4.1. DRAFT MINUTES (1 SET) 11-05-2018 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, October 15, 2018
Members Present: Mayor John Dietz, Councilmembers Jerry Olsen,Nate Ovall,Matt
Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Planning
Manager Zack Carlton, Senior Planner Chris Leeseberg, Parks and
Recreation Director Michael Hecker,Acting Fire Chief Aaron Surratt, Police
Chief Ron Nierenhausen, Police Captain Bob Kluntz, Firefighter Steve
Dittbenner,Recreation Coordinator Tim Dalton,Recreation Manager Steve
Benoit,Recreation Administrative Coordinator Tonya Love, Farmer's
Market/Event Coordinator Karen Wingard, and Records Specialist Katie
Porath
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 Mayor Dietz. .;a
2. Pledge of Allegiance
The Pledge o Allegiance was recited.i's
3. Consider October 15, 2018 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
,,approve the October 15, 2018, agenda. Motion carried 5-0.
4. `Consider Consent Agenda
Councilmember Wagner requested Item 4.8 be removed from the consent agenda for
separate consideration.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard to
approve the following consent agenda with Item 4.8 removed:
4.1 September 4, 2018,Joint HRA/Council Minutes
September 17, 2018, Regular Minutes
4.2 Check register, check numbers 9955-9957 and 107781-108162 as outlined in the
staff report.
4.3 Hire Mark Lemen,Jr as Street Maintenance Operator II.
4.4 Adopt Ordinance 18-14 amending the definitions of Dangerous and
Potentially Dangerous Dogs.
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4.5 Hire Ryan Sandhoefner as Engineering Technician II effective December 19,
2018.
4.6 2019 Flexible Benefits Plan.
4.7 Temporary On-Sale Liquor License to Aegir Brewing Co. for November 3,
2018.
4.8 Removed.
4.9 Pay estimates as detailed in the staff report.
4.10 Accept two outlots within the Miske Meadows subdivision for use as
stormwater ponds.
4.11 Adopt Resolution 18-57 authorizing execution of a grant agreement between
the City of Elk River Police Department and the Minnesota Department of
Public Safety.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
adopt Resolution 18-58 approving the Final Plat of Monroe Estates with the
following conditions:
1. A Development Agreement must be signed by the city and developer prior to
releasing the final plat for recording.
2. Surface Water Management Impact Fee (rural) shall be paid for 16 lots at the
rate applicable at the time the final plat is released for recording.
3. Park Dedication (low density) shall be paid for 16 dwelling units at the rate
applicable when the subdivision is released for recording.
4. A Letter of Credit shall be provided to the city for 100% of the costs of the
public improvements.
5. Upon completion of all improvements and acceptance by the city, a security
or warranty in a form acceptable to the city engineer must be secured.
6. Development Plan shall be approved by the city engineer prior to issuance of
building permits.
7. 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 authorizing in its approval
until the site is appropriately investigated and work is authorized.
Approve the grading permit for Monroe Estates with the following conditions:
1. Staff approval of all grading and erosion control plans.
2. An approved NPDES permit is required prior to any grading commencing.
3. No grading can impact any wetlands,wetland buffers, or wetland buffer
setbacks until a formal Wetland Conservation Act decision is issued for the
proposed wetland impacts.
Motion carried 4-0. Councilmember Wagner abstained.
S. Open Forum
No one appeared for Open Forum.
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6.1 Lifesaving Award
Police Chief Nierenhausen presented the staff report.
Steve Dittbenner spoke on behalf of the Elk River Fire Department.
Judy Greenwaldt, Elk River resident,presented the awards to Officer Kevin Heldt, Officer
Brandon Martin,Medic Don Schulte, EMT Terry Elliott, and EMT Owen Decathelineau
and thanked them for saving her life.
6.2 Volunteer of the Month
Mayor Dietz introduced and presented a plaque to Liane Kondrak as the Volunteer of the
Month Award for October. He noted many accomplishments including:
■ Led Junior Great Books reading program at Parker Elementary School.
■ Coached Destination Imagination groups.
■ Worked on fundraising activities for Park School PTO.
■ Volunteered at several all-night senior graduation parties.
■ Five plus year volunteer for CAER food shelf.
■ Member of fundraising and CAER Golf Classic committees.
■ Coordinates outreach program between CAER and Open Doors for Youth.
