07-06-2015 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, July 6, 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, Planning Manager
Zack Carlton, City Attorney Peter Beck, Environmental Technician
Kristin Mroz, Communications Coordinator RaeAnn Gardner, and
Senior Administrative Assistant/Recording Secretary Jennifer
Johnson
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 07/06/2015 Agenda
Mr. Pormer requested Item 6.1 be removed from the agenda.
Moved by Councihnember Westgaard and seconded by Councilmember
Olsen to approve the July 6, 2015, agenda with the removal of Item 6.1. Motion
carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councihnember
Olsen to approve the following consent agenda:
4.1 Check Register, check numbers 9807-9809 and 92597-92787 as outlined in
the staff report.
4.2 Transient Merchant License for Sugar Shack LLC effective July through
October (not to exceed 30 days) 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
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July 6, 2015
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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. Only one trailer shall be utilized.
8. The trailer shall not be left on site overnight.
4.3 Special Event Permit and Temporary On -Sale Liquor License to the
Eagles Club for Friday, July 24, and Saturday, July 25, 2015, subject to the
following conditions:
1. Alcohol must be limited to an area that is fenced in with secured and
controlled access and be compact and contiguous to the
establishment. 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 and a list of the property owners to
notify. The event planner must submit an affidavit that the notice was
distributed.
3. Permission to use private property for parking must be obtained prior
to event.
4. All applicable noise ordinances must be followed.
5. If tents are to be used they must be inspected by the fire marshal prior
to the event. Applicant must contact the fire marshal at 763.635.1110 to
schedule an inspection.
4.4A. Special Event Permit for the Sherburne County Agricultural Society for the
Sherburne County Fair and Parade, July 16-19, 2015, subject to the
following conditions:
1. Applicant shall provide garbage cleanup immediately following the
parade.
2. Signs shall be installed at the following locations no later than July 11,
2015:
a. Main Street and Morton Avenue (alerting westbound traffic)
b. West of Orono Road at Main Street and Joplin Street (alerting
eastbound traffic)
c. On Joplin Street at Orono Parkway (alerting southbound traffic)
d. Proctor Avenue and Main Street (alerting southbound traffic)
The signs shall state:
Main Street Closed
July 18
10 a.m. — Noon
Parade
3. Applicant shall provide portable toilets and inform all parade staff of
the location of the toilets during parade staging.
4. Alcohol must be limited to the beer garden and grandstand area. Wrist
band control is required for patrons age 21 and over.
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5. Applicant shall ensure all applicable fire codes have been met and all
tents must be inspected by the fire marshal prior to opening. Applicant
is responsible for contacting the fire marshal at 763.635.1110 or
763.238.3489 to arrange for an inspection.
6. Applicant is responsible for ensuring the grandstand bleachers are
inspected properly and for ensuring maximum capacity is not
exceeded.
7. It is understood fair security will be handled by Sherburne County
Sheriffs Office.
8. Applicant shall provide the Elk River Fire Department, Division of
Emergency Management, with a copy of the Emergency Operations
Plan to include, but not limited to, appropriated annexes for severe
weather.
9. Access to the public safety facility, including the rear entrance area,
shall not be obstructed.
10. Candy may be handed out at the parade but is not permitted to be
thrown from moving objects.
4.4B. Temporary On -Sale Liquor License to the Elk River Lions Club for the
Sherburne County Fair, July 16, 2015, though July 19, 2015, subject to the
following condition:
■ Alcohol must be limited to the beer garden and grandstand areas.
Wrist band control is required for patrons age 21 and over.
4.5 Policy for Ensuring Security of Not Public Data as outlined in the staff
report.
4.6 Private Kennel License to Shana Hein, 18681 Cleveland Street, to keep
seven dogs, valid until December 31, 2015.
4.7 Appoint Zachary Carlton to Planning Manager to begin at Step A of Pay
Grade 12, and Chris Leeseberg to Senior Planner to remain at Step E of
Pay Grade 9, both effective July 7, 2015.
4.8 Appoint Steve Taylor as Interim Lead Mechanic effective May 17, 2015.
4.9 Joint Powers Agreement with City of Ramsey for Jarvis Street
Reconstruction as outlined in the staff report.
4.10 Park Dedication Fees Proposal from Hoisington Koegler Group, Inc., as
outlined in the staff report.
4.11 Houlton Property Farm Lease Agreement with Sherman Lehn as outlined
in the staff report.
4.12 Safety Consultation Agreement with Premier Safety Training and
Consulting as outlined in the staff report.
