4.1. DRAFT MINUTES (1 SET) 09-15-2014 VA
City of
Elk Meeting of the Elk River City Council
River Held at the Elk River City Hall
Tuesday, September 2, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt,Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Suzanne Fischer, Finance Director
Tim Simon, Fire Chief T.John Cunningham, Police Chief Bradley
Rolfe, Park Planner Chris Leeseberg, City Engineer Justin Femrite,
Code Enforcement Officer Dave Hetrick, City Clerk Tina Allard,
City Attorney Peter Beck, and Recording Secretary/Sr.
Administrative Assistant Jennifer Johnson r.
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 6:30 p.m.b Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 09/02/2014 Agenda
Moved by Councilmember Motin and seconded by Councilmember Wilson to
*approve the September 2, 2014, 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 Minutes
• July 21, 2014 Regular
• August 4, 2014, Closed
• August 4, 2014, Regular
• August 11, 2014, Special Budget
• August 15, 2014, Canvassing Board
• August 18, 2014, Closed
• August 18, 2014, Regular
4.2 Check register as outlined in the staff report.
City Council Minutes Page 2
September 2,2014
4.3 Resolution 14-47 Acknowledging Donations for the Independence
Day Fireworks as outlined in the staff report.
4.4 Pyrotechnic Fireworks Display license for RES Specialty Pyrotechnics,
Inc., to conduct a pyrotechnic display at the Elk River High School
football field during high school football games on September 5, 19, 26,
and October 15, 2014, subject to the following conditions:
1. RES Specialty Pyrotechnics, Inc. shall arrange for site
inspections by the Fire Department the days of the pyrotechnic
displays. Applicant shall contact the Fire Marshal Cliff
Anderson at 763.635.1110 to schedule the inspections.
2. Additional display dates for 2014 can be added as authorized by
the fire chief. Applicant will be required to submit an
application for any additional dates.
4.5.A. Special Event Permit to the Elk River Golf Club/Three Rivers
Community Foundation for Saturday, September 20, 2014, with the
following conditions:
1. Alcohol must be limited to an area that is fenced in with
secured and controlled access. Age verification is required and
wrist band control is recommended.
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. The city will also provide a
list of the properties to be notified. The event planner must
submit an affidavit that the notice was distributed.
3. The Fire Department must inspect the outside area prior to the
event. Applicant is responsible for contacting the fire marshal at
763.635.1110 or 763.238.3489 to arrange for an inspection after
the tent and stage areas have been set up.
4. Event parking may not obstruct public roadways or render
them unsafe for vehicle or pedestrian traffic.
5. No electrical services shall be across any drive or walking
surface.
6. All temporary signs shall receive a permit prior to display.
7. All applicable noise ordinances must be followed.
8. Applicant is responsible for any costs associated with police
personnel. Invoice must be paid in full by the invoice deadline.
4.5.B. Special Event Permit for Broadway Bar and Pizza to hold a car show
on Sunday, October 5, 2014, with the following conditions:
1. 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. The notification must address the
anticipated increase in street parking.
2. On-street parking to be used for customers only.All display
vehicles must be confined to Broadway Bar and Pizza property.
3. 167`h Avenue must remain open to two-way traffic.
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4. Liquor is only permitted inside the building and on the patio,
and must be strictly enforced by bar staff.
5. Exterior sound systems/music must comply with city noise
ordinance.
6. Prior to display, all temporary signage shall receive the
appropriate permit.
7. Applicant must contact the Fire Marshal Cliff Anderson at
763.635.1110 or 763.238.3489 during event set up for a walk-
through inspection of the property to ensure property
accessibility to the buildings and adjacent properties is
maintained during the event.
8. Applicant must provide portable toilet facilities as outlined in
the application.
4.5.C. Special Event Permit to Early Childhood Family Education (ECFE)
for a 2K/5K scheduled for Saturday, October 11, 2014, subject to the
following conditions:
1. The event planner is required to notify businesses, residents,
and organizations abutting the routes. The city will provide a
template of the notice that must be distributed.The city will
also provide a list of the properties to be notified. The event
planner must submit an affidavit that the notice was
distributed.
