4.1. DRAFT MINUTES 05-19-2014 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Monday, May 5, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, and Motin
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Director Suzanne Fischer, Community Operations and
Development Deputy Director Jeremy Barnhart,Parks and
Recreation Director Michael Hecker, Finance Director Tim Simon,
Economic Development Director Brian Beeman,Economic
Development Specialist Colleen Eddy, City Attorney Peter Beck, and
Executive Secretary/Deputy City Clerk Jessica Miller
I. Call Meeting to Order C' Nik,
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:30 p. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 05 /05/2014 Agenda
Moved by Councilmember Motin and seconded by Councilmember Wilson to
approve the May 5, 2014, agenda. Motion carried 4-0.
4.k"Consider Consent Agenda
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to approve the following consent agenda:
4.1 Minutes
• April 21, 2014, Closed Meeting
• April 21, 2014, Regular Meeting
• April 28, 2014, Board of Appeal and Equalization Meeting
4.2 Check register as outlined in the staff report.
4.3 On-sale wine, 3.2. percent malt on-sale liquor, and permission to sell
intoxicating malt liquor (strong beer) for The Noodle Shop, Co—
Colorado, Inc. d/b/a Noodles & Company valid June 30, 2014,
through June 30, 2015.
4.4.A Special event permit for Elk River Area Arts Alliance for the ArtSoup
event scheduled for Saturday,June 28, 2014, subject to the following
conditions:
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May 5,2014
1. Applicant must obtain property owner permission for the use of
any private property.
2. The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed and a list of property owners to
notify. The event planner must submit an affidavit that the notice
was distributed.
3. Closures of Main Street and Jackson Avenue will be permitted from
6:00 a.m. to 7:00 p.m., Saturday,June 28, 2014. 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
The ERAAA is responsible for printing the signs. BOLD black or
red lettering on white 8.5x11 card stock (not paper) is acceptable.
The signs should be stapled to lath. If the ERAAA brings the signs
to the Police Department 48 hours before the event they will take
care of placement. There should be a sufficient number of signs to
be placed every 25 feet on Jackson and Main Street and for the
lower city-owned parking lot. If ERAAA chooses not to do the
signs, the Police Department would assist in trying to contact the
owners of vehicles left parked on the street and in the parking lot
during 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
ArtSoup Additional Traffic Control Amendment Plan. Street
closures shall not be put in place before 6:00 a.m. and must be
removed by 7:00 p.m. the day of the event.
6. Contact information for the applicant's traffic control installer shall
be submitted to the city engineer 3 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 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
with your traffic control needs. (There may be other companies
that are not listed below.)
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May 5,2014
• Geyer Rental—Traffic Division 320.253.9005
• Warning Lites 612.521.4200
• Transignal 763.241.0789
7. Tents must meet applicable state and fire building code
requirements. No stakes shall be pounded into the pavement.
Stakeless tents shall be used. 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. Applicant shall provide garbage service through a private
contractor.
12. Applicant shall provide portable toilet facilities through a
private contractor.
4.4.13 Special event permit amendment to The Great Bull Run changing the
date of their event from Saturday, May 10, 2014, to Saturday,June 21,
2014, subject to the original conditions:
1. Tents must meet applicable state and fire building code
requirements. Event planner is responsible for contacting the fire
marshal at 763.635.1110 or 763.238.3489 to schedule an inspection
prior to the tents being occupied.
2. Event planner must coordinate traffic control and security with the
Police Department. The applicant is responsible for fees associated
with police personnel on site the day of the event.
3. Ambulance service within the city limits is provided by the Elk
River Ambulance Service, a nonprofit entity not affiliated with the
city. Event planner has been directed to coordinate with the
ambulance service any requests for standby medical coverage by
contacting Ambulance Coordinator Steve Dittbenner at
763.350.3391.
4.5 Hire Kristofer Paulseth as park maintenance worker beginning at pay
grade 6, step A, effective May 6, 2014.
4.6 Peddler license to Faysal Hasan, Blaine Anoka Ice Cream, valid
through December 31, 2014.
4.7 Temporary 3.2 percent malt liquor license to the Elk River Lions for
May 17, 2014, with the following condition:
■ Age verification is required and wrist band control is
recommended.
4.8 Resolution 14-16 authorizing a transfer from the General Fund to the
Capital Outlay Reserve Fund and Surface Water Management Fund.
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May 5,2014
4.9 Resolution 14-17 approving plans and specifications and ordering
advertisement for bids in the matter of the wastewater treatment
facility improvements.
4.10 2014 seal coat improvement plans and authorize staff to advertise the
project for bids.