4.13 Blue Bag Organics Program Ordinance Amendment 15-18 and Hauler
Agreement Amendments as outlined in the staff report.
4.14 2015 Mineral Excavation License as outlined in the staff report for the
following miners and their mines:
■ Aggregate Industries - Aggregate
■ C.S. McCrossan Construction, Inc. — C.S. McCrossan
■ Knife River Corporation — Knife Rivet
■ Midwest Asphalt Corporation - Midwest
• Plaisted Companies, Inc. — Plaisted West, Plaisted East
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■ Tiller Corporation - Tiller South, Tiller North
4.15 Authorization to Execute Grant Agreement with Minnesota Public
Facility Authority as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Minnesota Wastewater Treatment Facility Operational Award
This item was removed from this agenda and will be heard at the July 20, 2015,
council meeting.
7.1 HiTech Motorsports Inc. — 16820 Highway 10 Public Hearing to
Revoke Conditional Use Permit, CU 06-12
Mr. Carlton presented the staff report.
Mayor Dietz asked if any decibel readings were taken with the door open.
Mr. Carlton stated when he was acquiring a baseline decibel level he did not test with
the door open as the applicant stated the dyno cannot operate with the door open.
Mayor Dietz reopened the public hearing.
Conner Mickelson, 16831 Yale Street, stated the noise coming from HiTech has
been significantly reduced since the last hearing due to doors of the business not
being open and changes made to buffering sound but he wasn't confident things
would continue to stay quiet in this manner. He stated a video he sent to staff
portrayed sounds being performed after normal business hours and asked for
clarification of allowed operating hours.
Mr. Carlton stated the permit allows for operating hours on Monday through Friday,
8:00 a.m. to 6:00 p.m. and Saturday 10:00 a.m. to 4:00 p.m.
Michael Hoverson, attorney for the applicant, and Bart Wells, the applicant,
spoke. Mr. Hoverson addressed comments made at the June 15, 2015, public
hearing, regarding skid marks made on pavement located near the business. Mr.
Wells stated he submitted photos and video to city staff showing the marks were
created from attendees at the Frankensteiners Car Show held at Broadway Bar and
Pizza on May 31, 2015, and stated he had no part in that event.
Mr. Hoverson and Mr. Wells outlined the changes made after the June 19 testing and
before the July 1 testing to the dyno garage port at his business, referencing the
numbered aerial map in the staff report.
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Mr. Wells stated he purchased 2" sound foam from ASI in Chaska and installed it 10'
high on all four walls of in the dyno garage port cell in the overhead 4x4 cold air
intake ceiling duct. He stated this helped with the reverb going towards the highway
and felt the testing reported by Mr. Carlton indicated as such.
Mr. Wells stated he then made two — 30"x30" sound traps with the sound foam,
placing the foam 3'/z" in front of both exhaust fans, to assist in absorbing and
diverting the noise traveling out of the exhaust fan. He stated each trap extends 40"
upwards, curving like a question mark. He also felt this lowered the decibel levels.
Mr. Wells indicated he may also be losing sound through the 2" solid cote door to
the cell and may install some 2" foam on the door. He stated the cost for the foam
was $3,000 to do the first cell and stated the other cell does not have a door but has a
fan and 4x4 ducts in which he will apply the same sound foam board to that cell.
Attorney Hoverson stated the business's doors to the dyno cell are never up during
dyno testing, and Mr. Wells explained how it is necessary the doors be closed to
allow the exhaust to flow out of the building. Mr. Halvorson indicated there is a
misconception that the doors have remained open during testing and offered an
explanation that perhaps its door 7 that is open. He stated on an average day, there
are only 3-4 cars driven around areas on the property with the motors running for
approximately 30-45 seconds.
Mr. Wells stated he used a 1968 Olds 442 during testing with Mr. Carlton, a vehicle
he considered to be the loudest car available to him, and during testing discovered
the noise levels of vehicles being backed in and out and how to direct the sound
towards the highway.
Mr. Hoverson stated the issue the business continues to have, as he understood it,
was noise level created by vehicles as they travel around the buildings on the
property. He stated they wished to explore measures to reduce the 83 -decibel level at
area 7 on the map. He discussed measures to reduce the 83 -decibel level in the
following manner and requested a continuance of the public hearing to August 3,
2015, to determine the feasibility costs of the following measures:
Install a sound barrier fence around the property; unsure of cost and if it was
even possible.