2. Applicant shall be responsible for garbage clean-up
immediately following the event.
3. Walkers/runners are to utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures will be
permitted. It is each runner's responsibility to ensure the
streets/intersections are safe prior to crossing.
4. Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least three weeks prior to event to arrange for
police reserves.
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 Presentations, Awards, and Recognition
There were no presentations, awards, or recognitions.
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September 2,2014
7.1 Preliminary Plat: Roger Derrick/Washington Street Investors, LLC for
West Oaks Fifth and Sixth Additions - continued from August 18, 2014
Mr. Leeseberg presented the staff report and requested the public hearing be opened
and continued to October 6,2014, to allow staff time to continue working with the
applicant.
Mayor Dietz opened the public hearing. There was no one present to speak to this
issue. Mayor Dietz continued the public hearing to October 6, 2014.
7.2 Conditional Use Permit: Starbucks to Amend Planned Unit
Development Agreement Signage, 19171 Freeport Street - continued
from August 18, 2014
Mr. Leeseberg 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 Westgaard and seconded by Councilmember
Wilson to approve Conditional Use Permit, Case No. CU 14-15 to Amend the
Planned United Development Agreement with the following language:
4. No signage shall be permitted on the sides or rear of the building,
other than that required for delivery identification or traffic control.
For sides of buildings facing an arterial road, one sign not exceeding
20 square feet shall be allowed.
Motion carried 5-0.
8.1 Final Plat Resolution: Doug Warneke for DHJ Plat
Mr. Leeseberg presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
adopt Resolution 14-48 approving Final Plat to Douglas Warneke for DHJ
Plat, Case No. P 14-03, with the following conditions:
1. Surface Water Management Fee, one (1) lot at the rate applicable at the
time of Final Plat approval (currently $214).
2. All appropriate grading permits must be obtained prior to
commencing work on the site.
3. Grading and Erosion Control Plan be submitted and approved by the
city engineer prior to the issuance of building permits.
4. Water Availability Charge be paid prior to releasing the plat for
recording (currently $3,214.84).
5. Park Dedication shall be provided in the form of cash for one (1) lot at
the rate applicable at the time of Final Plat approval (currently $3,712).
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September 2,2014
6. Any item or condition found that indicates the site is likely to yield
information important to pre-history or history shall be reported to the
city immediately. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated
and work is authorized.
7. Service Connection Plan approved by city engineer.
Motion carried 5-0.
8.2 Class 5 Energy Memorandum of Understanding
Ms. Mroz presented the staff report.
Mayor Dietz asked if there was any cost to the city to participate in this grant.
Ms. Mroz stated the only cost was staff time to implement the program and
attendance at quarterly peer exchange meetings.
Councilmember Westgaard stated this was one area towards aligning with certain
tasks of the Energy City Commission Action Plan presented last month.
Councilmember Motin asked what actions would be required on behalf of city staff.
Ms. Mroz stated staff would be encouraged to implement behavior-based energy
conservation with simple things like turning off equipment and computers,and
proposing suggestions and ideas in the area of saving energy.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to approve the Class 5 Memorandum of Understanding between
Class 5 Energy and the City of Elk River as outlined in the staff report.
Motion carried 5-0.
8.3 Quiet Zone Funding
Mr. Femrite presented the staff report.
Mr. Simon provided figures and background information regarding the structure of
the payback and its effect on future city finances should there be future expenditures
to consider.
Mayor Dietz asked questions about funds available through the state.
Mr. Femrite stated the state currently is studying how to invest $2 million in funds
that have been allocated to safety improvements along rail oil corridors in
Minnesota. He stated the state is currently working on summarizing the safety needs
of these corridors,with Elk River's needs communicated as such, and the state
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would be making a recommendation to the legislation this fall on how the $2 million
will be spent.
