06-03-2013 CCM MEETING F THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY,JUNE 3, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard,and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Fire Chief
T.John Cunningham, Community Operations and Development Director
Jeremy Barnhart,Planning/Park Planner Chris Leeseberg,Arena Manager
Rich Czech,Assistant Finance Director Lori Ziemer,and City Clerk Tina
Allard
1. 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
The Pledge of Allegiance was recited.
3. Consider Council Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. Consent Agenda
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 MINUTES.
• MAY 13,2013 WORKSESSION.
• MAY 20,2013 REGULAR.
4.2 CHECK REGISTER.
4.3 HIRE ZACHARY CARLTON AS TEMPORARY PLANNING.
ASSISTANT/INTERN EFFECTIVE JUNE 10, 2013,AS OUTLINED IN
THE STAFF REPORT.
4.4 HIRE JESSICA CONVERSE AS RECREATION COORDINATOR
EFFECTIVE JUNE 6, 2013 AS OUTLINED IN THE STAFF REPORT.
4.5 RESOLUTION 13-32 SUPPORTING THE APPLICATION OF BIG
LAKE, MINNESOTA FOR TRANSPORTATION INVESTMENT
GENERATING ECONOMIC RECOVERY FUNDING FOR ITS
REGIONAL RAIL PARK.
4.6 BAILEY POINT SIGNAGE REGARDING RIVER ACCESS
REGULATIONS.
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June 3,2013
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4.7 RESOLUTION 13-33 ELECTING NOT TO WAIVE THE STATUTORY
TORT LIMITS FOR LIABILITY INSURANCE.
4.8 2014-2015 COUNCIL VISION,ACTION STEPS,AND TASKS.
4.9 PROFESSIONAL SERVICES FROM BOLTON&MENK,INC. FOR
SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION
MANAGEMENT OF THE WASTEWATER TREATMENT FACILITY
EXPANSION IN THE AMOUNT OF $880,050.
4.10 HIRE DR.RICHARD ROTHAUS OF TREFOIL CULTURAL AND
ENVIRONMENTAL TO COMPLETE 2013 ARCHAELOGICAL SURVEY
AT BAILEY POINT.
4.11.A SPECIAL EVENT PERMIT TO ELK RIVER AREA ARTS ALLIANCE
FOR THE ARTSOUP EVENT SCHEDULED JUNE 15, 2013 WITH THE
FOLLOWING CONDITIONS:
1. APPLICANT MUST OBTAIN PROPERTY OWNER PERMISSION
FOR THE USE OF ANY PRIVATE PROPERTY.
2. WRITTEN NOTICE OF EVENT MUST BE GIVEN TO AREA
BUSINESSES AND RESIDENTS AT LEAST TWO WEEKS PRIOR
TO THE EVENT.
3. CLOSURES OF MAIN STREET AND JACKSON AVENUE WILL BE
PERMITTED FROM 8:00 A.M. TO 6:00 P.M. SATURDAY,JUNE 15,
2013.ALL BOOTHS,TENTS,TRAFFIC CONTROL, ETC. MUST BE
REMOVED FROM THE STREETS PRIOR TO REMOVAL OF THE
BARRICADES.
4. IF ERAAA WANTS TO ENSURE ALL SITES ARE CLEAR OF
VEHICLES THE DAY OF THE EVENT,NO PARKING SIGNS
MUST BE IN PLACE 24 HOURS PRIOR TO ENFORCEMENT. TO
AVOID CONFUSION WITH AREA BUSINESSES AS TO WHEN
THE PARKING RESTRICTION TAKES EFFECT,THE SIGNS
SHOULD BE PRINTED WHICH READ SIMILAR TO THE
FOLLOWING:
NO PARKING
DATE/TIME TO DATE/TIME
SPECIAL EVENT
ERAAA IS RESPONSIBLE FOR PRINTING THE SIGNS. BOLD
BLACK OR RED LETTERING ON WHITE 8.5X11 CARD STOCK
(NOT PAPER) IS PERMITTED. THE SIGNS SHOULD BE
STAPLED TO LATH. THE POLICE DEPARTMENT WILL PLACE
SIGNS IF RECEIVED 48 IN ADVANCE OF THE EVENT. THERE
SHOULD BE ENOUGH SIGNS FOR PLACEMENT EVERY 25 FEET
ON JACKSON AVENUE AND MAIN STREET. IF ERAAA
CHOOSES NOT TO DO SIGNS,THE POLICE DEPARTMENT
WOULD ASSIST IN TRYING TO CONTACT THE OWNERS OF
VEHICLES LEFT PARKED ON THE STREET AT THE VENUE,
BUT WOULD NOT REMOVE THE VEHICLES.
