4.1. DRAFT MINUTES (2 SETS)VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, December 16, 2019
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate Ovall,
Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Chief of Police Ron Nierenhausen,
Planning Manager Zack Carlton, Street and Park Superintendent Tim
Sevcik, Parks and Recreation Director Michael Hecker, Recreation
Manager Steve Benoit, Public Works Director/Chief Engineer Justin
Femrite, and Deputy Clerk Jessica Miller
I . Call Meeting to Order
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Pursuant to due call and notice thereof, the meeting of the Elk River City Council was
called to order at 6:04 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recite
3. Consider Agenda
Councilmember Ovall requested item 4.5 be removed from consent and discussed after
item 8.3
Councilmember Christianson requested removal of item 4.14 from consent due to a
conflict of interest.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner
to approve the agenda as amended. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Wagner
to approve:
4.1 Minutes
■ November 18, 2019
■ December 2, 2019
4.2 Check register, check numbers 112812-112988 as outlined in the staff
report.
4.3 Resolution 19-69 scheduling a public hearing for municipal consent of the
final layout for the Trunk Highway 10 reconstruction from Xenia Avenue
to 4`h Street and the trail construction from Simonet Drive to Lowell
Avenue.
4.4 Resolution 19-70 making finding of fact and denying an ordinance
amendment allowing auto sales in the FAST — The Point zoning district.
City Council Minutes
December 16, 2019
Page 2
4.6 Appoint Jayme Swenson to the Housing and Redevelopment Authority for
a term beginning January 1, 2020, and expiring December 31, 2024.
4.7 Position descriptions for juvenile detective sergeant and investigative
assistant.
4.8 Ordinance 19-25 amending Chapter 38, Article V, regarding gambling.
4.9 Purchase and installation of playground equipment and eight dugouts for
the Youth Athletic Complex.
4.10 Resolution 19-71 approving the 2020 Compensation Plan for non -
organized employees.
4.11 Resolution 19-72 agreeing to provide local match funding and
maintenance for the two trail gap segments for the transportation
alternatives 2024 federal funding solicitation process application.
4.12 Pay estimates as outlined in the staff report.
4.13 Planned Unit Development Agreement for Mulvaney Point Townhomes.
Motion carried 5-0. '40 N
4.14 Waste Management Elk River Landfill Waste Agreement
Councilmember Christianson pulled this item from consent because he is employed by
Waste Management.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve the Waste Management Elk River Landfill Waste Agreement 2019-26 as
outlined. Motion carried 4-0. Councilmember Christianson abstained.
S. Open Forum IV'
No one appeared for Open Forum.
6.1 Recognition of District 30A House Representative Nick Zerwas
The City Council thanked Representative Zerwas for his service and Mayor Dietz
presented him with a plaque.
Representative Zerwas thanked the Council for their support as well.
6.2 City of Elk River Volunteer of the Month
Mayor Dietz presented the December Volunteer of the Month award to Ken and Irene
Shaw. He highlighted the following:
■ Organized over 19 projects for 220 volunteers for the Great Day of Service in
September of 2019.
■ Over 100 volunteer hours as church nursery leaders.
■ Assisted with Eagle Scout project at Elk River Maintenance Facility.
■ Supported youth at Scout Camp.
■ Assisted in Board of Review for Scout rank advancement.
■ Volunteer church service as Young Single Adults Program Advisors for over 570
young single adults spanning over 11 church congregations.
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December 16, 2019
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6.3 Recognize Promotion of Detective Andrew Zabee to Patrol Sergeant
Chief Nierenhausen provided some background on Andrew Zabee.
Mayor Dietz presented the Oath of Office to Andrew Zabee.
7.1 Copart of Connecticut, Inc., 15932 Jarvis Street NW
A. Easement Vacation: Right -of -Way
B. Simple Plat: Cascade Industrial Park Third Addition
C. Conditional Use Permit to Operate a Salvage Yard
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing until January 21, 2020.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall to
continue the public hearing for Copart of Connecticut, Inc. until January 21, 2020.
Motion carried 5-0.
7.2 Interim Use Permit: Verizon Wireless, 17610 Tyler Street NW — Install a
Temporary Telecommunications Tower
Mr. Carlton presented the staff re ort.:.