Install a garage door in the side of building at area #7 so cars would never
have to be outside and running and sound never being directed towards the
Mickelson property, area #5. Mr. Wells indicated he is unsure if a door can
be installed as this is the drain field for the septic system of the building. It
would require pouring 10x25 of concrete or asphalt and he isn't sure if this is
allowed due to greenspace requirements.
Install a gate on either side of the property to limit after-hours access to the
property.
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Mr. Wells indicated he could also use a tug to pull the cars around the building so
they wouldn't create any additional sound and direct sound towards the highway and
away from residential properties when cars are required to be operated. He indicated
he is trying his best to limit the noise created on his property.
Mr. Hoverson requested Steve Kedrowski, a witness who couldn't testify at the last
public hearing, speak and indicated his property was near area #2 on the map.
Steve Kedrows1d, 16811 Yale Street, indicated he has seen an open garage door at
the business in the past, which at that time created a considerable amount of noise
and affected his family, especially his autistic child. He stated he has not seen open
doors recently and appreciates the noise reduction lately, but has concerns with the
business complying with these conditions in the future. He indicated he would
contact Mr. Wells when he felt concerned with noise levels.
There being no one further to speak, Mayor Dietz closed the public hearing.
Mr. Hoverson requested Mr. Carlton revisit the property to retest noise levels using
the exact same car, if possible, and backing it up to determine if lower decibel levels
are registered. He indicated the applicant will do feasibility and cost analysis to see if
a fence and garage door can be installed, as well as consult with industry experts to
determine if other measures can be taken. He indicated if none of these measures are
feasible, the applicant will tug the cars around the property as Mr. Wells would like
to remain compliant.
Mayor Dietz stated he felt Mr. Wells be given credit for his efforts in mitigating the
business's noise and good faith efforts to be a good neighbor by addressing the
neighborhood concerns. Mayor Dietz stated he also understands the concerns of the
neighbors. He stated he is willing to allow for a continuance of the public hearing
until August 3, 2015, allowing the applicant additional time to research and
implement noise mitigation efforts.
Councilmembers Westgaard, Olsen, Burandt, and Wagner also agreed to allow for a
continuance of the public hearing.
Counselor Beck stated he will not be available at the August 3, 2015, council
meeting, should the council want him at that hearing. He recommended reopening
the public hearing and continuing it to August 3, 2015.
Mayor Dietz reopened the public hearing and asked that it be continued.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to reopen and continue the public hearing for HiTech Motorsports Inc., to
August 3, 2015, to allow the applicant additional time to research and
implement additional noise mitigation efforts to comply with the conditional
use permit.
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July 6, 2015
Motion carried 5-0.
8.1 2016 Benefit Level for Elk River Fire Relief Association
Mr. Simon presented the staff report. He introduced Scott Schmitt, President, and
Dave King, Vice President, both of the Elk River Fite Department Relief
Association, and Dave Rudy from The Parr McKnight Wealth Management Group
of Wells Fargo.
Mayor Dietz stated he felt the relief board made conservative benefit increases,
which allowed for smaller, steadier increases to protect the firefighter's monies.
Moved by Mayor Dietz and seconded by Councilmember Westgaard to
approve an increase for the Elk River Fire Relief Association (ERFRA)
benefit to $5,510 per year of service effective January 1, 2016.
Motion carried 5-0.
8.2 Rivers Edge Park Expansion Proposal
Mr. Hecker presented the staff report.
Mayor Dietz asked why TDKA was not a qualified bidder.
Mr. Hecker indicated that the TDKA project team did not staff a landscape
architect.
Mayor Dietz asked if winter bidding can still be done to ensure project completion
before the 2016 concert series. His concern was the public is being told the park is
not available for use during the fall and if work will not be done this fall, can the
park remain open.
Mr. Hecker stated that completion of the project by the 2016 concert series was a
condition of the RFP. He indicated that council was being asked to approve the
hiring of Hoisington Koegler Group, Inc, (HKGi) to complete the design and
construction management with approval of the actual construction to come before
the council after bids were received. He stated it was difficult to determine, at this
point, if any work would begin in the fall without knowing financially where bids
would come in.
Councilmember Westgaard agreed with Mayor Dietz and felt uncomfortable
approving moving forward with this project when cost and funding details are
unknown.
Mr. Hecker indicated he would receive cost estimates sometime in August.
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Counselor Beck asked if the bids could be defined to indicate a fall start or spring
start, allowing the council to immediately detennnie if there's any savings to waiting
to start the project until spring.
