05-15-2023 CCMCity of Meeting of the Elk River City Council
Elk Held at the Elk River City Hall
L 0 Monday, May 15, 2023
Members Present: Mayor John Dietz, Councilmembers Cory Grupa and Mike Beyer
Members Absent: Councilmembers Matt Westgaard and Jennifer Wagner
Staff Present: City Administrator Calvin Portner, Economic Development Director Brent O'Neil,
Engineer 1 Ryan Sandhoefner, Parks and Recreation Manager Michael Hecker, Fire Chief
Mark Dickinson, City Engineer Justin Femrite, Assistant Finance Director Joe Stremcha,
City Attorney Jared Shepherd, 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 6:09
p.m. by Mayor Dietz.
2. Pledge of Allegiance:
Pledge of Allegiance was recited.
3. Consider Agenda
Mayor Dietz added Item 8.3 regarding ARPA funds.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the agenda
as amended. Motion carried 3-0.
4. Consent Agenda
Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve:
4.1 May 1, 2023, Regular and May 8, 2023, Special Meeting Minutes.
4.2 Check Register as outlined in the staff report.
4.3 Pay Estimates as outlined in the staff report.
4.4 Designating June 15, 2023, as Volunteer Appreciation Day at the Farmer's Market.
4.5 Ordinance 23-08 assigning a new street address for the property PID# 75-002-4320.
4.6 Cancel July 3, 2023, Regular Council Meeting.
4.7 Elect not to waive the statutory tort limits for liability insurance.
4.8 Agreement 23-09 between the Elk River Fire Foundation and Elk River Farmers Market.
4.9 Agreement 23-10 and acceptance of bid in the amount of $110,919.00 from Structural
Buildings of Minnesota, Inc. with a 10% contingency for the construction of a pole barn at
Woodland Trails Regional Park.
4.10 Hire Bailey Meyer as police officer effective May 17, 2023, as outlined in the staff report.
Motion carried 3-0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month — Mayor Dietz
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Mayor Dietz presented the May Volunteer of the Month award to Missy Wilson. He highlighted the
following:
* Involved with Night to Unite, Earth Day cleanup, and neighborhood boot hockey tournament.
■ Started the Elk River Fire Auxiliary in 2020, which has now become the Elk River Fire Foundation.
■ Organized Thanksgiving community meal.
" Worked on Fill -a -Fire Truck to gather toys for needy children at Christmas.
■ Registration Committee member for Thumbs -Up 5K.
■ Donated stem cells to a recipient in need.
6.2 Proclamation: Firefighter Retirement
Chief Dickinson highlighted Mr. Hildebrandt's career with the Elk River Fire Department.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to proclaim September
7, 2023, as Jim Hildebrandt Day. Motion carried 3-0.
Mayor Dietz read and presented the proclamation to Mr. Hildebrandt and the Council thanked him for his
service.
7.1 Ordinance Amendment: Allow Motor Vehicle Sales in the 1-3 Zoning District, Rock Solid
Companies, Ron Touchette
Mr. Leeseberg presented the staff report.
Attorney Shepherd noted a 3-0 vote would be needed on any of the ordinances being considered tonight.
Mayor Dietz opened the public hearing. There being no one to speak to the issue, Mayor Dietz closed the
public hearing.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to adopt Ordinance 23-
09 amending Chapter 30-1294, I-3 General Industrial District, of the City of Elk River, Minnesota,
City Code. Motion carried 3-0.
7.2 Vinje Investments, LLC: PID's 75-01 1-240 I, 75-01 1-2120, 75-01 1-3203, 75-01 1-3235
a) Land Use Amendment: Business Park to Highway Commercial
b) Zone Change: Focus Area Study to Planned Unit Development
c) Conditional Use Permit: Planned Unit Development
d) Preliminary Plat: Vinje Commercial Addition
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to the issue, Mayor Dietz continued
the public hearing.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to continue the hearing
to Tuesday, June 20, 2023. Motion carried 3-0.
7.3 Abatement Request: Harvest Reaper (Beaudry Oil)
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Mr. O'Neil presented the staff report. He provided a project summary regarding the financial assistance,
qualifications, and agreement terms.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the
public hearing.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to adopt Resolution 23-
15 granting a property tax abatement for certain property in the city and approving Tax Abatement
Agreement 23-11 with Harvest Reaper, LLC. Motion carried 3-0.
7.4 Ordinance Amendment: Downtown Overnight On -Street Parking
Mr. O'Neil presented the staff report. He noted representatives of Granite Shores understood the need for
cooperation and being a good neighbor but are unsure an overnight parking ban is a good option and were
willing to work on an alternative solution.