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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 Ovall to
approve the request by Verizon Wireless for an Interim Use Permit with the
following conditions:
1. The Interim Use Permit shall expire on December 16, 2021, or upon
removal of the temporary tower facility.
2. The city shall approve a lease agreement with Buell Consulting,
Inc./Verizon Wireless prior to construction or installation of any
equipment.
3. Sidewalks shall not be obstructed and must remain open to non -motorized
traffic at all times.
4. Roads must be kept free of debris at all times during construction and
operation. Sweeping must be completed within 12 hours of notification.
5. After the Interim Use Permit expires or the use has ceased, the site must
be returned to its original condition within 30 days.
Motion carried 5-0.
8.1 Sidewalk Machine Replacement
Mr. Sevcik presented the staff report.
Discussion took place on the purchase of a trackless sidewalk machine. Mr. Sevcik noted
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December 16, 2019
if purchased, the trackless may not arrive for this winter season.
Councilmember Wagner indicated she has concerns about spending $150,000 to
purchase a machine that potentially won't even be available for use this season. The
Council concurred. Mr. Sevcik indicated the city has been renting a skid steer from Lano
Equipment while the current equipment is repaired. He stated the city has the potential
to continue renting the skid steer in the event of a breakdown until the new trackless
arrives. He noted the skid steer is available on a first come, first serve basis so there is a
chance it won't be available in the event of an emergency.
The Council expressed an interest in taking more time to make a long-term decision such
as this. It was noted if necessary, the purchase could be a crated for delivery in time
for next winter.
Mayor Dietz recommended leasing the skid steer for the remainder of the season to
ensure its availability. Mr. Sevcik noted it is unclear how the skid steer will handle
additional snow build up and a blower attachment is not available for rent for the skid
steer through Lano Equipment. He added a blower attachment can be purchased for
approximately $7,000.
Council consensus was for staff to negotiate with Lano Equipment for lease of the skid
steer for the remainder of this winter season and for staff to purchase a snow blower
attachment for the skid steer for approximately $7,000.
8.2 Declaration of Public Nuisance and Abatement Order
Mr. Carlton presented the staff report.
Kurt Glaser, Smith/Glaser Law Firm, presented an overview of the court ordered
abatement on behalf of the city prosecuting attorney. He explained the process and
answered the Council's. estions.
Mayor Dietz questioned if the property owners are aware of this meeting. Mr. Carlton
indicated he spoke with the property owners by phone last week and sent them the staff
report.
Kent Rasmussen, 1772 Tipton Circle NW — explained he believes the yard is fairly
cleaned up indicating the pictures staff has are not updated. He indicated he is working
with Sherburne County on some assistance and requested this declaration be pushed off.
The Council agreed this item has been postponed enough and the city needs to move
forward. It was noted the city can put the abatement in place but if Mr. Rasmussen
continues to make progress it may not have to be used.
Mr. Rasmussen questioned the process for obtaining a variance to construct an
additional garage. He feels the additional storage would solve the problem. He also
questioned the process for zoning nearby property to commercial. Mr. Rasmussen was
directed to speak to Mr. Carlton about the variance and rezoning procedures.
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December 16, 2019
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Mr. Glaser noted once obtained the direct order will allow the city to enter the property,
but staff can continue to work with the property owner to get voluntary compliance as
they see fit.
Mr. Beck added the city previously worked on a voluntary arrangement with the property
owners, but the owners never signed it and this time the city is seeking the court ordered
abatement.
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to adopt resolution 19-73 declaring the property at 1772 Tipton Circle
NW a public nuisance and ordering the abatement of the public nuisance.
Motion carried 5-0.
Mr. Rasmussen indicated he feels like he's getting railroaded. Mr. Glaser stated he will
speak with Mr. Rasmussen outside and explain the process.
8.3 Summary of City Administrator's Performance Evaluation n
Mayor Dietz read a statement regarding the city administrator's performance evaluation
as outlined in the staff report.
4.5 Ordinance Repealing and Replacing Chapter 10 Related to Animal
Regulations.
