4.1. DRAFT MINUTES (1 SET) 03-16-2020
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, March 2, 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, Police Captain Bob Kluntz, Detective
Eric Balabon, Planning Manager Zack Carlton, Environmental Coordinator
Amanda Erickson, Stormwater Coordinator Brandon Wisner, Parks and
Recreation Manager Michael Hecker, and Recording Secretary Jennifer
Green
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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve the agenda as presented.
Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Ovall to
approve:
4.1 Minutes:
February 3, 2020, Regular
February 12, 2020, Special
February 18, 2020, Regular
February 18, 2020, Special
4.2 Check register, check numbers 113703-113838 as outlined in the staff report.
4.3 Resolution 20-15 acknowledging donation awarded to the Elk River Police
Department by Great River Energy in the amount of $2,500.
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4.4 Development Agreement for Miske Meadows 6 Addition as outlined in the
staff report.
4.5 Front Burner Naming Rights Professional Services Agreement as outlined in
the staff report.
4.6 Owner Cost Contracts for the Multipurpose Facility and Lion John Weicht
Park Improvement Projects for Pro-Tec Design for keyless card door access
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in the amount of $24,446.02 and Electronic Design Company for a full range
audio system in the amount of $93,552.79 as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
Dan Abrahamson, 17936 Tyler Dr. NW, stated he moved to Elk River six months ago
specifically to use the Hillside Bike Trail and stated his son-in-law, who has been riding those
trails for years, is now teaching him and his grandkids. He thanked the city and Minnesota
Off-Road Cyclists (MORC) for their work on the six-mile trail. He requested the City
Council be fiscally responsible when deciding the Hillside entrance, asking that they don’t
shorten the trail, or move the entrance onto Tyler Drive as it will cause a further safety
concerns with traffic through his neighborhood.
There being no one else to speak, Mayor Dietz closed Open Forum.
6.1 Recognize Promotion of Detective Eric Balabon to Juvenile Detective
Sergeant
Captain Bob Kluntz presented the staff report and introduced Eric Balabon. Mayor Dietz
administered the oath of office.
7.1. Conditional Use Permit: ISD 728 Parking Lot Improvements, Elk River High
School
Mr. Carlton presented the staff report. He indicated the Planning Commission, who met
earlier that evening, recommended the Council approve with conditions outlined.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed
the public hearing.
Mayor Dietz asked for clarification on the number of additional parking stalls.
Mr. Carlton clarified there are 51 additional stalls being added and 75 total parking stalls
allocated for the multipurpose facility.
Mayor Dietz stated he was pleased with the results of the meeting with Central Lutheran
Church the week prior for these improvements.
Councilmember Westgaard stated these improvements are a long time coming and he felt it
was good to see the expansion of the parking lot that addresses safety and queuing issues as
well as adding high school and incorporating multipurpose facility parking spaces. He stated
he also felt comfortable if staff was comfortable.
Councilmember Wagner asked for clarification on where the senior center parking spaces
were located and where pedestrians will enter the multipurpose facility.
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Mr. Carlton outlined the parking assignments and where pedestrian crossing will occur,
noting pedestrians will use a crossing located directly in front of the entrance to the building.
Councilmember Wagner asked about additional handicapped parking stalls.
Mr. Carlton pointed out the handicapped parking stalls and noted they could use any marked
stalls.
Councilmember Wagner asked about the student athletes crossing School Street to use fields
in Lions Park.
Mr. Carlton outlined a proposed signalized cross walk at the new signal location along with a
separate project where the city will add a push button control crossing on School Street,
noting this will be similar to one on Twin Lakes Road that use flashing beacons identifying
the pedestrian crossing.
Councilmember Christianson asked how staff will address future issues of inadequate
handicapped parking stalls.
Councilmember Ovall commented that after hearing it explained earlier that evening at the
Planning Commission meeting, he realized this layout is similar to drive lanes at Walmart or
Target and is more consistent with today’s design work of walking through an area to enter a
store front. He felt since more handicapped spots were added in closer proximity to the
front entrance of the multipurpose facility, this design was better and especially with a fire
lane added.
Mr. Carlton stated if handicapped parking becomes an issue in the future, he felt staff could
discuss a resolution with the school district to add additional parking spaces.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall to
approve the Conditional Use Permit for ISD 728 allowing improvements and
modifications to the Elk River High School and multipurpose center parking lot,
with the following conditions:
1. Staff approval of updated plans addressing comments outlined in the staff
comment letter dated January 15, 2020.
2. The CUP will not be recorded until impacted property owners agree to
required easement or right-of-way transactions.
Motion carried 5-0.
8.1 Naming Rights Committee Appointments
Mr. Portner presented the staff report.
Moved by Councilmember Ovall and seconded by Councilmember Christianson to
appoint Mayor John J. Dietz and Councilmember Wagner to the Naming Rights
Committee.
Motion carried 5-0.
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8.2 LORE Update
Ms. Erickson outlined the upcoming open house scheduled for March 25, which will provide
an opportunity for residents to view the restoration plans, ask questions to staff and
consultants from WSB, and provide feedback on the revised plan set. She indicated
postcards will be mailed early next week to lakeshore property owners and a notice will be
published in the legal section of the Elk River Star News. Ms. Erickson noted WSB will have
very easy-to-read graphics for the open house participants to view, which will allow clear
discussions with open house attendees.
Ms. Erickson stated the DNR Commissioner said she is unable to give direct approval of the
drawn down. Staff will send an opt-out notice to lakeshore property owners with
information on contacting the city to notify if they don’t support the draw-down project. she
stated the opt-out notice, mailed approximately a week after the open house, will provide
clear direction on how to respond, whether by phone, email, or written letter, as well as a 30-
day deadline for responding. The DNR and city attorney will review the language of the
notice. After the 30-day deadline, staff will have a permit package ready to submit to the
DNR for the drawdown.