Mr. Potmer clarified that the city would receive a range of cost estimates from
HKGi so council can determine if they wish to proceed. At that time, bids would be
requested and final figures determined.
Mayor Dietz requested Mr. Hecker determine with HKGi if work will be completed
in September or October and if not, could we allow the park to be opened to the
public.
Councilmember Wagner agreed with Mayor Dietz and stated it would be
disappointing to the public and groups like downtown business owners if the
park sat empty and construction did not begin this fall.
Mr. Hecker stated HKGi told him closing the park could be determined in early
August.
Councilmember Olsen asked if it would be best to commit to a spring start and allow
the park to remain open in the fall.
Mayor Dietz indicated he would like HKGi to notify the city if the project can be
completed by the end of fall and if not, keep the park open this fall and begin
construction until spring. He would like the city notified by August 1.
Councilmember Wagner asked if the plaza level would be affected by construction.
Mr. Hecker stated the plaza level wouldn't be affected but it would be difficult for
him to say if anything else will be affected.
Moved by Councilmember Olsen and seconded by Councilmember
Westgaard to adopt the Agreement for Professional Services to hire
Hoisington Koegler Group, Inc. (HKGi) to complete the design and
construction management of Rivers Edge Commons Park Phase One.
Motion carried 5-0.
8.3 Naming of Houlton Property
Mr. Hecker presented the staff report. Dave Anderson and Stewart Wilson were
present as members of the naming committee.
Mayor Dietz commented that after reading the history and impact Mr. Houlton
made on Elk River, it seemed very appropriate to include his namesake in the
property title.
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Moved by Councilmember Wagner and seconded by Councilmember Burandt
to approve the official naming of the Houlton Farm property to the William
H. Houlton Conservation Area.
Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Pormer presented the staff report. No new topics were added to the work
session agendas.
Mr. Portner indicated he would be scheduling a special joint meeting with the
council and both Planning and Parks and Recreation commissions for a date in
August. This would be a planning purpose workshop to provide education and
review of the various city comprehensive plans and studies.
9. Council Liaison Updates
Council members presented their council liaison updates.
Mayor Dietz requested staff provide an update to the council on recent information
regarding the estimate to repair the water tower repair.
Councilmember Wagner reported receiving positive comments about Elk River
ballparks.
Mayor Dietz requested staff write a letter to the fireworks vendor regarding the July
4, 2015, outstanding fireworks display.
Council recessed at 7:48 p.m. to go into work session.
Council reconvened at 7:51 p.m.
10.1 Gateway Signage Update
Ms. Gardner presented the staff report. She indicated the entire wayfinding plan will
be unveiled to council in approximately 6 weeks. She asked the council for direction
on proceeding with the style of the city's gateway signs and whether to request bids
for construction of such signs.
Mayor Dietz and Councilmember Westgaard indicated they liked the river rock on all
three tiers of the sign.
Councilmember Wagner was fine with one tier of rock as she appreciates the artwork
depicting the elk antler, but stated she didn't feel so strongly about it that she would
argue or fight for it. She was concerned with the discrepancy in the project figures
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presented based upon the drastic differences in prices and supported receiving bids
to determine actual project costs.
Councilmembers Burandt and Olsen stated they also like the three tiers of river rock
but also requested bids.
It was the consensus of the council to go out for bids for construction of gateway
signage with three tiers of river rock with an option to bid one tier of river rock.
10.2 Review of East Elk River Traffic Concerns
Mr. Portner presented the staff report.
It was the consensus of the council to maintain the current traffic path at Main Street
and Line Avenue and seek operation enhancements at this intersection through
installation of adaptive signal controls. Council requested the city engineer complete
a traffic study to determine if the 4 -way stop at the intersection of Main and Trott
Brook Parkway warrants a traffic light and review eligible improvements to the
CSAH 13 area.
10.3 Parks Maintenance Supervisor/Superintendent Position
Mr. Portner presented the staff report and outlined the updated position description
as outlined in the staff report.
It was the consensus of the council to support the changes to the parks maintenance
supervisor position as outlined.
10.4 2016 Budget
Mr. Simon presented the staff report and outlined the 2016 budget schedule.
Councilmember Westgaard asked if it was necessary to review this budget since its
detailed review last year.
Mr. Simon indicated there were a handful of changes needing review and staff was
scheduled to appear before the council to discuss department and division goals and
plans.
It was the consensus of the council to proceed as outlined in the staff report.
H. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:55 p.m.
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City Council Minutes
July 6, 2015
Minutes prepared by Jennifer Johnson.
Tina Allard, City Clerk
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