Councilmember Ovall indicated he received a call inquiring whether the 50% neighbor
requirement was removed. Mr. Portner indicated staff worked with City Prosecuting
Attorney Scott Baumgartner to include language that can be prosecuted. The old
requirement required 50% of the neighbors to complain before a complaint could be
prosecuted. He explained past practice has been for complaints to be investigated by the
Police Department prior to speaking with the animal owner and this is consistent with
how e,n rdinance written.
Attorney Beck indicated ollection is for misdemeanor citations, officers must
witness the violation in any case, and he believes Mr. Baumgartner and Chief
Nierenhausen revised the ordinance language to be enforceable.
Councilmember Wagner verified the current ordinance allows up to three dogs rather
than three animal units. Mr. Portner indicated it is three dogs.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall to
adopt ordinance 19-25 repealing and replacing chapter 10, relating to animal
regulations. Motion carried 5-0.
The City Council recessed at 7:22 p.m. in order to go in to work session. The meeting
reconvened at 7:29 p.m.
9.1 Regional Planning Partnership
Mr. Portner presented the staff report.
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County Commissioner Tim Dolan provided an overview of the Regional Planning
Partnership.
Councilmember Wagner indicated her first reaction is Elk River would want to be part
of the group as what happens to the west affects Elk River.
Commissioner Dolan explained the meetings are open to the public and can be attended
to see if the Council feels there is value.
Councilmember Westgaard questioned the time commitment. Commissioner Dolan
indicated the meetings are typically held once a month but_may become more frequent as
the group works through the study.
k.
Mayor Dietz thanked Commissioner Dolan for his time asked if someone attends the
next meeting to report back to Council.
9.2 Park Dedication 'N
Mr. Carlton presented the staff report. < e
Attorney Beck presented background on park dedication limits. He noted not many
cities have gone through the effort Elk River did to get to a number that complies with
constitutional requirements. He added in his experience our approach is as development
friendly as any other city with a few exceptions.
Pat Briggs, Briggs Companies, handedout an agenda and reviewed his project.
Mayor Dietz asked Parks and Recreation Commission Chair Dave Anderson to weigh in
on how the city accepting Mr. Briggs 12 acres of land to reduce his park dedication
would benefit the parrs,
Chair Anderson ndica!de Parks and Recreation Commission reviewed the request
twice and did not come up with a good enough use for the land and instead requested
?'< the park dedication be paid in cash. He stated they could review the request again but
he's not sure the decision would change.
Councilmember Westgaard questioned how many of the 12 acres is floodplain. Mr.
Carlton stated 9.6 acres is in the flood plain.
The Council expressed concern with accepting flood plain as park dedication.
Mr. Briggs explained he envisions the area be used for a wild and scenic use and he is not
interested in bringing pedestrian traffic to private property.
Councilmember Christianson questioned what the city can do to work with the
developer to develop this vacant property.
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December 16, 2019
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Attorney Beck explained the Council can waive whatever requirements they wish but in
order to not set precedent, the Council should outline good, rational findings in a
resolution.
Mr. Briggs stated he is very interested in putting together a joint venture with the city to
create a win -win for everyone. He has concerns with ruining the wildlife area by creating
a walking path. He stated he is not interested in owning property with a trail due to risk
management and would like the city to own and police the property if they insist on
putting a trail in.
Council consensus was to schedule this item for an upcoming City Council meeting
night with a light agenda to allow ample time for discussio Mr. Portner indicated staff
should be able to add to a January meeting.
9.3 Advisory Board Review
Mr. Portner presented the staff report.
Heritage Preservation Commission - -
Councilmember Wagner is the liaison to the Heritage Preservation Commission and
provided an update on current projects. She stated the discussions are great when they
meet but the projects may not be as fruitful as the commissioners would like. She added
one of her concerns is attendance varies and with so few commissioners, it can be
difficult to spread the work. She would like to hear how the commissioners feel.
;; .......
HPC Commissioner Lance Lindber stag he is trying to get histories put together for
the city website and get back to completing oral histories. He added sometimes there is
more going on than other times.
Mayor Dietz commented as long as he has been on Council, the HPC has always been
the most difficult to rec; it members. He also expressed concern with the number of
cancelled meetings.