Councilmember Christianson asked about the possibility of not having enough funds to do
the entire project and the effect it would have on proceeding with the project, along with the
permitting process and bids, wondering if the city is held to a specific amount of
sedimentation.
Mr. Wisner stated they’ve had that discussion with WSB staff and noted the EAW specified
120,000 cubic yards of sedimentation. He said there has been interest in lakeshore
stakeholders to consider increasing the amount should bid prices come back low as in the
1998 drawdown. He indicated processes have changed since 1998 and suggested writing the
bid documents using different considerations, such as Option A as a base package and
Option B would include more volume of sedimentation removed in specific areas. He stated
they are taking a lot of comments and coming up with the best overall plan. He stated the
hope would be because of the EAW did identify both the upper and lower lake dredging,
they could use Options B too.
Ms. Erickson clarified that staff would work with the DNR to amend the permit should the
bids come back lower and therefore providing for a different amount of dredging. She stated
she doesn’t see the requirement to seek additional funding to dredge a certain amount of
material and felt by working closely with the DNR they could do less than they apply for
should that scenario occur.
Councilmember Christianson asked for a timeline if permits were submitted in May.
Mr. Wisner stated there is the potential to submit the permit prior to May and before the
open house but staff wants to answer stakeholder questions and take in their comments to
ensure project transparency. He stated the permit will come with conditions and the opt-
out/75% condition is one of them. He stated they’re fortunate to have had ongoing
meetings with the DNR area hydrologist for the past 3-4 years and because of those active
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conversations he is confident the DNR will be very familiar with the overall dredging
project.
Mayor Dietz asked what options would be submitted with the permit.
Mr. Wisner stated he hasn’t submitted a dredging permit to the state previously, but the
state’s permitting software should handle the permit request for the potential of two options.
He stated the goal was to capture as much of a project as they can when submitting the
permit to the DNR while working closely with WSB on carefully crafting the two options.
Mayor Dietz asked if the Option B would be determined in time for the open house.
Mr. Wisner stated surveying work for the lake has not been recently refined and they don’t
want to do hand surveying during the project due to time constraints, therefore surveying
work was being completed during this week via sonar and drone to determine exactly the
amount of material to consider be removed. He stated the 429 assessment process would
begin by WSB this week and the final TAP meeting would be in April following the open
house.
Mr. Wisner then discussed the feedback from the meeting with the OLID board last week
and discussions surrounding dredging equally versus a deeper dredge in specific areas and
how that meets the long-term maintenance objectives.
8.3 Resolution Supporting Infrastructure Accountability
Mr. Carlton presented the staff report.
Councilmember Christianson asked what the potential fee impact would be on new
development home prices, stating the developer wouldn’t pay that but pass the cost onto the
new home purchaser, and how this would impact deter growth.
Mr. Carlton indicated the impact fee is unknown at this time and wasn’t provided in their
fact sheet but fees are likely to be included in developer fees similar to other infrastructure
fees like SAC and WAC and park dedication fees, which could ultimately increase the price
of a home. He noted there would be a big range in what the fee would be and would be
difficult to tabulate on a broad basis as it would vary for each city.
Councilmember Christianson asked if the city’s resolution proves collection of these fees if
legislation passes.
Mr. Carlton stated his reading of this allows cities to create ordinances and allow cities to
evaluate what is the most appropriate and legally defensible fee would be in their
community.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to
approve Resolution 20-16 Supporting Infrastructure Accountability as presented in
the staff report.
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Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Portner presented the staff report.
Councilmember Wagner requested a follow-up discussion on 5K runs and events/activities
and routes and what routes and procedures the city wants to use.
9. Council Liaison Updates
Council provided updates of various advisory board activities as noted in the respective
boards’ minutes.
Council recessed at 7:20 p.m. to go into work session. The meeting reconvened at 7:35 p.m.
10.1 Activity Center Property
Mr. Portner presented the staff report. He distributed a handout outlining the survey results.
After discussion, City Council consensus was to put the Activity Center property on the
market as is. The council provided staff direction to market the property.
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10.2 Concept Review: Climate Controlled Storage, 11074 179 Avenue
Mr. Carlton presented the staff report. The applicant, Keith Burnham, explained his request
using submitted photos to show how the current Sportech/MaxSun building would be
modified to accommodate a climate-controlled storage facility for approximately 500
occupiable units. Mr. Burnham said he would proceed with purchase after hearing council
feedback but was concerned with the council not approving the project in the long run.
It was the consensus of the City Council to support the proposal as presented if rezoned as a
PUD to allow the use as a climate-controlled storage building.
10.3 Lion John Weicht Park Dedications
Mr. Portner presented the staff report.
The council discussed the facility naming process and it was the consensus of the council to
continue following that process but noting it would be fine to move a dugout plaque and
three seats to the new fields. The council also agreed to wait until park construction is
complete before finalizing any dedications. The council felt it would be appropriate to
engage in discussions with the Lion’s Club for possible plaque placement at the new fields
which would describe the club’s history and its namesake, Lion John Weicht. The council
also agreed to discuss the presence of the high school program and how that’s presented in
the new space and would need to have future discussions with school officials to work
through those details.
10.4 Set Annual Council/Staff Retreat Dates/Topics
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Mr. Portner presented the staff report. The council discussed a possible topic of a deep dive
into customer service versus compliance shaping perception. After further discussion, the
council agreed to a tentative date for the annual council/staff retreat on Thursday, April 23,
from noon to 6:00 p.m. in the EOC.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:20 p.m.
Minutes prepared by Jennifer Green.
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John J. Dietz, Mayor
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Tina Allard, City Clerk