Mayor Dietz opened the public hearing.
Deana McLean, owner of Salon on Main (705 Main Street) and member of the Downtown Elk River
Business Association (DERBA) — Stated she and DERBA would ask for the same rules and would also like
no parking near their businesses during overnight hours.
Mayor Dietz closed the public hearing.
Mayor Dietz stated the parking spaces are meant for retail customers and residents can park in the upper
and lower parking lots. It is safe to walk downtown, and this would further assist the public works
department with snowplow operations in winter.
Councilmember Grupa stated the city should add no parking on the east side of Jackson Avenue.
Moved by Mayor Dietz and seconded by Councilmember Beyer to adopt Ordinance 23-10
regarding stopping, standing, and parking with an amendment to clarify that no vehicle shall be
parked between 2:00 a.m. and 6:00 a.m. on Main Street between Parrish Avenue and 717 Main
Street (south side) and 708 Main Street (north side), and on the western side of Jackson Avenue
between Highway 10 and Main Street and that no vehicle shall be parked on the eastern side of
Jackson Avenue at any time. Motion carried 3-0.
7.5 Ordinance Amendment: Delay Penalty for Right -of -Way Excavation, Obstruction,
Patching, or Restoration
Mr. Sandhoefner 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 Grupa and seconded by Councilmember Beyer to adopt Ordinance 23-
11 amending Chapter 66-62, Streets, Sidewalks, and Other Public Places — Right -of -Way Delay
Penalty. Motion carried 3-0.
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May 15, 2023
8.1 Updated Park Improvement and Park Dedication Funds
Mr. Stremcha presented the staff report.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the
following:
1. Lions John Weicht Park Playground
■ PIF was reduced from $200,000 to $100,000 (cost to replace the current playground)
■ PDF was increased from $0 to $309,000 (new market value improvements)
2. WTRP Storage Garage
■ PIF was reduced from $150,000 to $17,600 (the current 2023 tax assessment amount)
■ PDF was increased from $0 to $132,400 (new market value improvements)
3. Misc. PIF items added to 2023
Security cameras and cabling at Orono Park ($6,500)
Relocate electric utilities and install Sonotube Concrete Forms for the YAC shade structure
($17,800)
4. Misc. PDF future projects
■ The Ninja Playground was removed from the proposed project list ($280,000)
it County Crossings playground postposed from 2024 to 2025 ($125,000)
Motion carried 3-0.
8.2 Playground for Lion John Weicht Park
Mr. Stremcha presented the staff report.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Agreement
23-12 for the purchase and installation of a replacement playground at Lion John Weicht Park as
outlined in the staff report. Motion carried 3-0.
8.3 ARPA Funds (American Rescue Plan Act)
Mayor Dietz expressed concerns about designating the ARPRA funds in case the federal government
decides to take them back. He suggested a special meeting for further discussion.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to can a special meeting
for 6:00 p.m., Monday, May 22, 2023. Motion carried 3-0
9. Adjourn Regular Meeting
Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the regular
meeting of City Council. Motion carried 3-0.
The Council recessed at 6:55 p.m. and reconvened in work session at 6:55 p.m.
10.1 Downtown Beautification (Planters)
Deana McLean provided material and stated they would install potted plantings for year-round use. She
stated the businesses would change out the flowers and take care of watering as needed throughout the
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seasons. She requested the city purchase three pots and outlined the areas they'd like to have them located.
She stated it shouldn't affect shoveling operations.
The Council consensus was to move forward with the purchase of three planter pots.
10.2 Sandbag Policy
Mayor Dietz would like to consider a policy to allow a sandbag program when there are flooding concerns.
Mr. Femrite discussed some past issues, such as bag usage, storage of sand and bags, metrics established for
who is affected and whether the bags are really needed/used for their intended purpose, and staff roles in
making determinations.
Chief Dickinson outlined issues with providing sandbags as noted in the handout provided and further
questioned how the program would be regulated, the liability issues, and how the program would be
monitored. He further commented that other supplies, besides bags and sand, would be needed by property
owners, such as tarps and lumber.
The Council questioned if it could be an administrative nightmare to implement and how costs would look
for such a program. Consensus was to review a program with the full Council.
12. Adjournment
Moved by Councihnember Grupa and seconded by Councihnember Beyer to adjourn the meeting
of the City Council. Motion carried 3-0.
meeting adjourned at 7:13 p.m.
Mayor
Tina Allard, City Clerk
p 0 1 E 0 E I I Y
NA 1 URE