4.1. DRAFT MINUTES 06-03-2013 MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM)
MONDAY, MAY 13, 2013
Members Present: Mayor Dietz, Councilmembers Burandt,Motin,Westgaard, and
Wilson
Members Absent: None
Staff Present: City Administrator Cal Portner,Finance Director Tim Simon,Parks and
Recreation Director Michael Hecker, City Clerk Tina Allard, Community
Operations and Development Deputy Director Jeremy Barnhart, Chief of
Police Bradley Rolfe,Fire Chief T.John Cunningham, City Attorney Peter
Beck, and Executive Secretary/Deputy City Clerk Jessica Miller
1. Call Meeting To Order A40 'I**,
Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called
to order at 6:39 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider Council Agenda
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. .°ons er Consenjg
en a'
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1. MAY 6,2013, CLOSED MEETING MINUTES.
4.2. MASSAGE THERAPIST LICENSE—LISA BARTEL, LITTLE
REJUVINATION STATION VALID UNTIL DECEMBER 31,2013.
4.3. SPECIAL EVENT PERMIT FOR BROADWAY BAR AND PIZZA FOR A
CAR SHOW ON SUNDAY, MAY 19,2013, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. THE TIRE BURNOUT EVENT IS NOT ALLOWED.
2. ON-STREET PARKING TO BE USED FOR CUSTOMERS ONLY.
ALL DISPLAY VEHICLES MUST BE CONFINED TO BROADWAY
BAR AND PIZZA PROPERTY.
3. 167TH AVENUE TO REMAIN OPEN TO TWO-WAY TRAFFIC.
4. LIQUOR IS ONLY PERMITTED INSIDE THE BUILDING AND
ON THE PATIO,AND STRICTLY ENFORCED BY BAR STAFF.
5. EXTERIOR SOUND SYSTEMS/MUSIC MUST COMPLY WITH
CITY NOISE ORDINANCE.
City Council Minutes Page 2
May 13,2013
6. APPLICANT MUST NOTIFY AREA RESIDENTS OF EVENT AND
ANTICIPATED INCREASE IN STREET PARKING.
7. PRIOR TO DISPLAY,ALL TEMPORARY SIGNAGE SHALL
RECEIVE THE APPROPRIATE PERMIT.
8. APPLICANT MUST CONTACT FIRE MARSHAL CLIFF
ANDERSON AT 763.635.1110 OR 763.238.3489 DURING EVENT SET
UP FOR A WALK-THRU INSPECTION OF THE PROPERTY TO
ENSURE PROPERTY ACCESSIBILITY TO THE BUILDINGS AND
ADJACENT PROPERTIES IS MAINTAINED DURING THE
EVENT.
9. APPLICANT MUST PROVIDE PORTABLE TOILET FACILITIES AS
OUTLINED IN THE APPLICATION.
4.4. ELK RIVER LANDFILL COMPLIANCE BOUNDARY AND MPCA
PERMIT.
MOTION CARRIED 5-0.
5. Open Forum
Nettie Dubois, 17949 Naples Street NW—stated she has some concerns about the recent
enforcement of the city's sign ordinance relating to garage sale signs. She did not believe it is
fair for it to be at one employee's discretion as to what signs are removed. She would like to
see this item added to a future agenda.
Mayor Dietz suggested that Ms.Dubois meet with the fire chief and code enforcement
officer and if necessary,the fire chief could add this item to a future agenda for discussion.
6. Work Session
6.1. Discuss Acquisition of the Houlton Property
Mr. Hecker presented his staff report.
Steve Hobbs,Minnesota Director of the Conservation Fund—explained the Conservation
Fund typically purchases conservation land on behalf of an entity.The property is sold back
to the entity for the purchase price once adequate funding has been secured.He added that
if the Houlton property is purchased using identified funding sources,the main cost to the
city would be for maintenance of the property.
Councilmember Motin questioned if there would be restrictions on the property.Mr. Hobbs
explained that because it is anticipated that a Park Legacy Grant will be providing most of
the funding,the park would be required to be a regional park which supports more passive
types of recreation such as hiking and bird watching.