5. THE APPLICANT SHALL HIRE A PRIVATE CERTIFIED TRAFFIC
CONTROL INSTALLER TO SUPPLY AND PLACE ALL TRAFFIC
CONTROL FOR THE PLANNED STREET CLOSURES AS
INDICATED ON THE ATTACHED DOWNTOWN STREET
CLOSURE PLAN AND ART SOUP ADDITIONAL TRAFFIC
CONTROL PLAN. STREET CLOSURES SHALL BE PUT IN PLACE
AT
8:00 A.M.AND REMOVED BY 6:00 P.M.THE DAY OF THE EVENT.
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June 3,2013
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6. CONTACT INFORMATION FOR THE APPLICANTS TRAFFIC
CONTROL INSTALLER, SHALL BE SUBMITTED TO THE CITY
ENGINEER THREE WEEKS PRIOR TO THE EVENT SO A
FORMAL PERMIT APPLICATION CAN BE MADE TO MNDOT, BY
THE CITY, ON THE APPLICANT'S BEHALF. FAILURE TO
PROVIDE THIS INFORMATION WITHIN THE TIMELINE
REQUIRED MAY RESULT IN THE DENIAL OF THE PERMIT BY
MNDOT. MNDOT'S CONDITIONS MAY INCREASE THE
NUMBER OF SIGNS REQUIRED. ANY ADDITIONAL SIGNS
REQUIRED BY MNDOT AS PART OF THE PERMIT WILL NEED
TO BE SUPPLIED BY THE APPLICANT'S
CONTRACTOR. LISTED BELOW ARE A NUMBER OF
CERTIFIED FIRMS THAT CAN ASSIST YOU IN YOUR TRAFFIC
CONTROL NEEDS. (THERE MAY BE OTHER COMPANIES THAT
ARE NOT LISTED BELOW.)
• NORTHERN TRAFFIC SUPPLY, INC. - 763. 576.1200
• GEYER RENTAL-TRAFFIC DIVISION-320.253.9005
• HIGHWAY TECHNOLOGIES - 612.521.4200
■ UNITED RENTALS -763.428.1421
■ TRANSIGNAL-763.241.0789
7. TENTS MUST MEET APPLICABLE STATE AND FIRE BUILDING
CODE REQUIREMENTS. STAKELESS TENTS SHALL BE USED.
NO STAKES SHALL BE POUNDED INTO THE PAVEMENT.
APPLICANT IS RESPONSIBLE FOR CONTACTING THE FIRE
MARSHAL AT 763.635.1110 OR 763.238.3489 TO SCHEDULE AN
INSPECTION PRIOR TO OPENING OF THE TENTS.
8. APPLICANT MUST CONTACT PARKS SUPERVISOR RODNEY
SCHREIFELS AT 763.635.1123 IF TENTS ARE PLACED IN THE
PARK AND ARE PROPOSED TO BE STAKED SO THE
IRRIGATION SYSTEM CAN BE LOCATED.
9. OUTSIDE FOOD SALES MUST COMPLY WITH ALL MINNESOTA
DEPARTMENT OF HEALTH RULES AND REGULATIONS.
10. NO ALCOHOL IS ALLOWED TO BE SERVED BY OUTSIDE FOOD
VENDORS UNLESS PROPERLY LICENSED TO DO SO.
11. ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED
IN WITH SECURED AND CONTROLLED ACCESS.
