04-20-2015 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, April 20, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Pormer, Parks and Recreation Director
Michael Hecker, Finance Director Tim Simon, Park Planner Chris
Leeseberg, Environmental Technician Kristin Mroz, Community
Operations Development Director Jeremy Barnhart, Recreation
Manager Steve Benoit, City Attorney Peter Beck, Parks Maintenance
Supervisor Rodney Schreifels, and City Clerk Tina Allard
Also Present: Elk River Municipal Utilities General Manager Troy Adams and
Parks and Recreation Commissioner Dave Anderson
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 /20/2015 Agenda
Item 11.1 was removed from the agenda and Item 7.2 regarding an administrative
subdivision was added to the Public Hearing section.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the April 20, 2015, agenda as amended. Motion carried 5 -0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 April 6, 2015, regular minutes.
April 13, 2015, Board of Appeal and Equalization.
4.2 Check Register, check numbers 9799 and 91714 -91892 as outlined in
the staff report.
4.3 Pay estimates as outlined in the staff report.
City Council Minutes
April 20, 2015
Page 2
4.4.A Special Event Permit to Dawn of Discovery Daycare, 19280 Evans
Street for Saturday, May 16, 2015, subject to 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. The city will also provide a list of
the property owners who must be notified. Event planner must
submit an affidavit that the notice was distributed.
2. Inspection of the outside area will take place prior to the event if
there is a tent. Applicant must contact Fire Marshal Cliff Anderson
763.635.1110 for an inspection after the tent area has been set up.
3. If there is a tent, it shall be removed within one day of the event
and the site returned to its previous condition.
4. No parking allowed on the north side of the daycare (fire lane).
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.
4.4.11 Special event permit to Salk Middle School for 5K walk /run scheduled
Saturday, May 16, 2015, subject to the following conditions:
1. The event planner is required to notify property owners abutting
the route. The city will provide a template of the notice that must
be distributed. The city will also provide a list of the property
owners who must be notified. Event planner must submit an
affidavit that the notice was distributed.
2. 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
and intersections are safe prior to crossing.
3. Applicant shall be responsible for garbage clean -up immediately
following the event.
4. No paint allowed anywhere on trails. Chalk or cones may be used.
5. Applicant must contact Police Captain Darren McKernan
(763.635.1202) at least three weeks prior to event to arrange for
police reserves
4.4.0 Special event permit to the YMCA for 5K walk /run scheduled
Saturday, June 13, 2015, subject to the following conditions:
1. Applicant is responsible for garbage clean -up immediately
following the event.
2. No paint allowed anywhere on trails. Chalk or cones may be used.
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.
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April 20, 2015
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4. The YMCA shall designate race marshals to monitor the race route
and participants and contact Police Captain Darren McKeman at
least three weeks in advance to arrange for police reserves.
5. Public walkways may not be blocked.
4.5 Position Description for Crime Prevention Specialist.
4.6 Change full-time community service officer I position to two part-time
24 -hour per week positions.
4.7 Renewal of retail sales /storage of fireworks license to Walmart 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.
4.8 Resolution #15- 17 Accepting Bid and Authorizing Execution of
Contract in the Matter of the 2015 Street Improvement Project.
Direct staff to prepare Change Order #1 adding the mill and overlay of
196th Avenue between CSAH 1 and Lander Street to the project.
4.9 Purchase agreement for contingent sale of Lots 1 and 2, Block 2,
Natures Edge Business Center II to Envision Companies, dba
Sportech, Inc.
4.10 Elect not to waive the statutory tort limits for liability insurance.
4.11 Amendment to the Business Subsidy Policy as outlined in the staff
report.
4.12 Massage therapist license to Kim Purmort at Little Rejuvination
Station, 705 Main Street valid through December 31, 2015.
4.13 Direct staff to initiate a rezoning of a portion of the county property to
facilitate a data center.
4.14 Amendment of the purchase agreement received for Lot 1, Block 2,
Natures Edge Business Center (NEBC) as outlined in the staff report.
Motion carried 5 -0.
S. Open Forum
No one appeared for Open Fonun.