■ Event planner and fundraiser for Spectrum High School.
■ Fundraiser for Big Lake girl's tennis program.
6.3 Sherburne County Soil and Water Conservation District Report: 2018 Elk
River Watershed Activities
Mr. Carlton presented the staff report and introduced Dan Cibulka,Water Resource
Specialist with the Sherburne Soil and Water Conservation District.
Mr. Cibulka outlined Sherburne County Watershed activities throughout the past year.
Mayor Dietz asked what the city could do so that Lake Orono does not have to be dredged
every 20 years.
Mr. Cibulka responded it was inevitable the lake would have to be dredged since the river is
carrying sediment into it. The only option would be to increase the amount of time between
dredging.
6.4 Recognition for 30 Years of Service: Police Chief Ron Nierenhausen
Police Captain Klutz presented the staff report.
The Mayor presented a plaque to Police Chief Nierenhausen in honor of 30 years of service.
6.5 Oath of Office: Nicholas Madsen
Acting Fire Chief Surratt presented the staff report.
Mayor Dietz administered the oath of office to Firefighter Nick Madsen.
6.6 Local Option Sales Tax Presentation
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Mr. Portner presented the staff report.
Mayor Dietz asked about the length of the sales tax being 25 years.
Mr. Portner explained there would be a 25-year length of time for payment of the bonds.
Mayor Dietz asked about repaying the amount earlier than the timeframe projected or,if the
economy should fail,is there cap on the number of years to repay it.
Mr. Portner said he would have to look into if the timeframe can be extended and let the
council know. He added that during the University of Minnesota study they did not account
for online sales taxes which may increase the amount of revenue and repay the amount
faster.
Mayor Dietz asked about the distribution of printed literature.
Mr. Portner responded staff and our consultant are working on the mailer and the
communications consultant recommends having them go out close to Election Day.
Mayor Dietz expressed concern that there were some issues with mailings reaching
households for the May 2018 listening sessions due to incorrect addresses.
7.1 Conditional Use Permit: Cheapest Cars Ever, LLC
Mr. Leeseberg presented the staff report. He provided a handout with responses from the
applicant as well as revised conditions.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
Councilmember Wagner asked if the applicant has seen the updated conditions.
Ahmed Habeeb, owner of Cheapest Cars Ever,LLC, responded that he had seen the
additional condition and agreed with them.
Moved by Councilmember Wagner and seconded by Councilmember Westgaard to
approve Conditional Use Permit CU 18-16 with following conditions to satisfy the
standards set forth in Section 30-654, as amended:
1. The number of motor vehicle sales dealers shall be limited to one (1).
2. No more than 10 for sale vehicles may be displayed on the subject property.
3. The building shall provide all proper exhaust and venting as required by the
building code.
4. The applicant and/or property owner must apply for all required building and
electrical permits (such as for paint booths) before any associated activities
can occur.
5. The city building official and fire marshal shall inspect the building for
compliance with all state and local building codes.
6. Sound attenuation shall be installed to mitigate noise to neighboring tenants.
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7. All motor vehicle repairs or finishing shall occur inside the building.
8. Exterior doors shall be closed while any motor vehicle repair or finishing
occurs.
9. All outdoor storage of damaged or inoperable vehicles shall comply with
Section 30-807.
10. No more than five (5) damaged or inoperable vehicles shall be stored in the
outdoor storage area.
11. No outdoor storage of damaged or inoperable vehicles shall be allowed until
the required screening is installed.
12. Paints, chemicals, or other hazardous materials shall be handled and disposed
of in accordance with the Minnesota Pollution Control Agency (MPCA).
13. The applicant and/or property owner shall ensure vehicles stored on the
parking lot do not leak fuels or other hazardous materials into the stormwater
pond to the west of the parking lot.
14. Parking stalls shall be striped in accordance with City Ordinance, Section 30-
892
Motion passed 5-0.
7.2 Simple Plat: Mississippi Oaks Development Corp, Outlot A, Mississippi Oaks
Mr. Carlton presented the staff report.
Mayor Dietz asked if the monument would be removed.
Mr. Carlton said it would be up to whomever purchased the lot and it was not a requirement
that it be kept.
Councilmember Olsen asked if there was a Home Owners Association (HOA).
Mr. Carlton responded there was not.
Mayor Dietz opened the public hearing.