12. APPLICANT SHALL PROVIDE GARBAGE SERVICE THROUGH A
PRIVATE CONTRACTOR.
13. APPLICANT SHALL PROVIDE PORTABLE TOILET FACILITIES
THROUGH A PRIVATE CONTRACTOR.
4.11.13 SPECIAL EVENT PERMIT TO KATHY AND SCOTT DAUL FOR A 5K
WALK/RUN SCHEDULED FOR SUNDAY,AUGUST 18, 2013 WITH
THE FOLLOWING CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP IMMEDIATELY FOLLOWING EVENT.
2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK AND/OR
CONES MAY BE USED.
4.12 TEMPORARY 3.2%MALT LIQUOR LICENSE TO THE ELK RIVER
LIONS CLUB FOR JUNE 8, 2013,WITH THE CONDTION THAT
ALCOHOL MUST BE LIMITED TO AN AREA THAT IS FENCED IN
WITH SECURED AND CONTROLLED ACCESS.
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June 3,2013
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4.13.A SALES/STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL
FOR COBORN'S, INC.,ELK RIVER,VALID UNTIL JUNE 4,2014 WITH
THE FOLLOWING CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE
AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER
MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN
INSPECTION.
4.13.13 SALES/STORAGE OF RETAIL FIREWORKS LICENSE RENEWAL
FOR WALMART #3209,VALID UNTIL JULY 8,2014 WITH THE
FOLLOWING CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR THE
AREA OF THE FIREWORKS DISPLAY. ONE (1) EXTINGUISHER
MUST BE A WATER-BASED PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR AN
INSPECTION.
4.14 MASSAGE THERAPIST LICENSE TO AMBER KUNZ TO WORK AT
MICHAEL STEVENS SALON AND SPA VALID THROUGH
DECEMBER 31, 2013.
4.15 TRANSIENT MERCHANT LICENSE TO ALLEN PANTELIS,TO SELL
PRODUCT FROM THE WASH N FILL,18296 ZANE STREET, ON
WEEKENDS JUNE THROUGH SEPTEMBER,WITH THE
FOLLOWING CONDITIONS:
1. ONE 24-SQUARE FOOT SIGN SHALL BE ALLOWED.A
TEMPORARY SIGN PERMIT MUST BE OBTAINED PRIOR TO
DISPLAY OF THE SIGN. CONTACT THE PLANNING
DEPARTMENT AT 763.635.1000.
2. THE;MERCHANDISE DISPLAYED SHALL NOT OCCUPY MORE
THAN 100 SQUARE FEET [SECTION 38-414 (6)].
3. APPLICANT MUST REMAIN ON THE ASPHALT SURFACE AND
PRODUCTS SHALL BE DISPLAYED IN THE GRASSY AREAS.
4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
5. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE,THE SALES AREA SHALL BE DELINEATED WITH A
BARRIER TO RESTRICT TRAFFIC.
6. THE AREA SHALL BE MAINTAINED FREE OF DEBRIS AND
KEPT IN AN ORDERLY CONDITION.
7. TRAILER SHALL BE NO LARGER THAN 8 X 12.
8. NO SIGNAGE MAY BE POSTED ON THE TRAILER.
9. TRAILER TO BE PARKED OVERNIGHT AS SHOWN ON THE
SITE PLAN. OVERNIGHT PARKING IS LIMITED TO FRIDAY
THROUGH SUNDAY OF THE SALES WEEKENDS.