6.1 City of Elk River Volunteer of the Month - Mayor Dietz
Mayor Dietz introduced, read, and presented a plaque to April Volunteers of the
Month, Merle and Diane Buchan. He noted the following volunteering
accomplishments:
Merle
Volunteer in Guardian Angels housing area
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City Council Minutes
April 20, 2015
Page 4
• Meals on Wheels
• Known as Mr. Fixit at Guardian Angels
• Past volunteer at the Activity Center, Artsoup, and Great River Faith in Action
Diane
• CAER quilter
• Crafter at the Activity Center
• Meals on Wheels
• Volunteer at Guardian Angels Care Center and housing area
6.2 Resolution: Accepting Donation from Elk River Baseball
Mr. Hecker presented the staff report. He noted representative Dave Lodetmeier
was in attendance.
Council thanked Elk River Baseball for their donation.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to adopt Resolution 15 -18 Acknowledging Contributions from Elk River
Baseball. Motion carried 5 -0.
6.3 Introduction of New Employee: Amanda Othoudt
Mr. Barnhart introduced Amanda.
Ms. Othoudt discussed her background and noted she is excited to be here.
Mayor Dietz commented that Ms. Othoudt has done an outstanding job to date.
6.4 Electric Service Territory Update
Mr. Adams presented the staff report.
Mayor Dietz stated this will be a tremendous benefit to Elk River Municipal Utilities
and the city; he further commented Mr. Adams deserves a lot of credit to make this
agreement happen without the need for litigation.
7.1 Variance for Sign, Farmers Insurance
Mr. Leeseberg presented the staff report and noted the applicant has requested this
item be delayed to June 15, 2015.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to June 15, 2015.
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City Council Minutes Page 5
April 20, 2015
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7.2 Administrative Subdivision Procedure by Simple Plat
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 Councihmember
Wagner to approve Administrative Subdivision by Simple Plat with the
following conditions:
1. Park dedication shall be paid for two (2) dwelling units at the rate
applicable at the time the lot split is released for recording. The 2015 rate
for residential is $3,712 per dwelling unit.
2. The last 150 feet of the roadway should be reconstructed to fit within the
proposed right -of -way.
3. A drainage and utility easement shall be placed over the wetland and
wetland buffer areas, following acceptance of the wetland delineation.
Motion carried 5 -0.
8.1 Rivers Edge Commons Park Concept Plan
Mr. Hecker presented the staff report and introduced Amy Bower with Hoisington
Koegler Group, Inc.
Ms. Bower reviewed the concept plan and phasing options. Costs and funding
sources were discussed.
Mayor Dietz stated his concern is people being able to get too close to the stage and
whether the dock would be allowed by the Department of Natural Resources
(DNR). He also stated he would like to see certain trees removed from the park prior
to the concert season this year.
Mr. Hecker stated the DNR needs to see the dock concept before approving it but
noted they discourage permanent docks. He further stated the Parks and Recreation
Commission doesn't support the dock.
Councilmember Westgaard questioned if any parking spaces would be lost and if the
surrounding businesses had any comments.
Staff noted up to five spots could be lost and the downtown group was supportive
of the concept.
Councilmember Wagner expressed concerns with the down time for businesses if
the electrical box is moved and with the safety of the dock area.
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April 20, 2015
Mr. Hecker stated some businesses would lose power for about 5 -6 hours.
Councilmember Burandt stated she is glad to see a long -term plan for the future but
is also concerned for water safety.
Commissioner Anderson stated the commission hasn't discussed the concept plan
costs and priorities in comparison to the whole city's parks and recreational needs.
Staff was directed to come back with a breakdown of costs and funding sources.
Moved by Councihember Westgaard and seconded by Councilmember
Olsen to accepting the Rivers Edge Park Concept Plan. Motion carried 5 -0.
Mayor Dietz read a statement noting the Council would recess to a closed meeting
per MN Statute Section 13D.05, Subd. 3c to discuss the purchase of Lot 4, Block 1
of Mississippi Ridge Second Addition.
Council recessed at 7:18 p.m. in order to meet in a closed session
10. Reconvene Regular Meeting
Council reconvened the regular meeting at 7:33 p.m.
11.1 Snow and Ice Control Policy
This item was moved to May 4, 2015.
1 1.2 Sustainability Award Program
Ms. Mroz presented the staff report.
Council consensus was to move forward with the Sustainability Award Program.
11.3 221' Avenue Trail
Mr. Hecker presented the staff report.
Commissioner Anderson stated costs would include purchasing land from unwilling
sellers for a trail connection and trail construction. He stated this area is not a
priority with the parks and recreation commission because there are many other
priorities with a higher need.
Mr. Hecker noted the total vehicles traveling on the road per day were low with an
average speed of 46 miles per hour.