Karry Baker, 13158 180`''Lane,bought the property as an investment. She felt the
monument makes it look more distinct.
Mr. Carlton clarified there was no HOA for the maintenance of this lot specifically.
Mayor Dietz closed the public hearing.
Councilmember Westgaard indicated he was sensitive to Ms. Baker's concerns but the
property owner has obtained a variance to make it a buildable lot.
Councilmember Wagner agreed there was not much the council could do to prohibit the
property owner seeking the plat. The only consideration for the lot would be the location of
a deck or patio according to the setback requirements.
Councilmember Olsen asked if the property had been sold recently.
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Gwen Smith, owner of the property,responded the property had not been sold and that
keeping the monument could be a point of sale and she would like to see the monument
remain.
Moved by Councilmember Wagner and seconded by Councilmember Olsen to
approve the final plat of Mississippi Oaks Fourth Addition 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 release for recording.
3. The developer portion of the Water Availability Charge (WAC) shall be paid
for one (1) dwelling unit at the rate applicable when the subdivision is
released for recording.
4. The parcel must connect to city services (sewer and water).
5. Variance Case No. V 18-08 shall be recorded at the same time the plat is
recorded.
Motion passed 5-0.
7.3 River Walk Apartments— Right-of-way Vacation: Zane Street NW
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Dan Anderson, 633 Upland Ave, spoke as a representative of the Briggs Company. Mr.
Anderson had met with Mr. Carlton to discuss concerns. Since that meeting,he had come
up with a different plan which would provide for more opportunities and a better use of the
bluff. The engineers the Briggs Company are working with are currently finalizing the new
plan but it has not been completed.
Mayor Dietz asked Mr. Beck if the Briggs Company should withdraw the plans.
Mr. Beck recommended withdrawing the current plans.
Mr. Anderson expressed a desire to amend the current plans.
Mr. Beck clarified it would be a challenge procedurally to amend the current plans because
of the 120-day timeframe. The process would need to be completed within the 120 days.
Mayor Dietz asked if the applicant could request a longer period of time.
Staff and the applicant reached a consensus that a revised date of February 20, 2019, could
be requested by the applicant in writing.
Mayor Dietz closed the public hearing.
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Mr. Beck recommended proceeding with making motions on the items on the current
agenda.
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
direct the preparation of Finding of Fact denying the request to vacate a portion of
the Zane Street Right-of-Way as there is no benefit to the public and does not
comply with city ordinances. Motion passed 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
direct the preparation of Finding of Fact denying the request for a Simple Plat as
standards 1, 4, 6, and 7 are not met with the current application. Motion passed 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Olsen to
continue the public hearing for a Zone Change and a Conditional Use (CUP) to the
November 19, 2018, Council meeting as the Planning Commission has not made a
recommendation regarding this item. Motion passed 5-0.
8.1 Discuss Work Session Items
Mr. Portner presented the staff report.
Mayor Dietz asked Mr. Portner to address the school district about lining the tennis courts
so they can also be used for pickle ball. Initially they were opposed to the idea,but he would
Eke to revisit it.
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Council recessed at 7:33 p.m. in order to go into work session. Council reconvened at 7:39
p.m.
9.1 Concept Review: Subdivision for Priscilla Ondracek
Mr. Carlton presented the staff report.
Mayor Dietz asked if a variance would have to be created to support 65-foot lots.
Councilmember Westgaard asked if the entire city-owned property would be transferred or
sold or if it would just be the portions in front of the lots.
Mr. Beck recommended selling the entire piece.
Mr. Carlton clarified the strip was 15 feet at the narrowest.
Councilmember Olsen was concerned with the need for a trail.
Councilmember Wagner mentioned there are sidewalks on the east side of Tyler Street.
Mayor Dietz asked if this was setting precedence for future lots wanted to be 65 feet.
Mr. Beck stated there was adequate Right of Way without the 15 feet.
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Councilmember Wagner is familiar with the area in question and believes there may be
significant resident feedback if they proceed.
Mayor Dietz asked,if the standard-size lots maintained how many homes would fit.
Mr. Carlton estimated four homes would likely fit rather than the proposed six.
Councilmember Westgaard mentioned that the 65-foot size was consistent with lot sizes in
the neighborhood. He was in favor of selling the city-owned property.
The council was in favor of allowing the applicant to proceed with the plan.
9.2 Elk RiverFest Proposal for 2019
Mr. Hecker presented the staff report.