Councilmember Motin questioned if the park would be expected to have a playground.Mr.
Hobbs indicated there would be no expectation. He explained that the city would be
required to submit a proposed park plan and construction could be completed as time
allows.
Mr. Hecker noted that the Friends of the Mississippi have expressed willingness to continue
as long-term funding partners for this property.
City Council Minutes Page 3
May 13,2013
Council consensus was for staff to continue moving forward with exploration of the
possible acquisition of the Houlton property and to work on development of a park concept
plan.
6.2. Sewer and Availability Charge Discussion
Mr.Barnhart presented his staff report. He explained that the water access charge (WAC) is
not addressed as it is set by Elk River Municipal Utilities and adopted as part of the city's fee
schedule. He indicated that staff is not recommending a reduction in sewer access charges
(SAC) at this point;however, flexibility in receiving payments could be considered.
Councilmember Motin questioned how the Laundromat in town was charged.Mr.Barnhart
indicated he believes they were assigned 23 units at 8 turns. Councilmember Motin also
questioned if using energy efficient appliances would affect the amount.Mr.Barnhart
explained that information supplied by the manufacturer is used in the calculations.
Councilmember Westgaard stated that the addition of laundry increases the SAC fees and
questioned if the original request to relocate the dry cleaners included laundry. Mr.Barnhart
explained that the plan for Nature's Dry Cleaners was reviewed three times and laundry was
not included in the first two plans.
Mark Leadens,owner of Nature's Dry Cleaners, explained that he is not asking for the city
to waive the SAC and WAC fees,he is just trying to get an explanation of how the fees are
calculated. He indicated that he does not believe that all of the washing machines will do
eight turns of laundry every day and believes two and a half turns per machine,per day,may
be more appropriate.
Mr.Barnhart mentioned that the City of Otsego has a program where the initial fee is based
on an estimation of water usage.The total usage is reviewed after three years and if the
actual usage is consistently less than what was estimated,the difference is refunded to the
applicant.
Mayor Dietz questioned if the city could implement a rebate program strictly for coin
operated laundry facilities.Mr.Beck indicated that the program could be written that way.
Discussion was held on various options for collecting SAC fees.
Mr.Leadens noted that he is not asking the city to review the entire free structure,just to
reduce the number of turns. He distributed a letter from the Coin Laundry Association as
well as some fee information from other cities.
Consensus of the Council was for staff to research programs similar to Otsego's and other
rebate-type programs and report back.
Mayor Dietz questioned how quickly staff can gather that information.Mr.Barnhart
indicated it will take some time to conduct research. Councilmember Motin noted that Mr.
Leadens could pay for the eight turns now and if the program is changed,Mr.Leadens could
receive a rebate if appropriate.
Mr. Portner indicated that there is a low interest loan program that is utilized by restaurants
to pay SAC fees and this could be an option.Mayor Dietz questioned if Mr.Leadens is
allowed to finance if that opens it up to everyone.Mr.Beck stated that staff could review
City Council Minutes Page 4
May 13,2013
options. He also noted another option would be to phase in the machines and collect the
SAC fees as machines are phased in.
6.3. Service Levels and Fees/Deposits for Special Events
Ms.Allard presented her staff report and reviewed the draft policy.
Councilmember Wilson questioned whether or not the city can select which events are
publicized on the city's social media.Ms.Allard explained that the city must be fair and
cannot pick and choose which events are publicized. Consensus was to limit publicity of
special events to the community calendar on the city website.
The Council discussed requiring a$500 deposit for all events.
Debbi Rydberg,Elk River Area Chamber of Commerce, stated she liked the policy overall
and offered some changes she would like to see to the policy regarding in-kind services and
sponsorship requirements.
Ms.Allard stated that this policy will be brought back for formal approval at a future
meeting.
6.4. Review of Solicitor Ordinance
Ms.Allard presented her staff report. She noted that she will review a couple additional
changes with the city attorney and bring back for Council approval at a future meeting.