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April 20, 2015
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Commissioner Anderson stated the best low cost option would be to move the
parking along Quinn Street
Bonnie Schmitz, 12495 225" Avenue, stated the traffic survey was completed when
road restrictions were in place. She stated there is not enough room for everyone to
park on Quinn Street. She commented trails and connections were a high priority of
the Parks Master Plan and felt this was a safety concern.
Councilmember Westgaard stated part of developing a parks master plan is listening
to residents. He stated Council is hearing from residents in the northern part of the
city who feel a trail connection to the Great Northern Trail is needed. He stated it
should be factored into the master plan. He stated parking defeats the purpose of
trying to provide a trail connection for residents in the area. He questioned if a bike
lane could be created on the north side of 221" Avenue with an expanded shoulder.
Commissioner Anderson stated there is no right -of -way on this road. There are
many similar situations throughout the community with much higher traffic and
population nearby who also want a trail connection and he doesn't want to diminish
the importance of every single one of them. He stated the trail connection won't
solve the parking issue because there are residents not living in the area who park at
this location.
Councilmember Wagner stated staff and the commission put a lot of time and hours
into solutions. She stated she felt the best option was to take the parked cars off 221"
Avenue to help eliminate part of the problem with traffic, parked vehicles, and
cyclists using the same roadway.
Paul Schmitz, 12495 225h Avenue, stated he likes Option B trail because it would
be the shortest trail to build.
Gretchen Hansen, 12648 224" Court, stated Ms. Schmitz has been working on this
for eight years and it's discouraging that the only change will be no parking signage.
There was discussion on why there would be no right -of -way for this road and
questions as to why it went from a county road to a city road.
Council consensus was the following:
Deny installing a trail from the Great Northern Trail to the Ridges of Rice Lake
development for the following reasons:
1. A majority of the affected property owners are not interested.
2. Poor cost /benefit estimate.
I The trail is identified as a low priority in the draft Parks and Recreation
Master Plan.
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April 20, 2015
4. Installation of "No Parking" signs around the intersection of the 221"
Avenue and the Great Northern Trail utilizing a nearby street for parking.
Staff was directed to look into when road ownership changed and the right -of -way
status.
11.4 Independence Day Celebration Location
Mr. Benoit presented the staff report
Mayor Dietz stated there would be increased police costs with moving fireworks to
Lake Orono. He stated the current high school location is more accessible and has
better traffic flow and he is not interested in moving them. He noted the city is
already paying $15,000 for fireworks and he is not interested in increasing taxes to
property owners any higher for the event. He stated if an organization wanted to
raise money and organize the event he might think differently about the location.
The following residents spoke at different times during this discussion:
Jake Nelson, 18636 Simonet Drive
Craig Lupien, 18585 Landers Street
Stan Denne, 18645 Simonet Drive
Jim Snetsinger, 18648 Simonet Drive
Rickie Buttweiler, 12891 — 187 s Circle
Ed Buttweiler, 12891 — 187th Circle
A resident questioned if the fairgrounds could be used for parking. He stated he
knows traffic will be an issue for a while but everyone will get through eventually.
Councilmember Wagner questioned the residents in attendance if the area owners
are interested in attracting more people to the lake on that day. She further stated
local organizations need to step up and be responsible for the organization of the
event.
A resident asked what the Council would want for donations to make the fireworks
happen at Lake Orono. They stated they would like to keep the event size as it is
now and see it grow in the future.
A resident stated they used to see big crowds for the fireworks event but doesn't feel
these numbers are happening anymore at the current location.
Councilmember Wagner discussed the work and commitment that goes into event
planning and noted the previous organization disbanded because they didn't have
enough volunteers who wanted to do the work and be away from their families over
the holiday. She stated the event had a good turnout.
A resident commented the only thing that would increase would be police costs.
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Police Detective Joe Gacke stated historically 90% of police staff, plus reserve
officers, were needed to work the event when it was at Lake Orono, but now only
two overtime offices are needed. He stated traffic lights at the current location are
very effective at assisting in traffic management.
A resident stated they are looking for a commitment from the city to move the event
to Lake Orono and then the volunteers would come forward.
Mayor Dietz noted the order should be having the volunteers in place first before
moving the event. He stated he didn't think cities typically host and pay for
Independence Day celebrations in other communities. He stated most people don't
want to work on Independence Day because they want to be with their families.
Mr. Benoit referred to a survey completed by staff last year which showed a majority
of Independence Day events are operated by civic volunteer groups.