4.16 THE FOLLOWING LIQUOR LICENSE RENEWALS VALID JULY 1,
2013 THROUGH JUNE 30,2014
3.2. PERCENT MALT BEVERAGE ON-SALE
• DADDY O'S CAFE
• PINEWOOD GOLF COURSE
• POMPEII PIZZERIA
3.2. PERCENT MALT BEVERAGE OFF-SALE
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June 3,2013
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■ ALDI FOODS #92
• COBORN'S
• CUB FOODS
• MCCOY'S PUB
• SUPERAMERICA#4196
• SUPERAMERICA#4338
• SUPERAMERICA#4470
• WAL-MART SUPERCENTER#3209
CLUB
■ EAGLESCLUB
ON-SALE LIQUOR
■ APPLEBEE'S NEIGHBORHOOD GRILL& BAR
■ BROADWAY BAR& PIZZA
■ BUFFALO WILD WINGS GRILL& BAR
■ CHIPOTLE MEXICAN GRILL
■ ELK RIVER GOLF CLUB
■ MCCOY'S PUB
■ MUCHO LOCO
■ SUNSHINE DEPOT
■ TIMEOUT RESTAURANT AND SPORTS BAR
ON-SALE SUNDAY
• APPLEBEE'S NEIGHBORHOOD GRILL& BAR
• BROADWAY BAR& PIZZA
• BUFFALO WILD WINGS GRILL& BAR
• CHIPOTLE MEXICAN GRILL
■ EAGLESCLUB
• ELK RIVER GOLF CLUB
• MCCOY'S PUB
■ ' MUCHO LOCO
■ SUNSHINE DEPOT
■ TIMEOUT RESTAURANT AND SPORTS BAR
WINE
■ POMPEII PIZZERIA
STRONG BEER PERMISSION
■ POMPEII PIZZERIA
4.17 CALL PUBLIC HEARING TO CONSIDER TAX ABATEMENT APPLICATION
FOR PREFERRED POWDER COATING ON JULY 1,2013.
MOTION CARRIED 5-0.
5. Open Forum
No one appeared for open forum.
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June 3,2013
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6. Awards/Recognitions/Presentations
6.1 Comprehensive Annual Financial Report(CAFR) and Audit Results for the Year Ended
December 31, 2012
Mr. Simon introduced Andrew Berg with Abdo,Abdo,Eick,&Meyers.
Mr.Berg gave a presentation regarding the 2012 CAFR and audit results along with the Fire
Relief Association financial statements.He noted there were no findings against the City.
Mr. Simon thanked staff for all the work that goes into putting the document together.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO ACCEPT THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED DECEMBER 31,
2012. MOTION CARRIED 5-0.
7. Public Hearings
There were no public hearing items.
8.1 Review Ordinance.as it Relates to Fencing of Pools and Automatic Pool Covers
Mr.Leeseberg presented the staff report.
Mayor Dietz stated there are negatives to both options for pool security but felt an
automatic pool cover would meet the same safety requirements as fencing.
Councilmember Motin disagreed. He noted he owned an indoor pool at one time and there
could be,issues with kids falling in even though the pool is secure. He further stated a cover
is only secure as long as it is shut and from his experience people don't always shut the cover
when they walk away for short periods of tune.He stated a fence is always in place.
Councilmember Westgaard stated none of the options are fail proof and all rely on a
property owner to make sure the pool is secured.He further noted a gate on a fence could
be left open and unattended. He stated he is amendable to including automatic pool covers
into city ordinance.
Councihnember Wilson stated he'd like to see more details regarding pool cover standards
and what type of requirements constitute legitimate pool covers before he could support a
change in the ordinance.
Councilmember Motin further questioned if it is the role of the city to be the safety monitor
for private property.
Councilmember Burandt stated she would like to see more information on what the best
options are for pool safety. She further questioned the life expectancy and replacement of
pool covers.
Mr. Brent Cotton, 19640 Proctor Road- Stated it takes less than 10 seconds to open and
close his pool cover and it saves on chemical,heating, and cleaning costs. He further stated
his cover takes a private access code to open and close.
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June 3,2013
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Staff was directed to complete further review on standards for pool cover.
8.2 Service Availahili Charge SAQ Program Options
Mr.Barnhart presented the staff report.
Mayor Dietz stated he would like to see some established guidelines rather than leaving it to
Council discretion and questioned the rest of the Council.
Councilmember Motin stated he liked having Council discretion as there may be unique
situations that arise and need to be adjusted or monitored.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADOPT ORDINANCE 13-13
AMENDING SECTION 78-189, SERVICE AVAILABILITY CHARGE, OF THE
CITY OF ELK RIVER,MINNESOTA CITY CODE. MOTION CARRIED 5-0.
