04-06-2015 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, April 6, 2015
Members Present: Mayor Dietz, Councilmembers Burandt, Westgaard, and Wagner
Members Absent: Councilmember Olsen
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon, Planner I Zach Carlton, City Attorney Peter Beck, Fire
Chief John Cunningham, Police Chief Ron Nierenhausen, Human
Resources Representative Lauren Wipper, and City Clerk Tina Allard
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. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 04 /06/2015 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the February 17, 2015, agenda. Motion carried 4 -0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the following consent agenda:
4.1 March 16, 2015, regular minutes
4.2 Check Register, check numbers 9796 - 9798 and 91511- 91713 as
outlined in the staff report.
4.3 Retail Sales /Storage of Fireworks License to Menards Elk River valid
through June 30, 2016 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. The Fire Department must conduct an inspection of the fireworks
display prior to fireworks sales. Applicant is responsible for
contacting the fire marshal for an inspection at 763.635.1110 after
the fireworks display is set up.
4.4 Special event permit to Zylstra Harley Davidson to hold special events
as outlined in the staff report -with the following conditions:
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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.
2. Inspection of the outside area will take place prior to each outside
event when there is a tent. Applicant must contact the fire marshal
at 763.635.1110 for an inspection after the tent area has been set up.
3. The tent shall be removed within one day of the event and the site
returned to its previous condition.
4. Event parking may not obstruct public roadways or render them
unsafe for vehicle or pedestrian traffic.
5. If traffic becomes a problem around the temporary site, the area
shall be delineated with a barrier to restrict traffic.
6. No electrical services shall be across any drive or walking surface.
7. All temporary signs shall receive a permit prior to display.
8. Alcohol sales /service must comply with all applicable local and
state laws.
4.5 Transient Merchant License to Allen Pantelis to sell product from the
parking lot of Wash -n -Fill, 18296 Zane Street on weekends from May
through September subject to 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 no product 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 8x12.
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.
4.6 Update to Financial Management Policy as outlined in the staff report.
4.7 Release of Lot 2, Block 1, Elk River Crossing Sixth Addition,
Sherburne County, MN, from the Elk River Crossing Planned Unit
Development Agreement.
4.8 Hire Harley Lenart, Reid Ellanson, and Colin Myhro to the position of
police officer effective April 7, 2015 as outlined in the staff report.
4.9 Promote Justin Ege to Patrol Sergeant effective April 7, 2015 as
outlined in the staff report.
4.10 Award contract for 2015 Seal Coat Project to Caldwell Asphalt
Company, Inc. in the amount of $228,891.76.
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4.11 Developer Agreement for Prestigious Woodland Hills Third Addition.
4.12 Promote Anthony Seibert to the position of Ice Arena Maintenance
Supervisor effective April 7, 2015, as outlined in the staff report.
4.13 Planned Unit Development Agreement for West Oaks Planned Unit
Development.
4.14 Planned Unit Development Agreement for West Oaks 5`h Addition.
Motion carried 4 -0.
S. Open Forum
No one appeared for Open Forum.
6.1 Oath of Office, Patrol Sergeant
Chief Nierenhausen provided Mr. Ege's background.
Mayor Dietz administered the oath of office.
6.2 Energy City Commission Interview
Council interviewed Trish Curtis.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to appoint Trish Curtis to the Energy City Commission as an energy-
related business through February 28, 2018. Motion carried 4 -0.
6.3 Proclamation: National Mayor's Day of Recognition for National
Service
Mayor Dietz discussed the meaning for the Mayor's Day of Recognition and read a
Proclamation.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve a proclamation in recognition of National Service in
Elk River, Minnesota. Motion carried 4 -0.
6.4 Donation from Mike Ethen in Memory of Dennis and Colleen Ethen
Mayor Dietz recognized and thanked Mike Ethen who donated, in his parent's name,
$1,000 to be used toward the Houlton Farm Conservation Area and a naming
contest for the land.
Moved by Councilmember Burandt and seconded by Councilmember Wagner
to adopt Resolution 15 -16 acknowledging contributions. Motion carried 4 -0.
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April G, 2015
S. � Fire Department Ladder 0 Change Order
Chief Cunningham presented the staff report.
Mayor Dietz questioned if this type of vehicle ages faster due to being utilized less
than other vehicles.
Chief Cunningham stated the truck is 25 years old and in good condition considering
its age. He further stated his department has been working on ways to utilze the
vehicle more due to minor changes that have been made to upgrade it.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve a total project budget of $246,209.50 for the refurbishment
of Ladder Truck 1. Motion carried 4 -0.
Burning Ban
Mayor Dietz questioned if the city is still under a burning ban due to dry conditions.
Chief Cunningham stated the city is under burning restrictions, which means the
public can have a recreational fire but stated he urges extreme caution. He stated
even if a legal recreation fire gets out of control, a person can be hit with some hefty
fines from the state and pay the costs of the incident.