HPC Chair Debra Mortensen, expressed concern with the city questioning the
commission. She explained the HPC used to meet monthly and then voted to meet
quarterly. She finds it difficult to get anything done meeting so infrequently. She would
Eke to see the commission meet more frequently and she reviewed some ideas she has
for commission projects.
HPC Commissioner Mauren stated current HPC projects don't lead to Council
recommendations very often and he suggested reviewing HPC duties and making more
recommendations to the Council.
Councilmember Christianson questioned if Commissioner Dolan would be willing to
discuss expansion of the HPC with the County Board. Council consensus was for
Commissioner Dolan to bring to the County Board of Commissioners and report back
to Council.
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Councilmember Westgaard explained all commissions move at different paces and it may
be help to clarify the expectations and amount of deliverables the Council expects from
the HPC.
Members of the HPC expressed interest in possibly changing the frequency of their
meetings. Mr. Portner suggested removing language regarding HPC membership and
procedural rules from ordinance and creating bylaws to clarify the number of meetings,
membership makeup, and officers.
Library Board
Councilmember Christianson indicated he is not in favor of getting rid of any boards or
commissions unless the issue is brought forward by that board or commission.
Mayor Dietz indicated the goal is to make sure the commission is a good use of
commissioner's time.
Library Board Member Mary Keifenheim explained it has recently be =_'"'' e clear the
Library Board may have been focusing on issues already being handle y staff. She
indicated the board has potential and wants the best possible library for all users. She
suggested the board could represent the city to the library and the library to the city.
Library Board Member Carole Boelter feels the board is a good use of her time. She
believes it is important to have citizen input on the board and believes the current board
is a dedicated group. Or '"W
Mayor Dietz noted the Great River Reglonal Library Board handles the programming
and circulation. He noted communication between library staff and the city has been an
issue and he would like if Great River Regional Library would allow library staff to
interact more with city staff.
Councilmember Christianson suggested shifting some of the focus of the Library Board
to being a conduit between the library and city staff. He suggested discussing
communication at the next Library Board meeting.
Commissioner Keifenheim believes the Library Board could be more effective doing
outreach and making the Library more visible as a community asset. She stated they
would like to talk to other library boards and present it to the Council.
Mayor Dietz suggested the Library Board present the information to Councilmember
Christianson and he can report to the Council.
Mayor Dietz appreciates the dedicated members of the Library Board. He suggested the
Board revise their mission statement to be presented to the Council. Mr. Portner
indicated changes to meeting times, frequency, etc. can be made via the Library Board
bylaws.
Library Board Member Rita Dreissig appreciated the Council feedback noting she
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believes the Council has given the Board plenty to work on.
Ice Arena
Councilmember Westgaard stated the Ice Arena Commission hasn't had any quorum or
meeting issues. He explained he believes a broader commission may be needed to cover
the needs of the new Multi -Purpose facility.
The Council discussed the current duties of the Ice Arena Commission.
Mayor Dietz indicated if the Ice Arena Commission remains in existence it will have to
change to accommodate the turf, seniors, meeting rooms. Councilmember Westgaard
concurred.
Discussion took place about possibly having the Parks and Recreation Commission take
on overseeing the multi -purpose facility. In the end, the Council agreed the Parks and
Recreation Commission has enough to work on and the commission overseeing the
multi -purpose facility should include members from the various user groups.
Discussion took place on how to go about forming a new commission. Mr. Portner
indicated he will have staff put together some options for Council discussion in January
or February.
Councilmember Ovall indicated he would like staff input on what they would like to get
from the various commissions.
10. Adjournment --
There being no further business, Mayor Dietz adjourned the meeting of the Elk River
City Council at 9:49 p.m.
Minutes prep ed,l _, _essica Miller.
John J.
Tina Allard, City
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City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, January 6, 2020
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate
Ovall, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Police Chief Ron Nierenhausen, 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
2.
3.
4.
was called to order at 6:30 p.m. by Mayor Dietz.
Pledge of Allegiance
Pledge of Allegiance was
Consider Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to approve the agenda. Motion carried 5-0.
Consent Agend
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve: � % "N
4.1 Check register, check numbers 112989 - 113180 as outlined in the staff
report.
4.2 Resolution 20-01 appointing election judges for the 2020 elections.
4.3 Resolution 20-02 designating depositories of city funds and delegating
authority for electronic funds transfers.
