07-05-2022 CCMMembers Present:
Members Absent:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, July 5, 2022
Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
None
Staff Present: City Administrator Calvin Portner, Parks and Recreation Director
Michael Hecker, Senior Planner Chris Leeseberg, Finance Director
Lori Ziemer, Human Resources Representative Lauren Wipper,
Assistant Facility Supervisor for Furniture and Things Community
Event Center Billy Hunter, 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 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Item 8.1 was removed, and Item 4.7 was added to the agenda.
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve the agenda as amended. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Beyer and seconded by Councilmember
Westgaard to approve:
4.1 Check register as outlined in the staff report.
4.2 Agreement 22-21 for civil legal services with Campbell Knutson P. A.
4.3 Purchase of CivicRec software and hardware as outlined in the staff
report.
4.4 Hire Joseph Reak as part-time community service officer effective July
11, 2022.
4.5 Temporary On -Sale Liquor License to Fraternal Order of Eagles #3264
for August 13, 2022, with the condition alcohol must be confined to an
area enclosed by a fence with a secured, controlled access. Wrist band
control is required for patrons 21 and over.
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4.6 Change order for Youth Athletic Complex as outlined in the staff
report.
4.7 Extend the deadline to record the final plat of Island View Seventh
Addition to August 20, 2022.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Designate July 5, 2022, as Elk River -St. Michael -Albertville Boys'
Volleyball Day
Rick Michalek — Provided season highlights and noted how hard the guys worked
to win the state championship.
Council congratulated the team and Mayor Dietz read and presented a proclamation.
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to approve a proclamation designating July 5, 2022, as Elk River -
St. Michael -Albertville Boys' Volleyball Day. Motion carried 5-0.
6.2 The Bank of Elk River Recognition for Riverfront Concerts
Mr. Hecker updated Council on The Bank of Elk River's support for city programs.
Mayor Dietz read the resolution and thanked the bank for their partnership.
Moved by Councilmember Beyer and seconded by Councilmember
Westgaard to adopt Resolution 22-36 acknowledging contributions from The
Bank of Elk River. Motion carried 5-0.
Chief Operating Officer Bill LaVigne thanked the Council and staff for their
support.
7.1 Conditional Use Permit: Expand a Track, Construct Roof Viewing
Area, and Install Changeable Copy Sign, ERX Motor Park, 21591
Highway 169
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Councilmember Wagner stated a sound study wouldn't provide the data needed for
this situation. She stated she has no issues with the conditional use permit as written.
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Councilmember Beyer concurred noting the request is to erect a building. He stated
he would like to see community growth and ERX brings people to the city.
Councilmember Westgaard stated he has no issue with the permit request for
building modifications and signage if the extended hours (due to noise complaints)
and the Brook Road access have been removed. He stated in the future he would like
to more information about MPCA guidelines, operating within decibel guidelines,
and options for sound mitigation, such as sound walls and natural vegetation
berming.
Councilmember Christianson concurred and asked ERX to keep the lines of
communication open.
Mayor Dietz stated ERX is a great operation but the request should be denied
because Council told the people who came to speak at a previous public hearing that
a sound study would be completed, and the noise issues addressed.
Councilmember Wagner felt Council did the right thing by continuing this item to
complete more research. She noted many complaints were about the Brook Road
access, which has been removed. She further commented all the noise complaints
were blamed on ERX, which may not be entirely true.
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve Conditional Use Permit, Case No., CU 22-09 with the following
conditions:
1. No more than five Special Event Recreational Camping events per year may
occur on the properties that are regulated by this Conditional Use Permit.
2. The hours of operation shall be:
a. Sunday through Wednesday 7:00 a.m. — 9:00 p.m.
b. Thursday 7:00 a.m. —10:00 p.m.
c. Friday and Saturday 7:00 a.m. —11:00 p.m.
d. Five (5) three (3) day events per year, by special event permit, will be
granted for extended hours to midnight.
3. Motorized events are prohibited within 1,000 feet of any residence, livestock
shelter, and/or arena, regardless of when they were erected.
4. All motorized and non -motorized trails must be set back 50 feet from the
north, east, and south property lines, and 45 feet from all delineated
wetlands.
5. Staff will continually work with the applicant on the location of future trials
to ensure they are not impacting wetlands and/or required buffers.
6. Existing structures used for any type of gathering, assembly, spectators,
viewing, and/or customers shall be reviewed by the building official for
compliance with all state and local building codes.
7. Camping areas shall be as identified on the site plan dated May 16, 2022,
and shall not be closer than 50 feet to any property line.
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8. An amendment to this Conditional Use Permit will be required for future
expansions/additions not shown on the site plan dated May 16, 2022.
9. A wetland delineation shall be completed and approved by the state. The
updated boundary must be included on the final plat of Aggregate
Commercial 6`' Addition.
10. Staff approval of the Safety and Crisis Communication Plan.
a. This plan shall be reviewed annually by all parties prior to May 1.
11. Staff approval of an on -site traffic/distribution plan that demonstrates:
a. Logical on -site distribution of participants, spectators, and public
safety.
b. Adequate on -site stacking for admission and egress.
c. Adequate off -site stacking for access and egress without
impacting U.S. Highway 169.
12. The Aggregate Commercial 6th Addition plat (Case File PE 22-01) shall
be recorded.
13. Noise generated on the property via the Conditional Use Permit shall
comply with those outlined in the MPCA Guide to Noise Control.
14. The changeable copy sign shall not exceed 70 square feet and must
comply with the standards set forth in Sec. 30-864 (e). A sign permit is
required.