Councilmember Motin expressed concerns with Elk River internally funding these
improvements and by doing so,would this lessen the city's need for state funds.
Mr. Femrite stated he didn't know how this would be viewed by the state.
Councilmember Motin asked how this inter-fund loan would show up on our
budget.
Mr. Simon stated it would be a line item in the city's total levy.
Mayor Dietz asked how much residents pay for this per year. Mr. Simon would
prepare a calculation.
Councilmember Westgaard asked Mr. Femrite what his thoughts were on the city's
probability of receiving grants or funding from the state level.
Mr. Femrite stated he presented a map to the state, evaluating the city's need for
safety upgrades at the three crossings at Main,Jackson, and Proctor,and outlined the
data to support the criteria the state uses to determine needs, such as traffic volumes,
risk index,proximity to schools, and proximity to senior housing. He stated this
information showed the city's crossings to have characteristics the state is looking for
to benefit from safety upgrades. He stated as it turns out at this point,the same
safety upgrades our city is reviewing and asking the state to consider also meets the
requirements for quiet zones.
Mayor Dietz asked if this request for an inter-fund loan was passed this evening,
would the city have quiet zones by the end of 2015.
Mr. Femrite stated that was the intention was to make the improvements have a
quiet zone completed by the end of 2015. He stated he had requested from BNSF
the preparation of the 4-quadrant gate agreement, similar to the wayside horn
agreement,in preparation of finalizing the needs towards any commitments the city
would be required to make to speed up the process,and has communicated these
needs to BNSF.
Councilmember Motin expressed concerns with Elk River internally funding these
improvements,lessening the city's need for state funds, and was the financing ability
of Little Canada and Shoreview expressed to the state in receiving funds.
Mr. Portner didn't know what other successful city's lobbying efforts were,but Elk
River would lobby this year and showcase the city's immediate need to make these
safety improvements. With a debt for the improvements,we would request relief for
the debt.
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September 2,2014
Mr. Simon stated that based upon the current net tax capacity of 0.47%, the average
household based upon a house valued at $175,000 taxpayers would pay between$6-7
per year towards repayment of the inter-fund loan.
Councilmember Motin requested the resolution include a condition that if the city
does does receive grant money from this program,that the money would be used
specifically for pay down of the debt.
Mr. Simon stated any grant funds the city received could be taken off the total
immediately so interest would not be incurred.
Moved by Councilmember Motin and seconded by Councilmember
Westgaard to adopt Resolution 14-49 authorizing an Inter-fund Loan for the
Implementation of Quiet Zone Improvements as outlined in the staff report
with the following additional condition:
6. All grand monies received by the city in order to implement the
quiet zone improvements shall be used to offset the debt.
Motion carried 5-0.
8.4 Set EDA and HRA Property Tax Levies
Mr. Simon presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt Resolution 14-50 approving the Housing and
Redevelopment Authority Tax Levy.
Motion carried 5-0.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt Resolution 14-51 approving the 2015 tax levy for
Economic Development purposes for the Elk River Economic Development
Authority.
Motion carried 5-0.
8.5 Stormwater Program Funding
Mr. Femrite presented the staff report with a PowerPoint Presentation.
Councilmember Motin stated he felt the fairest way to fund the stormwater program,
based on the information presented,would be to assess a utility fee structured so
those making the most impact would pay a higher fee.
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City Council Minutes Page 8
September 2,2014
Councilmember Westgaard stated he felt it best to take the recommendation of staff
and preliminarily chose Option 2 which would increase the levy by$450,000 to make
up the shortfall, and allow more time to receive what he felt was important feedback
from the community to educate and receive feedback on funding options.
Councilmember Wilson stated he agreed with Councilmember Westgaard by
choosing Option 2 at this time,but felt a utility fee was a more equitable and
consistent approach to generate funds, and felt it seemed to work in other cities as a
more acceptable approach to pay for essential needs.
