06-06-2022 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, June 6, 2022
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck (via
Zoom), Fire Chief Mark Dickinson, Building Official Mark Pistulka,
Plumbing and Mechanical Inspector Joel Boutin, Building
Maintenance Supervisor Gary Lore, Senior Planner Chris Leeseberg,
Custodian Bill Creger, Finance Director Lori Ziemer, Assistant
Finance Director Lori Stich, Multipurpose Facility Superintendent
Tim Dalton, Community Development Director Zack Carlton, 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 6:37 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Mayor Dietz asked that Item 4.13 be moved after Item 6.4 on the agenda and added
Item 4.15 Final Plat and Development Agreement Update: Broadway on 10 to the
consent agenda.
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to approve the agenda, as amended. Motion carried 5-0.
4. Consent Agenda
Mr. Portner clarified that Item 4.12 on the agenda included a watershed study
contracted through Bolton and Menk to examine local flooding. Results of the study
would be shared at a future meeting.
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to approve:
4.1 Minutes
'j 0 May 2, 2022, Regular
City Council Minutes
June 6, 2022
Page 2
■ May 2, 2022, Closed Appraisal Data
■ May 2, 2022, Closed Offers
■ May 16, 2022
4.2 Check register as outlined in the staff report.
4.3 Ordinance Amendment: Assign New Street Address for PID #75-503-
0490.
4.4 Temporary On -Sale Liquor License: American Legion Post 112.
4.5 2022 Mineral Excavation License Renewals.
4.6 On -Sale 3.2 and Consumption and Display Licenses: Pinewood Golf
Club.
4.7 2022-2023 Liquor License Renewals.
4.8 Resolution Authorizing Transfer from Liquor Fund to Park
Improvement Fund.
4.9 Planned Unit Development: Evergreen Townhomes PUD.
4.10 Final Plat & Development Agreement: Miske Meadows Eighth
Addition.
4.11 Accept Proposal for the Construction of 13 Lights along the Highway
10 Trail.
4.12 Morton Avenue Professional Service Agreement.
4.13 Move on agenda following Item 6.4.
4.14 Hire Part-time Community Service Officer.
4.15 Final Plat and Development Agreement Update: Broadway on 10.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Introduction of New Employees
Mr. Lore introduced Bill Creger, Custodian.
Mr. Carlton introduced Mark Pistulka in his new role as Building Official.
Mr. Pistulka introduced Joel Boutin, Plumbing and Mechanical Inspector.
Council welcomed the new employees.
6.3 Recognize Terry Elliot for 30 Years of Service
Fire Chief Dickinson commended Terry Elliot for his 30 years of service to the fire
department.
Mayor Dietz presented a plaque.
6.2 Proclamation: Owen DeCathelineau Day
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June 6, 2022
Fire Chief Dickinson thanked Owen DeCathelineau for his service to the fire
department.
Mayor Dietz presented a plaque.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to approve a proclamation designating June 17, 2022, as Owen
DeCathelineau Day. Motion carried 5-0.
6.4 Annual Comprehensive Financial Report for the Year Ended
December 31, 2021
Ms. Ziemer introduced Andy Grice, audit partner with BerganKDV, who gave
the city a "clean or unmodified opinion" on the 2021 audit.
Mayor Dietz asked about the $11 million in expenses listed under culture and
recreation.
Ms. Ziemer clarified that amount was part of the Active Elk River projects
conducted in 2021.
Mayor Dietz asked about city investments.
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Ms. Ziemer responded the investment amount shown includes ERMU. Investments
are in municipal bonds purchased from other municipalities throughout the country.
Any money that the city is not using is being invested at an average of 2.5%.
Mayor Dietz asked about the budget for pavement projects as there are none
planned for 2022.
Mr. Portner explained, in the late 1990s and early 2000s, the city put down a lot of
pavement that will all be coming up for renewal around the same tune. Therefore,
the money budgeted will help for the larger amount of improvements needed in the
future.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to accept the Annual Comprehensive Financial Report for the
City of Elk River for the year ended December 31, 2021. Motion carried 5-0.