8.2 Gravel Mining Plan
Mr. Barnhart presented the staff report. He noted this Plan is the first step for the
overall vision of this area. He stated Council will need to continue to review the area
to see if the city's expectations of land uses are appropriate for the constraints of the
area, such as transportation and taxing. He stated once the Plan is accepted by
Council, staff will move forward studying the costs /implications for providing
infrastructure, such as water and sewage treatment facilities. He stated staff would
then come back to Council to possibly change land uses or redirect some of the
density or phasing.
Mayor Dietz questioned how staff would utilize this Plan when requests (such as
zoning) come forward.
Mr. Barnhart stated the Plan would be shared with the public so they know Council's
expectations for the area.
Councilmember Westgaard stated it is important the city accepts the Plan and to
have as another step in giving property owners an opportunity to see what the city
envisions in the future. He noted actual phasing will be based on property owner
goals and the timing at which they are ready to move forward.
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April 6, 2015
Moved by Councilmember Westgaard and seconded by Councihnember
Wagner to accept the Gravel Mining Plan. Motion carried 4 -0.
8.3 Distress VVorksession Items
Mr. Portner presented the staff report.
Councilmember Wagner added Independence Day fireworks location discussion.
9. Council Liaison Updates
The Council provided updates of the work of the various boards /commissions.
Councilmember Westgaard noted he was asked to participate in a deer management
group with the Park and Recreation Commission, staff, and Department of Natural
Resources.
Open Forum, Reopened
Jim Akers, with Minnesota Central Council, invited everyone to the Boy Scout
Breakfast scheduled Thursday, April 30, at 7:00 a.m. He discussed the Boy Scout
organization.
Mayor Dietz noted the city has used Eagle Scouts on several parks projects and they
do great work.
Council recessed at 7:12 p.m.
Council reconvened in worksession at 7:15 p.m.
10.1 Crime Prevention Specialist Pcsition
Mr. Portner provided background about this position.
Chief Nierenhausen discussed how this position started as a Community Service
officer (CSO) and how much the crime prevention program has grown. He stated a
CSO position should be converted to a crime prevention specialist position so the
city can go to market for a candidate certified and experienced to operate and expand
this program.
Mayor Dietz asked for examples of new programs that could be implemented with
this position.
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Chief Nierenhausen suggested adopting a neighborhood, crime prevention through
environmental design, and acting as a conduit between the public and police
department.
Council discussed pay and benefits.
Council consensus was to move forward with this position.
i 0o2 Community Service Officer Vacancy
Mr. Portner discussed past history with the CSO position going from full-time to
part -time status at various times.
Council consensus was to move forward with changing the position back to two
part -time positions.
i 0.3 Focused Area Study: Southern Two n Lakes Road Business District
Mr. Carlton presented the staff report. He noted the land use has already been
incorporated into the Comprehensive Plan and staff is bringing in the rezoning so
they match the land use areas.
Councilmember Westgaard compared the Focused Area Study (FAST) with the
Gravel Mining Plan (Plan) adopted earlier tonight. He noted the Plan will be driven
by property owners and questioned, because the city is changing the zoning, if
property owners are now asking for this change.
Mr. Carlton stated staff is moving forward with the rezoning to match the land use
reflected in the Comprehensive Plan. He further noted all the uses in the Southern
Twin Lakes Road Business District currently operate as a permitted or conditional
use and with the rezoning they will continue to be able to operate in the same way.
Attorney Beck noted no business will be made to become a legal non - conforming
use as a result of these zoning ordinance amendments.
� 0.4 F- Cigarette Regulation for Indoor Public Places
Ms. Allard presented the staff report. She further noted there is a bill introduced at
the legislature looking to restrict e- cigarette use similar to tobacco in the Minnesota
Clean Indoor Air Act (MCIAA).
Mayor Dietz stated he was in favor of prohibiting the use of e- cigarettes in the same
locations tobacco is currently prohibited per the MCIAA.
Councilmember Burandt concurred.
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Councilmember Wagner stated she typically is not in favor of adding more
restrictions on businesses but she also doesn't like the use of e- cigarettes at public
locations.
Councilmember Westgaard stated he doesn't like to be more restrictive than state law
and has an issue with limiting the use of e- cigarettes in a private work place. He
further questioned the Chamber as to how their members feel about this subject.
Debbie Rydberg, Elk River Area Chamber of Commerce stated she hasn't polled
her members to get their opinion on this issue. She stated you can drive businesses
away when you create a barrier that is more restrictive than your surrounding
communities. She stated typically businesses don't like more regulation from
government.
Council consensus was to wait and see what happens at the state level and to bring
this item back if the law does not change in regards to prohibiting e- cigarettes in
indoor public places and indoor places of employment.
Council consensus was to direct staff to have the Parks and Recreation Commission
review the parks policy for e- cigarette use in city parks.
10.5 Compensation plan
Mr. Portner presented the staff report. He discussed past market and economic
impacts, organizational changes, and pay philosophy.
Council consensus was to create a Personnel Committee.
Mayor Dietz stated he would think about serving on the committee.
Councilmember Westgaard agreed to serve on the committee.
Council concurred a wage incentive program is a good idea.
II. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:09 p.m.
'4n . Die Mayor
Tina Allard, City Clerk
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