4.11 Appoint Matthew Stevens as interim wastewater chief operator
effective May 10, 2014.
Motion carried 4-0.
S. Open Forum
Peter Kimball, 14357 190"'Avenue—stated he is representing a group of citizens
upset about the city's action and handling of the Pinewood Golf Course suit. He
indicated the group would like to submit a list of questions in advance and then meet
with the Council in a work session. He requested notice of the work session be
published in the newspaper.
Mayor Dietz indicated he likes this idea. He explained the questions will need to be
reviewed by the attorney handling the Pinewood action. He added that in addition to
publication; he would like all Pinewood area residents notified. The Council
concurred.
Suzanne Kostanshek, representing RSVP—thanked the Council for their
continued support and presented a certificate showing the city's return on
investment and value of volunteer time.
6.1 Proclaim May 9, 2014, as Gary Leirmoe Day
Ms. Fischer presented the staff report.
Mayor Dietz read the proclamation and presented it to Mr. Leirmoe.
The Council thanked Mr. Leirmoe for his years of service to the city.
6.2 Proclaim National Small Business Week
Ms. Eddy presented the staff report.
Mayor Dietz read the proclamation.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
proclaim May 12—16, 2014, as National Small Business Week. Motion carried
4-0.
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May 5,2014
7.1 City of Elk River Land Use Amendment —Comprehensive Plan
Mr. Barnhart presented the staff report. Mr. Hecker presented a PowerPoint
outlining the Parks and Recreation Commission's recommended changes to the Plan.
Mayor Dietz explained the Council has discussed and is in opposition to the road
connection through the Woodland Trails Park.
Moved by Councilmember Motin and seconded by Councilmember Wilson to
remove the road connection between County Road 33 and County Road 1
through the Woodland Trails Park from the Comprehensive Plan and send a
letter to Sherburne County requesting the road also be removed from the
County Transportation Plan. Motion carried 4-0.
Mayor Dietz opened the public hearing.
Mary Ernhart, 201 Norfolk Avenue—expressed her opposition to the road
connection through Camp Cozy.
Dave Anderson, 14845 County Road 30—requested the road connection through
Woodland Park be removed from the city's Transportation Plan if shown in that
plan. He expressed opposition to the road connection through Camp Cozy, adding
that building a road in that location may be difficult due to the flood plain. He was
in favor of maintaining a location for future athletic field expansion.
Michael Brown, 2450 152nd Lane, Ham Lake—stated he has a place in Camp Cozy
and believes the Council should remove the road connection through Camp Cozy as
they did for Woodland Park.
There being no one else to speak to this issue,Mayor Dietz closed the public
hearing.
The Council discussed the following comments received regarding the plan:
Road Connection -Higbway 10 and 192"; along lYlaco Street Ali (through Camp Cody)
Mr. Barnhart indicated in addition to the comments just received, the Park and
Recreation Commission is also recommending removal of the road connection
between Highway 10 and 192nd Avenue. He added staff and the Planning
Commission recommend the road be retained in the plan for future study.
Councilmember Motin stated he is comfortable with staff s recommendation to leave
the road in the plan. He added that he isn't necessarily in favor of having a road in
this location but he believes it warrants a study since the Council has been discussing
east to west corridors for many years.
Councilmember Wilson stated he believes an east to west corridor makes sense but
not at the expense of parkland. He believes leaving the road in the plan would make
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it easier for the road to be constructed in the future. Councilmember Burandt
concurred adding that parkland and wetlands should be preserved.
Consensus of the Council was to remove the road connection between Highway 10
and 192nd Avenue, along the Waco Street alignment(through Camp Cozy).
Property North of Youth Athletic Complex(YAQ
Mr. Barnhart indicated the Parks and Recreation Commission's recommendation is
for the property north of the Youth Athletic Complex to be guided for parkland to
facilitate expansion of the complex. He stated staff is recommending the land be
guided for industrial because the city is in dire need of industrial land to meet job
growth goals.
Mayor Dietz stated he understands the need for more industrial and questioned if
there is a way to share the land between industrial and the athletic complex.
Councilmember Motin explained the FDA and the Council has been discussing the
need for industrial growth for many years but available industrial land in the city has
actually declined. He has no issue with allowing athletic use on a portion of the land
but would like to see the majority of the land guided industrial. Councilmember
Wilson concurred.
Council consensus was to keep the land guided industrial with the caveat that the
Youth Athletic Complex could still possibly be expanded in the future.
Green Space along the Great Northern Trail
Mr. Barnhart stated staff is recommending the following sentence be added to the
open space description in Chapter 5: "In evaluating expansion of the open space
land use, due regard to unique and substantial environmental features shall be given."