15. A Minnesota Department of Natural Resources (DNR) Appropriation
Permit shall be required for any water use that is above 10,000 gallons a
day or totaling 1 million gallons or more within a year. This includes
snow -making applications and spraying for dust control and other
construction needs.
16. Conditional Use Permit (CU 18-10) will become void upon the recording
of this permit.
Motion carried 4-1. Mayor Dietz opposed.
7.2 Plat: The Crossroads Third Addition, Franklin Outdoor Advertising
Mr. Carlton presented the staff report.
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
Christianson to adopt Resolution 22-37 granting final plat approval for
Franklin Properties Addition, Case No. P 22-05. Motion carried 5-0.
8.1 Fire Relief Association 2023 Benefit Level
This item was removed from the agenda.
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8.2 Call Special Meeting Dates
Ms. Allard presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to call the following special meetings:
■ 4:30 p.m., July 25, 2022 (budget)
■ 4:30 p.m., August 8, 2022 (budget)
■ 4:30 p.m., August 29, 2022 (budget)
■ 8:00 a.m., August 12, 2022 (canvass election)
■ 5:00 p.m., November 14, 2022 (canvass election)
Motion carried 5-0.
8.3 Discuss Work Session Items
Mr. Portner presented the staff report.
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Councilmember Westgaard would like clarity regarding the Minnesota Pollution
Control Agency standards as it relates to ERX's conditional use permit and racetrack
noise standards noting it would be helpful to explain to neighbors and ensure
compliance.
9. Council Liaison Updates
Councilmembers provided updates as outlined in the respective advisory boards'
minutes
Council recessed at 7:26 p.m. and reconvened to work session at 7:30 p.m.
10.1 Furniture and Things Community Event Center Rental Programming
and Revenue
Mayor Dietz stated rental rates are too high and asked for a review of current rental
data as he is not seeing much use. He questioned if a market analysis was completed.
He asked about marketing. He further asked where the city is financially with the
building overall.
Mr. Portner discussed the current vacancy with the Senior Communications
Coordinator position with the goal of this person creating strategic marketing
campaigns. He discussed where communications staff is at currently with drafting
marketing materials.
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Mr. Portner stated at this time of year it is not unusual for expenditures to be more
than revenue until the fall hockey season begins. He stated there was a loss of
$252,000 in 2021.
Mr. Hunter stated the biggest challenge is exposure to the facility noting when there
are large events, people are surprised to see the other amenities available. He noted
the current work of the communications team toward creating marketing materials
that can be utilized.
Mayor Dietz asked if we are losing people due to rental pricing.
Mr. Hunter stated they are currently tracking this data.
Mayor Dietz stated his football hall of fame group can't afford the costs for the
caterer and room rental and questioned how our prices compared with similar
facilities.
Councilmember Wagner stated it's all about the person on the end of the phone
selling the features and benefits. She stated if you have a premier facility with premier
food and a premier location, then the facility will have a premier price. She stated
there is a way to work things to make sales happen and it takes a special person to
design, run, and coordinate events. She stated this is where her concern lies and
doesn't feel current staff has this experience.
Mayor Dietz expressed concern with continuing to lose money and being
accountable to the public.
Council discussed evaluating current staff positions.
Councilmember Beyer stated the VFW held a tournament at the facility and initially
had sticker shock but afterwards they loved it and felt it was worth every penny.
Councilmember Wagner asked why Marco Serrano is not being utilized as he knows
how to sell and close events. She suggested an event extravaganza to highlight our
amenities to groups such as event planners. She asked about large events and noted
we should be planning and setting dates for 2023 already.
Mr. Hunter stated four groups have approached them wanting to operate their own
craft shows and have dates selected for the next year.
Councilmember Wagner expressed concern for loss of control and our insurance
liability if someone else is running events and doing all the setup work. She stated
this is our premier facility and she would never give up control to others who have
no ownership in the place. She stated we should always oversee setup and expressed
concern with loss revenue with farming out these larger events.
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Mayor Dietz stated he heard youth hockey is against the junior team coming in and
using the facility.
Councilmember Westgaard stated yes expressing concerns with the scheduling of ice
use.
Mayor Dietz stated he'd like more frequent updates of the facility.
Councilmember Wagner stated she would like to designate an event coordinator. She
suggested contracting out with an event company or giving Marco Serrano the ability
to facilitate and execute rentals.
Mayor Dietz suggested re-evaluating positions.
Councilmember Westgaard agreed with reviewing the organizational structure and
position assignments.
Mr. Portner stated the facility commission sets goals and budget and makes
recommendations regarding staffing.
Chair Williams stated he is not sure they are setting staff up to succeed.
Councilmember Wagner asked about the current process for scheduling room rentals
and events.
Mr. Hunter stated the customer service representative acts as a liaison between the
facility and the caterer. They will take the calls and collect the information needed.
Once the phone call is complete the representative contacts the caterer who then
calls the person back.
Councilmember Wagner suggested the cater close the room rental deals.
Mayor Dietz suggested Councilmember Wagner and the city administrator
collaborate with the caterer on managing the room rental process.
It was noted this would be only for the meeting rooms located upstairs.
10.2 Citizen of the Year
Mayor Dietz discussed a new program for nomination of a Citizen of the Year who
could be recognized at Elk Riverfest. He stated the only cost would be for a plaque.
Council consensus to explore the program further.
Mayor Dietz stated he will develop a plan to present to Council at a future meeting.
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10.3 Compensation Plan
Ms. Wipper reviewed three pay plan options with Council. She also outlined the
positions that should move pay grades based on the current market.
Council would like to know the total impact of each option in relation to the 2023
budget.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:41 p.m.
Tina Allard, City Clerk
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