Mayor Dietz agreed with Councilmember Wilson but didn't want to impose another
fee and preferred Option 3 at this time. He also wanted to gauge public input
and by increasing the levy at this time by$450,000 this allows staff time to gauge the
community's input.
Councilmember Burandt stated she agreed with Mayor Dietz and Councilmember
Motin.
Councilmember Motin asked if the figure of$450,000 could be reduced.
Mr. Portner stated staff is being incredibly conservative based upon a number of
conditions facing the city's 384 stormwater ponds, such as this year's wet spring,lack
of ongoing invasive repair and expansion on these ponds, and the degree and cost of
maintenance that's unknown until work begins. He stated they are uncomfortable to
propose a figure now and then have to increase that figure in 2-3 years.
After further discussion,it was the consensus of the Council to preliminarily include
the additional$450,000 in setting of the maximum tax levy, thereby allowing for staff
to gauge public input and come back with the communities preferred option ahead
of a final decision in November.
8.6 Yale Street Feasibility Study
Mr. Femrite presented the staff report and feasibility study.
Mayor Dietz stated the property owners in this area are extremely sensitive to this
project and the city should remain as transparent as possible in communicating with
the affected property owners. He requested staff send a letter to them explaining the
feasibility study,provide a copy of the report, and offer an open house to
communicate details of the project in person.
Mr. Femrite agreed to communicate with the property owners to inform them about
findings of the study and the future impacts of a project. This project is not
currently listed in the City CIP and construction may be years away.
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Councilmember Motin asked about the property owned by Scott Powell and felt due
to its location,it was a piece of property that should be acquired sooner rather than
later.
Mr. Femrite stated Economic Development staff is currently working with Mr.
Powell on this parcel of land.
Counselor Beck stated he has also had discussions with staff about the Powell
property and agreed this property is anticipated to be acquired to accommodate for
future right of way needs.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the preliminary feasibility report for the Yale Street Improvements as
outlined in the staff report.
Motion carried 5-0.
8.7 Emergency Action Plan Update
Chief Cunningham presented the staff report.
Mayor Dietz asked questions regarding the potential of train derailment, evacuation
procedures, the potential for explosions, and if this changes parts of the action plan.
Chief Cunningham stated the threat of train derailment and/or explosion of an oil
tanker has always been a risk the city has faced daily due to the long-term presence
of train tracks running though the city. The main focus of this plan is to minimize
known risks, educate and train first responders, recognize and respond to each
situation, and recognize the large scale response utilizing surrounding community's
assistance in emergency action efforts.
8.8 Discuss Work Session Items
Mr. Portner presented the staff report.
Mayor Dietz asked when the city would meet with Sherburne County to discuss
ditches.
Mr. Portner stated a discussion would be scheduled for the September 15 Council
meeting and Sherburne County would be notified.
Mr. Portner reminded the Council of the special budget worksession meeting
scheduled for Monday, September 8, 2014, at 6:00 p.m.
9. Council Liaison Updates
Due to time constraints,Mayor Dietz asked that this item be placed on the
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September 15, 2014, agenda.
Council adjourned at 8:28 p.m. in order to go into worksession. Council reconvened at 8:33
p.m.
10.1 Enforcement Update for Placement of Signs
Chief Cunningham presented the staff report. Ms. Allard and Mr. Hetrick were also
present to provide input to the sign enforcement communication process.
Mr. Hetrick outlined the summer sign enforcement process, noting he took a
different approach in addressing improperly placed signs. He felt this approach was
overwhelmingly positive as he saw a decrease in the number of signs improperly
placed. He stated only on a few occasions were people upset for having to move
their signs, and appreciated being informed rather than having their signs removed.
He felt it was a better use of staff time to approach and educate residents about sign
placement instead of pulling improperly placed signs without explaining why. Mr.
Hetrick stated he enforces city and some county roads,noting Highways 10 and 169
were MnDOT's territory. Mr. Hetrick stated he found businesses and real estate
signs were also placed improperly and all signs encountered were enforced equally;
however,he found it sometimes difficult to find ownership of the signs as
sometimes the business advertised was not located in Elk River.