He stated the Parks and Recreation Commission would like the green space along
the Great Northern Trail adjusted to reflect a high quality forest in the area.
Mr. Beck indicated having an expression for the preservation of land in the plan is
favorable as it allows staff to work with applicants to see if areas can be preserved.
Mayor Dietz stated he would like to have the area evaluated and have the lines
adjusted if appropriate to save the forest area north of County Road 33 near the
Great Northern Trail. The Council concurred.
Haarsted Property
Mr. Barnhart stated Mr. Haarsted would like his property to be included in the
Urban Services District. Staff suggests inclusion of the property in the future
expansion of the Urban Services District as outlined in Figure 8-3.
Discussion took place regarding responsibility for costs related to future extension of
the Urban Services District. Mr. Barnhart explained he is comfortable adding Mr.
Haarsted's property to the Urban Services District and details of the extension can
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be worked out later as has been done in the past. The Council concurred as long as
the property borders the Urban Services District as proposed in the plan.
Otsego Population Projections
Council consensus was to amend the population projections to match Otsego's
projections.
Cretex Companies
Mr. Barnhart stated Cretex Companies would like the future road shown through the
Cretex property removed or diverted around their operations. He explained staff and
the Planning Commission recommend retaining the road for future study noting the
alignment may adjust as a result.
Mayor Dietz questioned if the Council has control of when the road is extended. Mr.
Beck explained the Council has full control and leaving the future road on the map
allows for extension if Cretex ever leaves. Mayor Dietz requested Mr. Beck work
with staff to include a narrative in the plan allowing for the extension of the road if
Cretex leaves. The Council concurred.
Land Use Map
Mr. Barnhart indicated there is confusion regarding existing land use versus existing
use of land on Figure 5-1. He stated staff will clarify this issue before the Council
reviews the plan again.
Mr. Barnhart stated the Comprehensive Plan will come back for Council approval on
a future agenda.
8.1 Ordinance: Sewers and Sewerage Disposal
Ms. Fischer presented the staff report. She indicated the Enforcement Response
Plan and Best Management Practices will be reviewed by the Council at the next
meeting.
Mayor Dietz stated he would like all businesses affected by this ordinance sent a
letter explaining enforcement of the ordinance. Ms. Fischer explained upon adoption
of the ordinance,notice will be published in the newspaper,letters will be mailed to
businesses, and information will be published on the city's website.
Mr. Beck noted that the ordinance will take effect upon adoption but
implementation will require time.
Moved by Councilmember Wilson and seconded by Councilmember Burandt
to adopt ordinance 14-06 providing for the control of fats, oils, and greases in
the city sanitary sewer system. Motion carried 4-0.
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8.2 Housing and Redevelopment Authority Owner Occupied Housing
Rehabilitation Program and Budget Amendment
Mr. Beeman presented the staff report. He explained that the Housing and
Redevelopment Authority recommends the Council adopt the resolution creating the
Housing and Redevelopment Loan Program,approve the $100,000 budget
amendment to fund the program, and call a public hearing for July 7, 2014, to
consider a Redevelopment Plan as part of the Owner-Occupied Housing
Rehabilitation Program in the Target Area, eliminating income restrictions on the
program.
Councilmember Motin indicated the HRA discussed whether or not this should be
an income-based program. The HRA approved the program with the income
restrictions in order to move forward with the program and intends to request a
public hearing and provide proper notice to remove the income based requirement at
a later date.
Moved by Councilmember Wilson and seconded Councilmember Motin to
adopt resolution 14-18 approving a Housing Rehabilitation Loan Program.
Motion carried 4-0.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
call a public hearing for Monday,July 7, 2014, to discuss the Housing
Rehabilitation Loan Program. Motion carried 4-0.
8.3 Discuss Work Session Items
Mr. Portner presented the staff report.
Mr. Portner stated the Pinewood item will be added as soon as the questions are
submitted and a response received from the city's attorney.
Mayor Dietz questioned why garage sale signs are not being discussed now when it's
prime garage sale season. Mr. Portner explained the first phase of the program the
Council discussed last fall was an educational piece that will take time to work.
Councilmember Motin agreed that it is important to give the educational piece a
chance to work.
Mayor Dietz expressed an interest in giving the educational piece a couple months
and having the fire chief or code enforcement officer come in and report progress.
He added that if issues arise or multiple complaints are received, he would like to see
this item added to an agenda sooner.
9. Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
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10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:10 p.m.
Minutes prepared by Jessica Miller.
John J. Dietz,Mayor
Tina Allard, City Clerk
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