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05-04-2015 CCM�A Meeting of the Elk River City Council ver Held at the Elk River City Hall Monday, May 4, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, Park Planner Chris Leeseberg, Chief Ron Nierenhausen, Economic Development Specialist Colleen Eddy, Community Operations and Development Director Suzanne Fischer, Street Superintendent Mark Thompson, Fire Chief T. John Cunningham, Economic Development Director Amanda Othoudt, City Attorney Peter Beck, and Senior Administrative Assistant /Recording Secretary Jennifer Johnson 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 05/04/2015 Agenda Mayor Dietz added item 4.14 to the Consent Agenda, Accept Proposal to Remove Houlton Farm House, and added item 9.1, Rivers Edge Commons Park. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the May 4, 2015, agenda as amended. Motion carried 5 -0. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 April 20, 2015, regular and closed meeting minutes. 4.2 Check Register, check numbers 9800 -9801 and 91893 -92037 as outlined in the staff report. 4.3.A. Special Event Permit for Elk River Area Arts Alliance for ArtSoup subject to the following conditions: 1. Applicant must obtain property owner permission for the use of any private property. City Council Minutes May 4, 2015 Page 2 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. the day of the event. 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 Sat. June 27 6:00 a.m. — 7:00 p.m. Special Event This Block The ERAAA is responsible for printing the signs and they must meet the following requirements: ■ Black or red lettering on white background. The NO PARKING font shall be bold and a minimum of 2" in height. ■ Sufficiently weather resistant as to remain flat and legible during all weather conditions. ■ Must be firmly affixed to wooden lath. • The ERAAA must provide 50 signs to adequately post the event area. • The signs must be provided to the Police Department AT LEAST 48 hours prior to the event. ■ Event organizers are responsible for removal and storage of the signs immediately following the event. 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 polio [I ey NATURE City Council Minutes Page 3 May 4, 2015 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 not listed below): Geyer Rental — Traffic Division 320.253.9005 ■ Warning Lites 612.521.4200 ■ Transignal763.241.0789 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 Department staff Rodney Schreifels 763.635.1123 or Steve Stoffers 763.635.1125 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 p01ERI1 91 NATURE contractor. 12. Applicant shall provide portable toilet facilities through a private contractor. 13. No paint is allowed on street, curb, or sidewalk. Chalk may be used. U.B. Special Event Permit for Broadway Bar and Pizza to hold car shows on Monday, May 25 (Memorial Day) and Sunday, May 31, 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 and a list of property owners to notify. The event planner must provide 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. Applicant must receive permission for use of any private property. 4. 167"' Avenue must remain open to two -way traffic. 5. Liquor is only permitted inside the building and on the patio, and must be strictly enforced by bar staff. 6. Exterior sound systems /music must comply with city noise ordinance. 7. Prior to display, all temporary signage shall receive the appropriate permit. p01ERI1 91 NATURE City Council Minutes May 4, 2015 Page 4 8. Applicant must contact 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 proper accessibility to the buildings and adjacent properties is maintained during the event. 9. Applicant must provide portable toilet facilities as outlined in the application. 4.4 Massage Establishment and Therapist License for Melanie Lundberg, Massage by Melanie, valid until December 31, 2015. 4.5 Public Safety Building Carpet Replacement as outlined in the staff report. 4.6 Retail Sales /Storage of Fireworks Renewal of License for Cobom's Elk River valid until 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. 4.7 Resolution #15 -19 Accepting Donation of iPad Mini as outlined in the staff report. 4.8 Zamboni Replacement purchase as outlined in the staff report. 4.9 Youth Athletic Complex Concessions Agreement as outlined in the staff report. 4.10 Sustainable Community Award Program as outlined in the staff report. 4.11 Change Order No. 1 for 2015 Street Improvement Project as outlined in the staff report. 4.12 Housing Tax Increment Financing (TIF) Policy and Score Sheets amendments as outlined in the staff report. 4.13 Fire Department Office Renovation as outlined in the staff report. 