be filed prior to recording the plat.
6. 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.
Motion carried 3-0.
8. General Business
There was no General Business.
9. Discuss Work Session Items
There were no work session items.
10. Adjournment
There being no further business, Acting Mayor Oval] adjourned the meeting of the
Elk River City Council at 6:32 p.m.
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