4.13 Furniture and Things Community Event Center Branding
Mayor Dietz stated he disagreed with the Branding Task Force of the Multipurpose
Facility Advisory Commission selections on branding elements. He felt that all
hockey items, except for those related to Hockey Day MN, should be contained
within the rinks and not be in any other part of the Furniture and Things
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Community Event Center in order to represent that the facility was for more than
just hockey.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to approve select elements of the Facility Ice User Group's
Branding Proposal for the Furniture and Things Community Event Center, as
approved by the Branding Task Force and the Multipurpose Facility Advisory
Commission. Motion carried 4-1. Mayor Dietz opposed.
7. Public Hearings
There were no public hearings.
8.1 Easement Vacation: Right -of -Way on Lake Orono between Properties
at 18890 and 18920 Concord Street
Mr. Leeseberg presented the staff report. If the council wishes to reconsider the
applicants request, a Public Hearing would be held at the August 15, 2022 council
meeting.
Council was in support of hearing the applicants request and agreed to a public
hearing.
Moved by Councilmember Christianson and seconded by Councilmember
Beyer to direct staff to publish notice of a second public hearing at the August
15, 2022 City Council meeting. Motion carried 5-0.
8.2 Discuss Work Session Items
There were no additions or changes to work session items.
9. Council Liaison Updates
Council provided updates of the various advisory boards as noted in the respective
board minutes.
Councilmember Beyer stated that the Planning Commission had received
information on a condo concept review at 13211, 13241, 13161 US Highway 10 and
he would like to have a council work session regarding it.
Council recessed at 7:38 p.m. and reconvened in work session at 7:43 p.m.
10.1 ERX Motor Park Operations
Mr. Leeseberg presented the staff report. The request at the May 16, 2022 council
meeting included extended hours, constructing two roofed viewing structures, and
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June 6, 2022
installing a changeable copy sign. At the May meeting, council requested ERX
conduct a sound study.
Heidi Goodin, representing ERX, was present at the meeting. She asked the
council for clarification on standards for a sound study including locations the study
should be conducted, volume, and penalties for violating the noise requirements.
Council discussed options for reducing noise including setting standards for noise
mitigation based on expansion, noise barriers, or reduced hours.
Councilmember Westgaard stated that it seems that all noise in that area gets
attributed to ERX even if it is conducted on a nearby property.
Ms. Goodin stated that ERX is in a financial crisis and needs the additional revenue
that the new viewing structure would have provided. She stated there is a chance
they would have to sell the site as they are not making the revenue they need. She
stated that conducting a noise study would be cost prohibitive but that she did not
want to pull the Conditional Use Permit application because conditions may change
in the future.
Council asked if there were certain events that caused more noise and noise
complaints than others.
4 Ms. Goodin stated there are five event days each year that generate the majority of
noise complaints. She agreed that ERX wants to work with the neighbors to find a
solution. One plan is to increase the amount of notifications to neighbors of
upcoming events.
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Council asked about including neighbors in discussions with ERX.
Council asked if staff could research what other racetracks in Minnesota have for
noise standards in order to determine noise standards for racetracks located in Elk
River. The city currently has a noise ordinance in place for industrial areas. Council
felt it would be better to hire a professional to conduct a noise study rather than do it
in house.
Mr. Carlton stated that the current CUP application would expire within 120 days
and the applicant would need to extend the deadline in writing. Discussion on noise
standards could be brought to a future work session.
1,000 foot setback
Ms. Goodin brought up a request to change the requirements for a 1,000 foot
setback from ATV trails as required in Section 74-157 of the city code. This
ordinance requirement applies to all tracks.
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City Council Minutes
June 6, 2022
Page 6
Council discussed the impact on ERX and neighboring properties. Conditional Use
Permits are in place to protect neighboring properties.
11. Performance Evaluation
The council met in closed session pursuant to MN Statute 13D.05, Subdivision 3(a).
The purpose of the closed meeting was to discuss the work performance of City
Administrator Cal Portner.
12. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:02 p.m.
Minutes prepared by Katie Porath.
Tina Allard, City Clerk
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