City staff members Karen Wingard,Tonya Love,Tim Dalton,and Steve Benoit were in
attendance.
Mayor Dietz asked if Elk RiverFest would continue to be held the first Saturday of July. He
also wondered if the fireworks should be held the night of the event or moved to
Independence Day. If the fireworks are held in conjunction with Elk RiverFest,the
fireworks date needs increased publicity.
Mr. Hecker said other departments had also weighed in on the site plan.
Councilmember Olsen stated the new proposed layout made sense. He added that people
appreciated having fireworks on both Independence Day as well as the event date. He asked
if any formal surveying of the community and vendors had occurred after the 2018 event.
Ms. Wingard spoke with craft and food vendors. Obviously, there were space constraints in
2018 that would be alleviated if the 2019 plan was approved.
Mr. Benoit added there had been some complaints about lack of water, especially
considering the hot weather. Elk River Municipal Utilities mentioned they could provide a
temporary water station.
Mayor Dietz asked if food vendors had been informed.
Ms. Wingard stated some food vendors have already reached out hoping to lock in a date for
their 2019 schedules.
Mayor Dietz spoke with a representative from the Elk River Ambassadors wondering if they
could hold their coronation before the Elk River Fest concert. He also asked if the hope was
to eventually have other organizations sponsor or co-sponsor the event.
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Ms. Wingard said to sustain a community event community groups need to collaborate.
Community groups also serve as advertising for the event. The goal is to have Elk RiverFest
be city driven but have collaboration from different organizations.
Mr. Benoit added, for example, maybe an organization takes over one of the events such as
the slow bike race or sponsors different elements.
Councilmember Wagner agreed that the new set up makes a lot of sense. She does not have
a preference on the night the fireworks are held but wonders if residents or the police have a
preference. She clarified the goal is to break even and not make money on the event.
Mr. Benoit mentioned that, since they have more time to plan the 2019 event, they have
come up with sponsorship levels.
Mr. Dalton added there are already people coming to them wanting to get on board.
Mayor Dietz stated if the event eventually made money,the surplus would be set aside for
future events. Ideally, future events would eventually cover the cost of the fireworks as well.
Mr. Hecker mentioned it was easier for the fireworks vendor to find staff to work after the
4th of July.
Councilmember Ovall stated he liked the layout of the event and how it flows.
Mr. Hecker mentioned that the layout was based on feedback from staff.
Council consensus was for the event to be held the first Saturday in July.
Councilmember Olsen heard positive comments from people who do not typically attend
the Thursday night concerts.
Councilmember Wagner said they may want to consider shuttles in the future to cut down
on parking concerns.
Mayor Dietz asked if there was a backup plan if it rains.
Mr. Hecker responded there would be a rain out date for the fireworks. The band could use
the school auditorium.
Councilmember Westgaard recommended developing a contingency plan in case of
inclement weather.
Councilmember Wagner added Parks and Recreation had done a great job planning the 2018
event considering the short time frame.
9.3 Student of the Month Program
Mr. Portner presented the staff report. Councilmember Wagner had introduced the idea of
starting a Student of the Month program similar to the Volunteer of the Month recognized
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by the council and staff is looking for direction on when it should be implemented and what
it would entail.
Councilmember Wagner felt it is important to recognize youth and that,by doing so it could
have a positive impact on the future of Elk River. She felt student leadership and significant
achievements should be part of the recognition.
Mayor Dietz asked if the Independent School District (ISD) 728 currently recognizes
student accomplishments.
Mayor Dietz thinks it could be a good idea. Perhaps a certificate and focus more on students
who are interested in government.
Councilmember Wagner agreed it may be a good way to get students interested in local
government and they may become more invested in their community. She will talk to ISD
728.
Mayor Dietz asked if there was an age limit on boards and commission.
There is currently no age limit but school age children typically have busy schedules that
prevent them from attending regular meetings.
Mayor Dietz asked Councilmember Wagner to return to the council with additional
information on starting a Student of the Month program.
Councilmember Ovall asked what the process would be.Would it involve people applying or
be at the discretion of the council or school board?How much effort would go into the
program?What would the criteria be?He believes there is currently a competitive market for
acknowledgement.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:39 p.m.
Minutes prepared by Katie Porath.
John J. Dietz,Mayor
Tina Allard, City Clerk
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