4.4 Designate the Star News as the city's official newspaper for legal
notices.
4.5 Appoint Mayor John Dietz and Finance Director Lori Ziemer to the
Fire Relief Association Board with term expirations of December 31,
2020.
4.6 Designate the City of Elk River website, elkrivermn.gov as the location
where transportation project bids will be advertised.
4.7 Resolution 20-03 approving Notice of Summary Publication of
Ordinance 19-25 an ordinance repealing and replacing Chapter 10,
relating to animals of the City of Elk River, Minnesota, City Code.
City Council Minutes Page 2
January 6, 2020
4.8 Purchase two 2020 Mack tandem axel plow trucks with Towmaster
equipment as outlined in the staff report.
4.9 Appoint Michelle Hegarty and Mary Keifenheim to the Library Board
with terms expiring December 31, 2022.
4.10 Resolution 20-04 acknowledging contributions from the Zimmerman
Fire Department Relief Association to the Fire and Parks and
Recreation Departments.
4.11 Resolution 20-05 acknowledging contributions from Walmart
Community Grants to the Fire Department.
Motion carried 5-0.
S. Open Forum
6.1
No one appeared for Open Forum. A*V
Proclaim January as National Human Trafficking Awareness and
Prevention Month and January as Human Trafficking Awareness Day
Mr. Portner presented the staff report.
Mayor Dietz read the proclamatio
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to proclaim January as National Human Trafficking Awareness
and Prevention Month and January 11, 2020, as Human Trafficking
Awareness Day. Motion carried 5-0.
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6.2 Oath of Office: Police Officer.
Chief Nierenhausen presented the staff report.
Mayor Dietz administered the oath to Officer Jeanette Nelson.
7. Public Hearing
if
There were no public hearings.
8.1 Appoint Acting Mayor
Ms. Allard presented the staff report.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to appoint Councilmember Wagner as acting mayor for 2020. Motion carried
5-0.
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January 6, 2020
8.2 Woodland Trails Regional Park Nature Play and Shelter
Mr. Hecker presented the staff report.
WSB Senior Landscape Architect Candace Amberg provided an overview of the
project design and bid documents as shown in her presentation.
Councilmember Wagner highlighted the collaborations and savings the grant
committee accomplished noting she appreciates these partnership efforts. She
suggested the Heritage Preservation Commission source the hand pump that is part
of this project.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the final designs for the Woodland Trails Regional Park
Nature Play and Shelter. Motion carried 5-0.
8.3 Heritage Preservation Commission Ordinance Amending Meetings
Mr. Portner presented the staff report.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to adopt Ordinance 20-01 amending Chapter 2, Division 2, relating to
Heritage Preservation Commission, of the City of Elk River, Minnesota, City
Code. Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Portner presented the staff report.
9. Council Liaison U W
s
Council provided updates of the various advisory boards as noted in the respective
_ board minutes.
ouncilmember Wagner noted the city received grant funds to repair the Jackson
Street water tower.
10. 1 Activity Center Property Disposition
Mr. Portner presented the staff report. He noted the school district's interest in the
property as a parking lot, but zoning would require an accessory use to the lot.
Councilmember Ovall suggested obtaining some broker opinions because they
would give as accurate of a value as an appraiser.
Councilmember Christianson and Westgaard concurred.
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January 6, 2020
John J
Page 4
Councilmember Westgaard further stated he'd like to leave the zone change to the
decision of any potential buyers. He also stated collaboration with the school district
would be good too if they have interest in the property.
Councilmember Ovall expressed safety concerns with pedestrians crossing the busier
collector street to the school facility. He further stated a parking lot is not the highest
and best use of the property. He questioned Council if they were okay with keeping
the land off the tax rolls or wanted to explore the open market.
Councilmember Westgaard felt the property would make sense for a parking lot as it
is on a collector street versus in a residential neighborhood. He stated he would be
okay with exploring the market if the school has no interest.
Council concurred it would be ideal to put the property on the tax rolls.
Council concurred to market the property and to inform the school district that the
property will be up for sale. They also requested broker opinion as to value.
Adjournment
There being no further business,
River City Council at 7:27 p.m.
the meeting of the Elk
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