Chief Cunningham remarked that not all signs that are pulled are done so by city
staff;he stated MnDOT crews also pull signs improperly placed in the highway right
of way. He stated signs that are pulled by city staff are brought to the maintenance
facility for residents to retrieve during business hours, but no log is kept of where the
signs were found and to whom they belong. He agreed that a uniformed officer
educating the public on proper sign placement is a far more effective way to enforce
the sign ordinance.
Mayor Dietz stated he had concerns that citizens are feeling angst in not receiving
their signs back and wondered what our process was and what other cities did.
Ms. Allard stated the campaign for sign enforcement supported the use of signage
and educated citizens regarding the proper placement of signs in the city. She stated
staff focused on education of a right of way by using graphics in literature. She
further noted that the best campaign utilized was having Mr. Hetrick personally
connect with community members who were in violation of the ordinance. She
stated staff took an additional step to help garage sale people by handing out
additional resources to promote their sales such as using specialty apps and websites
geared toward garage sales.
Mayor Dietz asked for comments from several residents in attendance at the
meeting.
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Jim Brindley, 12110 Ridgewood Drive, commented he felt enforcement was not
being applied equally, expressing concerns with political and real estate signs
improperly placed but not being removed:
Mae Thompson, 1034 Main Street, commented the city's enforcement of garage
sale signs was unfair and felt garage sales were targeted more than other signs.
Wally Fox, 514 5 '/Z Street NW, commented he felt enforcement was not being
applied equally for all signs and felt politician's sign weren't being removed. He
expressed frustration with retrieving his signs after they were pulled, and felt the
ordinance wasn't working as written.
Mr. Hetrick commented he pulled all signs no matter the content but also
appreciates receiving phone calls of specific areas that he may not be able to catch.
Councilmember Burandt stated she'd like to see more consistency with sign
enforcement and if staff can't be consistently enforcing signs, then the enforcement
needs to change. She referenced the city of Maple Grove's ordinance. She felt the
education pieces used for the public were important and felt the city should allow
smaller signs to be placed as long as they're picked up in a timely manner.
Councilmember Motin stated he felt enforcement should continue in a uniform and
consistent manner and noted the importance of the education piece, stating it should
be expanded to include all types of signs, not just garage sale. He further noted the
Visioning Plan goal the Council adopted regarding beautification of the city.
Councilmember Westgaard stated he also felt enforcement should continue in a
uniform and consistent manner and education pieces should be directed at the real
estate and business community. He noted the need for city beautification and the
increase in staff time to continue enforcement efforts. He also expressed concerns
with people taking signs that didn't belong to them.
Councilmember Wilson stated the ordinance should continue to be enforced as it has
been,also noting the need for city beautification and the fact that Mr. Hetrick is one
person enforcing all ordinances in the city,not just signs.
Mayor Dietz agreed with Councilmember Burandt's comments and asked if staff
would further study surrounding communities and their ordinances. He asked
questions specifically about Maple Grove's ordinance and why Elk River can't model
their ordinance after them.
Counselor Beck commented that Maple Grove's ordinance may contain things that
aren't constitutional. He also noted signs cannot be treated differently based upon
what they're advertising and cannot be regulated based upon the content.
Chief Cunningham stated this type of enforcement is often complaint driven,and
encouraged people to contact the city if they see areas that require enforcement. He
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stated there are other responsibilities other than sign enforcement that's required of
the code enforcement officer and because the city was large,it was impossible for
him to continually enforce the sign ordinance every day.
It was the consensus of the Council to have staff review surrounding communities
and their sign ordinances and provide this information to the Council on December
1, 2014.
10.2 Personnel Policy Manual Update
Mr. Portner presented the staff report.
After discussion,it was the consensus of the Council to place these updates on a
future consent agenda for approval.
11. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:42 p.m.
Minutes prepared by Jennifer Johnson.
John J. Dietz,Mayor
Tina Allard, City Clerk
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