8.3 Sign Ordinance
Chief Cunningham and Mr.Leeseberg presented the staff report,reviewed the sign
ordinance,right-of-ways,and enforcement.
Mayor Dietz mentioned different examples of signage such as the"for profit",youth sports,
and county fair signs placed in right-of-ways.
Chief Cunningham noted the signs are placed illegally. He further noted city staff does not
typically pull signs'from the highways or busier roadways due to safety concerns.
Councilmember Motin stated this type of signage detracts from the city beautification goals
He suggested more education to the public and more simplification of the ordinance, such as
stating signage can't be within 10-15 feet of any roadway. Councilmember Moon further
stated it can be difficult to educate people about where the right-of-way is located. He stated
consistency with enforcement is important.
Mr.Leeseberg questioned the city's liability if signage is allowed in right-of-ways due to
concerns with severing lines buried underground and further questioned if locates should be
required. He stated setting timelines on signage becomes an enforcement issue that is
difficult to manage. He stated 90% of the time having a 10 or 15 foot boundary would put
most signs outside the right-of-way,but would not cover every situation. He stated the
current ordinance is simple to enforce but if exceptions are made, then it would be more
difficult to enforce and educate on those exceptions. He further noted sometimes staff can't
always determine right-of-way without looking at mapping.
Councilmember Burandt questioned how deep underground lines are placed.
Mr. Czech stated he places signs for various arena events in the right-of-ways and they
typically go 4-6 inches in the ground. He stated he would like to see Elk River amend its
ordinance to be similar to Maple Grove's ordinance. He stated the signs help direct people
to his events and they can be difficult to see when they are placed private property behind
the right-of-way.
City Council Minutes Page 8
June 3,2013
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Councilmember Motin questioned how or if a determination of certain sign types (messages)
could be allowed in the right-of-way.
Councilmember Westgaard stated limiting days of the week for signage in the right-of-way
may not be fair because some people like to hold garage sales on different dates. He
suggested separation of advertising for an event versus an ad for a business. IIe'd like to see
some limitations but still maintain the city's beautification goals.
Mayor Dietz concurred with Councilmember Westgaard.
Councihnember Wilson stated the city needs to apply enforcement as consistently as
possible. He stated signs should be kept out of the right-of-way and Elk River needs to be
kept attractive. He stated most people looked at the internet for his daughter's garage sale.
Councilmember Motin questioned if the requirements have changed for putting permits on
temporary signs as he usually sees many of them routinely not meeting current ordinance
requirements.
Mr.Leeseberg discussed how difficult it has been to enforce the temporary permits.
Councilmember Motin further questioned if there is a penalty for non-compliance with the
ordinance.
Staff was unclear at this tithe.
MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY MAYOR
DIETZ TO ALTER THE ORDINANCE TO ALLOW FOR SOME VARIATION
SIMILAR TO THE MAPLE GROVE ORDINANCE.
Councilmember Westgaard asked for clarification on the type of alterations that would be
allowed.
Councilmember Burandt stated she would like to see short-term signage allowed for
rummage sales and youth events.
Councilmember Westgaard suggested directing staff to come back with language for an
ordinance amendment,rather than adopting a motion at this time.
The maker and seconder withdrew the motion.
Councilmember Motin stated he likes the current ordinance language but is willing to look at
sample language for other options.
Council consensus was to direct staff to review other alternatives for amending the sign
ordinance.
Councihnember Motin further stated if some signage is allowed to be placed in the right-of-
way, then other groups will think signage is allowed and put their signs out.
8.4 Special Event Policy
Ms.Allard presented the staff report.
City Council Minutes Page 9
June 3,2013
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MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT THE SPECIAL EVENT POLICY.
MOTION CARRIED 5-0.
8.5 Discuss Work Session Items
Mr. Portner presented the staff report and noted all items will be on the July 1 agenda. He
stated his performance evaluation is scheduled for June 17.
9. Announcements
There were no announcements.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:07 p.m.
J n J. ietz,Ma o�
Tina Allard, City Clerk