4.14 Accept Proposal to Remove Houlton Farm House as outlined in the staff report. Motion carried 5 -0. S. Open Forum Bonnie Schmitz, 12495 225`s Court NW, asked for assistance from the Council to address the possibility of adding a trail to the area of 221" Avenue to the Great Northern Trail for safety purposes. She also requested Councilrnember Westgaard meet with residents in the Ridge of Rice Lake neighborhood to outline these safety concerns about travelers sharing the road with bikers and pedestrians. Councilmember Westgaard stated he will work together with staff and Ms. Schmitz regarding her concerns. IsrtBtl 11 NATURE City Council Minutes May 4, 2015 Page 5 John Alfords, owner of Alfords Apartments located at 423 and 433 Irving Ave NW, discussed his concerns with the street assessments on his apartment properties and how he isn't entitled to the franchise fee refunds. Council stated they will have Mr. Alfords meet with the city engineer and bring this item back to the next work session for discussion. 6. I. a Oath of Office: Police Officers Chief Nierenhausen presented Reid Ellanson, Harley Lenart, and Colin Myhro, and Mayor Dietz read and swore in them as police officers. 6.2 Proclamation: Day Without Violence Mayor Dietz introduced and read the proclamation of Day Without Violence for September 29, 2015. Moved by Councilmember Wagner and seconded by Councilmember Burandt to proclaim September 29, 2015 as Day Without Violence. Motion carried 5 -0. 7. Public Hearings There were no public hearings. 8.1 Blue Bag Organics Program Ms. Mroz presented the staff report and distributed an informational literature and a sample bag from the program. Jim Wollschlager, Chief Operating Officer of Randy's Sanitation, was present to elaborate on the program. Republic Sanitation customers may also participate in this program. Mayor Dietz asked if some customers will experience having to obtain a larger cart due to increasing the amounts of organics recycling. Mr. Wollschlager stated customers in other communities have increased their cart size at no charge if they experienced the need for a larger cart after participating in the Blue Bag Organics program. The City of Elk River can look into this option. Mayor Dietz asked if the city will discontinue use of the "green" compostable bags. Ms. Mroz stated details are being finalized to replace the green organics compostable bags sold at the liquor stores with the blue bags and the blue bags will be available as part of the monthly cost. PaIEEAEID11 NATU/% City Council Minutes Page 6 May 4, 2015 ----------------------------- 8.2 Discuss Work Session Items Mr. Pormer added two items to the May 18 work session: a follow -up discussion regarding the street improvement assessment Qohn Alfords) and a discussion regarding the USAgain bins. There were no other additions to the agenda. 9. Council Liaison Updates The council presented their liaison updates. 9.1 Rivers Edge Commons Park Mayor Dietz responded to recent StarNeuu opinion letters regarding the cost of improvements to the Rivers Edge Commons Park. He clarified the main goal of the improvements stemmed from the need to replace the pavers, stabilize the retaining wall, and make stormwater enhancements. He felt it important to explore the possibility of expanding the park seating but wanted to reassure taxpayers he does not at this time support spending a large amount of money on expansion of the park but he does support making necessary repairs after the concert series this fall. Councilmember Westgaard stated he agreed with Mayor Dietz's comments adding that this did grow into something larger, noting he had no desire to support expansion of the downtown park until he's seen the Parks Master Plan. Mayor Dietz disagreed with Councilmember Westgaard and stated he felt seating could and should be enlarged and that it shouldn't cost that much money. Councilmember Wagner stated these expansion and upgrade plans should be viewed as conceptual and in the early stages of discussion. Councilmember Olsen received positive feedback that expansion plans and visioning of the park was appreciated but the costs associated with this expansion were negative. The council adjourned to work session at 7:18 p.m. and reconvened at 7:21 p.m. 10.1 Independence Day Fireworks Mr. Portner presented the staff report. Mayor Dietz stated the reason he wanted it at Lions Park was he felt the majority of the event should be for the residents of Elk River as the city uses taxpayer dollars. He proposed that volunteers raise the necessary funds if they wanted the event held at Lake Orono. He stated if the city is going to consider doing this, the funds raised should be paid up front by May 1, 2016. P 0 V I R 1 0 81 NATURE City Council Minutes May 4, 2015 Page 7 Councilmember Westgaard stated this celebration never was a city function but the city increased their level of participation when the Chamber of