05-20-2013 CCMMEETING OF RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY,
Members Present: Mayor Dietz, Councilinembers Wilson, Burandt, Westgaard, and Motin
Members Absent: None
Staff Present: Cite Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Depute Director Jeremy Barnhart, City Engineer Justin
Femrite, Parks and Recreation Director Michael IIecker, EP-MU 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 Ells 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 05/20/2013 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5 -0.
4. Consider Consent Agenda
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
May 20, 2013
Page 2
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. Oven Forum
No one appeared for Open Forum.
6.1 Citv 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 elementar- r school volunteer
• Youth hockey team manager
• Girl Scout cookie mom
7.1 2013 Street Improvement Project — Assessment Hearing and Award of Construction
Contract
ivlr. 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.
1\11. 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
May 20, 2013
Page 3
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 Proper t<7 Kiamyn as Bailey Point
Ivlr. Hecker presented the staff report.
Mayor Dietz noted he likes the "nature preserve" portion in naming the park as lie 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.
Councdrnember Wilson concurred with Mayor Dietz's comments.
Council-member Motin noted his concerns with naming parks or buildings with a fannilial
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
1\/h-. 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 Bailee 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.
Councihuember 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 1\tinutes
May 20, 2013
Page 4
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
ice. 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.
h1ayor Dietz asked about a welcome sign at the entrance of the city on Highway 10 and
suggested a reader board sign.
1\41-, 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
NIr. 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.
Councihnember 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 h\-es 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
May 20, 2013
Page 5
Councilmember Wilson felt this topic seems to be of interest of the comrnunity and felt it
important and reasonable to find ways to reduce train horn noise.
Councihnember Burandt concurred urith Councihnember 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. Fetnrite 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 u1 applying
for Low Income Housing Tax Credits with the I\ffinnesota Housing Finance Adtnitnistration.
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
u7as 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 tithe, 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.
Council nember 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.
Councilrnember N,\7ilson stated he -,would support this request due to the findings from the
housing study, noting the need for affordable housing in the community.
Counciltnember Westgaard agreed -\vith Couriciltnetnber V/ilson's statements, and further
reiterated the support was based upon the need for the housing, and not for a specific
location.
1\1ayor Dietz stated he agreed with both Councihnember 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 IN- linutes
May 20, 2013
9. Announcements
Page 6
Mayor Dietz informed the Council of the passing of former City Councihnember 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.
J f . Dietz, Mayo
Tina Allard, City C erk