6.5. Communications Coordinator Position Description and Salary Range
Mr. Portner presented the staff report. He explained that the employee currently filling the
position does not meet the educational requirements outlined in the position description. He
recommended placing that employee at pay grade 6 until she is able to meet the educational
requirements.
Councilmember Wilson expressed concern with having someone in the position that does
not meet the educational requirements.Mr. Portner explained it is not uncommon for
someone to work into a position in municipal government and those people often become
successful in their positions. He indicated that if job requirements are not satisfactorily met
then it would become a performance issue.
This item will come back for approval at a future meeting.
6.6. Open Forum
There were no items for discussion.
7. Announcements
There were no announcements.
City Council Minutes Page 5
May 13,2013
8. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:52 p.m.
Minutes prepared by Jessica Miller.
John J.Dietz,Mayor
Tina Allard,City Clerk
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 20, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard, and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community-Operations and
Development Deputy Director Jeremy Barnhart, City Engineer Justin
Femrite,Parks and Recreation Director Michael Hecker,ERMU Director
of Operations Troy Adams, City Attorney Peter Beck, and Senior
Administrative Assistant Jennifer Johnson
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk River City Council was called
A&
to order at 6:30 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 05/20/2013 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. ons er Consent Agen a'
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 MAY 6,2013, REGULAR MEETING MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
4.4 ORDINANCE 13-11 AMENDING CHAPTER 82,VEGETATION AS
OUTLINED IN THE STAFF REPORT.
4.5 EMERALD ASH BORER PREPAREDNESS AND MANAGEMENT
PLAN.
4.6 RESOLUTION 13-28 CONCURRING IN RESOLUTION NO. 13-5 OF
THE ELK RIVER MUNICIPAL UTILITIES APPROVING
MEMBERSHIP IN THE MINNESOTA MUNICIPAL POWER AGENCY.
4.7 AUTHORIZATION TO SOLICIT BIDS FOR THE 2013 SEAL COAT
PROJECT.
4.8 RESOLUTION 13-27 REVOKING EXISTING MUNICIPAL STATE AID
HIGHWAYS AND RESOLUTION 13-29 ESTABLISHING MUNICIPAL
STATE AID HIGHWAYS.
City Council Minutes Page 2
May 20, 2013
-----------------------------
4.9 RESOLUTION 13-30 PROVIDING FOR REDEMPTION OF 2005A
BONDS.
4.10 QUOTE FROM VISU-SEWER IN THE AMOUNT OF $52,851.50 FOR
SEWER LINING SERVICES FOR THE 2013 WASTEWATER SLIP
LINING PROJECT.
4.11 TEMPORARY ON-SALE LIQUOR LICENSE FOR FRIENDS OF THE
KELLEY FARM AS OUTLINED IN THE STAFF REPORT WITH THE
CONDITION THAT ALCOHOL MUST BE LIMITED TO AN AREA
THAT IS FENCED IN WITH SECURED AND CONTROLLED ACCESS.
4.12 COMMUNICATIONS COORDINATOR POSITION DESCRIPTION
AND PAY GRADE CLASSIFICATION AS OUTLINED IN THE STAFF
REPORT.
MOTION CARRIED 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to the May Volunteer of the Month,
Audie Gutzwiller. He highlighted some of her volunteer accomplishments:
Elk River Special Olympics program volunteer since 2008, and currently acting as a
delegation head supervising six sports, 35 coaches, and 125 athletes
District 728 Special Education Department neighborhood carnival volunteer
Special needs children parent group organizer
Lincoln and St. Andrew’s elementary school volunteer
Youth hockey team manager
Girl Scout cookie mom
7.1 2013 Street Improvement Project – Assessment Hearing and Award of Construction
Contract
Mr. Femrite presented the staff report. Justin Wedel from WSB and Associates, Inc.,
provided a PowerPoint presentation, explaining how the project affected three developers
owning lots in four unfinished developments.
Mayor Dietz opened the public hearing. There being no one to speak, Mayor Dietz closed
the public hearing.