Commerce stopped hosting. He feels the additional cost of $10,000 will cover the expenses of holding this event at Lake Orono, and while he understands the additional expenses for police service, he did not feel the need to increase a cost for parks maintenance that would not already be in place at Lake Orono. He states a community group or organization needs to step up and take it over with the knowledge that the city would assist with added incremental services. Mr. Portner explained the increase costs for parks maintenance, which included the need to rent portable lights, additional toilets, and additional trash receptacles. Councilmember Wagner stated Katie Shatusky and her group would be willing to step up to fundraise. She asked for clarification on what costs the city would be responsible for paying and what the fundraising dollars would pay for. Councilmember Olsen stated he was disappointed that the lake association has disbanded and felt those homeowners would make good fundraising campaigners. Chief Nierenhausen explained his perspective around the transition of holding the fireworks show at Lake Orono versus Lions Park. He explained the parking, crowd, and traffic concerns when the event was held at Lake Orono. He noted a considerable portion of attendees to the event being held at Lake Orono are non- residents driving from outside the area, in comparison to the attendees at Lions Park, which were mainly city residents. He explained the different crowd attendees at each location and noted the Minnesota State Patrol and Sherburne County Sheriff's Department staff would not be needed for assistance if the event were held at Lions Park. Councilmember Burandt stated she would like to see it held at Lions Park due to public safety concerns. Councilmember Wagner felt a deadline should be in place for the public group to step forward and commit to the event. It was the consensus of the council to have staff creates a policy for an upcoming council vote outlining timelines, funding requirements, and required permits. 10.2 Snow and Ice Control Policy Ms. Fischer presented the staff report, outlining the areas of discussion were the winter overnight parking ordinance (2 -6 a.m), proposed swing -away mailboxes, residents moving snow in violation of state law, and why certain sidewalks weren't plowed. Chief Nierenhausen explained the winter parking ordinance woes and the challenges even after the city educates the public. PIGEItI II MATURE City Council Minutes May 4, 2015 Page 8 Mr. Portner stated he felt selective enforcement is a concern, noting an idea to consider raising the fine and increase the snow emergency /plowing events via social media. The council agreed to modify the wording to notify residents of the equivalent of a snow emergency with wording to provide a clear trigger of when such an event would take place. The council had no other modifications. 10.4 Request by Pete Rohlf to Purchase City-Owned Land at 75- 432 -0101 Mr. Leeseberg presented the staff report and provided additional handouts. The applicant was present at the meeting. Mr. Leeseberg explained the background and history of acquiring the property. It was the consensus of the council to have staff work with attorney Peter Beck and determine if the applicant may purchase the property without violating the terms of the deed. 10.3 Community Operations and Development Department Organizational Changes Mr. Portner presented the staff report. He provided organizational handouts outlining the current department structure and proposed changes. He proposed modifying the park planner /planner position and change its title to a senior planner position with the same pay grade, providing assistance to the parks department as needed. He proposed maintaining the planner I position, and adding back the planning manager in lieu of the deputy community operations and development director. He suggested an internal appointment or promotion for this position in the near future. Mr. Portner proposed that the economic development director report directly to the city administrator. He stated the senior administrative assistant, who holds an extremely large amount of history of the department, will be retiring in approximately 2 years and proposed adding a position to function as an efficiency manager, providing support between planning and economic development staff to facilitate with the retirement transition and future development growth. It was the consensus of the council to move forward with the proposed organizational changes and add to a near future consent agenda for approval. 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:45 p.m. f /1EAEI Ir NATURE URE City Council Minutes May 4, 2015 Minutes prepared by Jennifer Johnson. J J. Jbietz, Mayor ,--� zzl ze Tina Allard, City Clerk Page 9 PA¢EAE6 B4'