Councilmember Burandt questioned what it would cost to have the fireworks at
Lake Orono without any additional activities added.
Dan Kreuser, 18593 Simonet Drive, discussed past history of the fireworks and
referred to childhood memories of young kids enjoying fireworks by the lake and felt
the city shouldn't worry about tax dollars in order to create these same memories for
today's kids. He suggested bringing the event back in small form and it will draw
volunteers.
Chris Bickman, 18560 Simonet Drive, stated fireworks should be on the lake.
Detective Gacke stated people will come to the park all day if the fireworks are
moved which will require public safety services and the department would have to
staff for timely service. He stated there is a lot of traffic that parks on Highway 10,
which creates a safety hazard and requires officers to be stationed at key positions to
get pedestrians across the highway.
Councilmember Olsen stated he would love to see them back at Lake Orono but
questions staffing at both locations. He also stated concerns regarding the impact to
the YMCA.
Councilmember Burandt asked if cost comparisons could be done for both
locations.
Councilmember Wagner stated there is always a solution to the various issues for this
location, but at what price. She stated she would like local organizations to take over
the event. She stated she would need more information regarding parking and hours
of the YMCA. She noted the Lake Orono residents would have the benefit of
watching the fireworks from their backyards and questioned if there was a volunteer
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group that would stem from their community to participate in organizing the event
and fundraising.
A resident questioned why they need to create an event when the city is already
doing it at the high school.
Councilmember Wagner stated the city doesn't have to have an event, but if Lake
Orono residents are asking the city to move it, then some costs of the event need to
be covered.
Mr. Portner questioned what volunteers are needed for park trash and restroom
cleanup.
Mr. Schreifels stated extra trash cans would be needed and volunteers in the past
have done most of the cleanup. He stated it may be slightly more work before and
after the event but without sitting down and crunching the numbers he wouldn't
have a good handle on it at this point.
Councilmember Westgaard stated he is not opposed to fireworks at Lake Orono but
it comes down to costs, the role of the city, and other organizations coming forward
and running the event. He further stated he has concerns of the timeline for making
the event happen this year. He noted these requests can't come in at the last hour
and there needs to be some planning throughout the year prior to the event.
Chief Cunningham stated he has attended past organization committee meetings. He
stated there is a lot of enthusiasm at first but after a few years it wanes. He stated
civic engagement is needed for logistics, coordination of efforts, advertising, and
weather. He stated the small canisters placed around the community didn't generate
much revenue and there wasn't much financial support from the community to keep
the event going every year. He stated the city can put numbers together for funding
of an event but it's really the organization that is needed to run the event every year.
He stated the event was a lot of work to host at Lions Park and it will be even more
if the event is moved to Lake Orono.
Mr. Hecker stated the contract will need to change based on the location of the
event. He stated the size of the fireworks will decrease due to population density of
the area.
Councilmember Olsen questioned if the Lake Orono Association would be willing to
step up and take on this event.
A resident stated the organizational membership has dwindled.
Councilmember Westgaard stated there is not enough time this late in the year due
to community funding needed, community support /commitment to the event, and
the logistics to switch the venue in a short timeframe. He suggested it stay at Lions
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Park for 2015. He stated there needs to be an organization who takes the lead on the
event.
Mayor Dietz and Councihnember Olsen concurred.
Mayor Dietz noted the city has always kicked in $10,000 for the event and because a
group didn't take it on, has upped that amount to $15,000. He further stated he does
get calls from residents who question why the city is paying for fireworks with tax
payer money but he felt the fireworks were important and he didn't want to see them
go away completely.
Councihnember Burandt further noted the city has had to kick in other in -kind
services with some of the logistics and coordination.
Councilmember Wagner stated she is currently working on a large event for her own
business scheduled in September and 60 days is not a lot of time to plan something
this large. She stated she would hate to see it moved so quickly and expressed
concern that the event may not be done right with staffing, cleanup, and emergency
personnel. She encouraged Lake Orono residents to be one of the groups to assist
with coordinating the event.
Mr. Benoit noted the city hasn't had a chance to discuss the event with the state
patrol and county sheriff, so they can include this event in their budget and planning,
which happens during a normal budget cycle.
Mayor Dietz suggested keeping this item as a regular topic on the Council agenda.
Council consensus is to have staff put together budget costs to have an
Independence Day event so any organization can step up will know the approximate
costs.
12. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:22 p.m.
4JoJ. 4Ditz, Ma r
Tina Allard, City Clerk
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