Mayor Dietz asked if all the developers listed were still operating their businesses.
Mr. Femrite indicated they were and had not received a response from them regarding the
project.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 13-31
ADOPTING THE FINAL ASSESSMENT ROLL IN THE MATTER OF THE
2013 STREET IMPROVEMENT PROJECT AS OUTLINED IN THE STAFF
REPORT. MOTION CARRIED 5-0.
City Council Minutes Page 3
May 20,2013
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE RESOLUTION 13-32
ACCEPTING BID AND AUTHORIZING EXECUTION OF CONTRACT TO
HARDDRIVES, INC.AS THE LOWEST RESPONSIBLE BIDDER IN THE
MATTER OF THE 2013 STREET IMPROVEMENT PROJECT OUTLINED IN
THE STAFF REPORT. MOTION CARRIED 5-0.
8.1 Naming of City Park Property Known as Bailey Point
Mr. Hecker presented the staff report.
Mayor Dietz noted he likes the"nature preserve"portion in naming the park as he felt it
reinforces the park's passive activities. He also felt it important to continue the use of the
Bailey name as a historical reference.
Councilmember Wilson concurred with Mayor Dietz's comments.
Councilmember Motin noted his concerns with naming parks or buildings with a familial
name but felt it appropriate in this situation.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER DIETZ TO APPROVE THE NAMING OF CITY
PROPERTY KNOWN AS BAILEY POINT TO BE BAILEY POINT NATURE
PRESERVE. MOTION CARRIED 5-0.
8.2 Ordinance Providing for Adoption and Enforcement of Regulations Regarding Public
Conduct in Parks
Mr. Hecker presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE ORDINANCE 13-12 PROVIDING
FOR ADOPTION AND ENFORCEMENT OF REGULATIONS REGARDING
PUBLIC CONDUCT IN PARKS AS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 5-0.
8.3 Regulations Regarding Use of Bailey Point Nature Preserve
Mr. Hecker presented the staff report. He stated the park use recommendations were based
upon tours and discussions of the site by staff,Parks and Recreation commissioners,and the
land use guidelines proposed in the details of the Minnesota Department of Natural
Resources Natural and Scenic grant,along with a conservation easement with the Minnesota
Land Trust.
Discussion was held regarding the language and layout of park signage.It was recommended
to include the Powered by Nature tagline on this park's signage. Staff was asked to bring
back signage considerations at a future Council meeting for approval.
Councilmember Wilson asked questions regarding location of the parking lot,its effect on
fishing,and location in conjunction with park users carrying canoes or kayaks.
City Council Minutes Page 4
May 20,2013
Mr. Hecker explained the area outlined would be the easiest access for both activities. He felt
the parking lot would be completed in mid June.
Parks and Recreation Commissioner Dave Anderson was present and clarified for the
Council the location for the parking lot as being the safest,closest location in order to abide
by the restrictions of the conservation easement,the rights of adjoining private property
owners,and consideration given to fisherpersons with location of the confluence of both the
Elk and Mississippi Rivers.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE REGULATIONS REGARDING
THE USE OF BAILEY POINT NATURE PRESERVE AS OUTLINED IN THE
STAFF REPORT,WITH STAFF REVIEWING PROPOSED SIGNAGE AND
BRING BACK FOR APPROVAL AT A FUTURE MEETING.MOTION
CARRIED 5-0.
8.4 2013—2014 Visioning Update
Mr.Barnhart presented the staff report.After outlining the Vision/Action Step/Task
worksheet,he requested the Council's input and support of staff moving forward in the
goals and action step plans.
Mayor Dietz asked about a welcome sign at the entrance of the city on Highway 10 and
suggested a reader board sign.
Mr.Barnhart stated requests such as these have significant monetary considerations and
would be considered for the 2014 budget. He stated the idea of a reader board sign
encourages community involvement and the idea was also suggested by area businesses,
most notably the downtown business owners group.It was suggested a different location for
this type of sign would be better suited in a more centralized part of the city.
Council gave consensus to staff to move forward with reviewing and studying these ideas for
future approval by Council.
8.5 Authorization to Complete Study of Improvements to Quiet Train Horns
Mr. Femrite presented the staff report. He provided video footage comparisons of train
horns and wayside horns at a number of city railroad crossings.He noted the rise in decibel
readings from the rumble of the train but noted the wayside horns were ultimately at a lower
decibel level than the train horns themselves.
Councilmember Westgaard felt it appropriate to authorize completion of hiring a quiet zone
specialist to perform a rail crossing diagnostic study and determine final costs for
implementing quiet train horns in the city.
Councilmember Motin said he doesn't have a problem with seeing what alternatives there
are and wasn't opposed to hiring a specialist,but he wasn't convinced that ultimately
spending a large sum of money to lower train horn noise would truly benefit the small
percentage of residents that complain about the noise. He noted he lives in Elk River Station
and his office is located two blocks from the tracks and the noise doesn't affect his sleep or
his work.
City Council Minutes Page 5
May 20,2013
Councilmember Wilson felt this topic seems to be of interest of the community and felt it
important and reasonable to find ways to reduce train horn noise.
Councilmember Burandt concurred with Councilmember Wilson's statements.
Mayor Dietz also concurred,and noted with the increase in train traffic in the city,this
would be a reasonable cost to determine what the city's options and final costs would be.
Mr. Femrite would provide the Council with several proposals for approval at a future
meeting of a specific company and proposed cost.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO AUTHORIZE STAFF TO OBTAIN
PROPOSALS FOR THE COMPLETE STUDY OF IMPROVEMENTS TO
QUIET TRAIN HORNS BY HIRING A SPECIALIST TO PERFORM A RAIL
CROSSING DIAGNOSTIC STUDY,AND TO DETERMINE FINAL COSTS FOR
IMPLEMENTING QUIET ZONES AS OUTLINED IN THE STAFF REPORT.
MOTION CARRIED 4-1. COUNCILMEMBER MOTIN OPPOSED.
8.6 Workforce Housing Concept Support
Mr.Barnhart presented the staff report. He explained Mr.Duffy's consideration in applying
for Low Income Housing Tax Credits with the Minnesota Housing Finance Administration.
Before doing so,Mr.Duffy requests confirmation from the Council of their support of a
project which would address the city's need for affordable or workforce housing.This need
was based upon the housing study accepted by the Council in 2012,indicating the demand
for 90 additional units of affordable or workforce housing by 2017.At this time,the support
requested does not require Mr.Duffy to indicate a specific project location for affordable or
workforce housing,but because of considerable financial obligations Mr.Duffy's application
would require,he is requesting the city's support.
Councilmember Motin was not in favor of agreeing with this support if the proposed
location of Mr.Duffy's project specifically listed Elk River Station,as previously suggested,
although he was in support of the construction of additional affordable or workforce
housing.
Councilmember Wilson stated he would support this request due to the findings from the
housing study,noting the need for affordable housing in the community.
Councilmember Westgaard agreed with Councilmember Wilson's statements,and further
reiterated the support was based upon the need for the housing,and not for a specific
location.
Mayor Dietz stated he agreed with both Councilmember Westgaard and Councilmember
Wilson's statements.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON THAT THE COUNCIL RECOGNIZES THE 2012
HOUSING STUDY IDENTIFIES THE NEED FOR 90 AFFORDABLE OR
WORKFORCE HOUSING UNITS BY THE YEAR 2017,AND THE COUNCIL
DESIRES TO ACCOMMODATE THOSE UNITS BY THAT TIME.MOTION
CARRIED 4-1. COUNCILMEMBER MOTIN OPPOSED.
City Council Minutes Page 6
May 20,2013
9. Announcements
Mayor Dietz informed the Council of the passing of former City Councilmember Cecilia
Scheel at 79 years of age.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:00 p.m.
Minutes Prepared by Jennifer Johnson.
John J.Dietz,Mayor
Tina Allard,City Clerk