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4.1. DRAFT MINUTES (2 SETS) 08-17-2015 Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 3, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Recreation Manager Steve Benoit, Finance Director Tim Simon, Planning Manager Zack Carlton, Elk River Municipal Utilities General Manager Troy Adams, and City Clerk Tina Allard 1Call 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 8/03/2015 Agenda Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the February 17, 2015, agenda. 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 July 21, 2015, Regular minutes. 4.2 Check Register, check numbers 9810-9811 and 93002-93165 as outlined in the staff report. 4.3 Jackson Street Water Tower Condition Assessment. 4.4 Resolution 15-45 acknowledging contributions from Eric Toth 4.5 Special Event Permit for the Thumbs Up High 5K, Saturday, September 26, 2015 subject to the following conditions: 1.Applicant must obtain property owner permission for use of any private property. 2.The event planner is required to notify businesses, residents, and organizations abutting the route. Downtown businesses must also be notified of the parking lot closure. The city will provide a template of the notice that must be distributed. The city will also City Council Minutes Page 2 August 3, 2015 ----------------------------- provide a list of the properties to be notified. The event planner must submit an affidavit that the notices were distributed. 3.ERPD will provide three reserve officers/community service officers to assist with traffic control for the race. Applicant must contact Police Captain Darren McKernan (763.635.1202) at least two weeks in advance to arrange for police reserves. 4.The lower seating area and stage at Rivers Edge Commons Park can be used exclusively by the group but the upper plaza must remain open to the public. 5.Closure of the Main Street Parking Plaza parking lot will be permitted from 6:00 a.m. to 4:00 p.m. Saturday, September 26, 2015. Applicant is responsible for barricading parking lot. Parking lot must be completely cleared prior to removal of the barricades. 6.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. 7.A route marshal shall be placed every 500 feet along the race route to keep walkers, runners, and roller bladers on the sidewalk per MN Statute 169.21. Bike riders are permitted to ride on the shoulder of the roadway with the flow of traffic following the statutory requirement of MN Statute 169.221. Route marshals will not direct traffic. 8.Staggered start of five minutes between different race groups. 9.Registration form will include rules and expectations. 10.Participants shall not gather on the roadway and obstruct traffic at the completion of the race, they are to remain on the sidewalk or in the Main Street Parking Plaza. 11.Race marshal shall give a safety brief to all participants prior to the start of the race explaining the rules. 12.Applicant shall be responsible for garbage clean-up immediately following the event. 13.No paint allowed anywhere on route. Chalk or cones may be used on the sidewalks only. Chalk must be cleaned up immediately following the event. 14.Applicant is responsible for calling in locates to the power company for any stakes put into the ground. Applicant must also receive approval from the Parks and Recreation Department on location of stakes. No stakes shall be pounded into the pavement or anywhere in the parking lot. 15.Tents must meet applicable state and fire building code requirements. Applicant is responsible for contacting the fire marshal at 763.635.1110 to schedule an inspection of the tents prior to use. 16.Applicant must provide enough portable toilet facilities through a private contractor to accommodate the expected attendance. City Council Minutes Page 3 August 3, 2015 ----------------------------- 17.As agreed upon by applicant, if participants don’t follow set rules, 2016 event would be limited to a 5k run only. 4.6 Massage Therapist License to Lara Johnson, to work at Life’s Retreat Massage and Spa, 570 Dodge Street NW, valid through December 31, 2015. 4.7 Hire Laura Wetch as part time recreation assistant. 4.8 Resolution 15-46 acknowledging contributions from Elk River Youth Football Association 4.9 Addendum to Firstlab Agreement for drug and alcohol testing services for commercial drivers. 4.10 Hire Joel Heaton as Ice Arena Lead Worker effective August 17, 2015. Motion carried 5-0. 5 Open Forum th Katie Shatusky, 13050 180 Court, Elk River - Stated she wanted to express her thanks to first responders for the work they do and noted the compassion and support she received the day her grandfather committed suicide. She discussed her Thumbs Up 5K event for mental health and suicide awareness. She thanked Jessica Miller in the special events department, Councilmembers, and police reserves for making the planning process very simple. Mayor Dietz thanked Ms. Shatusky for her words. 6.1 Proclamation: Elk River Municipal Utilities Day, 100 Anniversary th Mr. Adams discussed history with how Elk River Municipal Utilities (ERMU) first began and its key role related to growth of the city. He stated ERMU and the city are in a good place with working collaboratively on projects. He invited the community th to their 100 anniversary celebration. Mr. Adams introduced Water Superintendent Erik Volk, Electric Superintendent Mark Fuchs, Assistant Electric Superintendent Tommy Geiser, and Office and Finance Manager Theresa Slominski. Mayor Dietz stated the historical book is an interesting read and does reflect history of the city. He noted there have been highlights and lowlights with past decision- making. Mayor Dietz read the proclamation. Moved by Councilmember Burandt and seconded by Councilmember Westgaard to approve a proclamation designating August 27, 2015, as Elk River Municipal Utilities Day. Motion carried 5-0. City Council Minutes Page 4 August 3, 2015 ----------------------------- 7.1 Guardian Angels Health Services, Inc. Conduit Bond Preliminary Approval Mr. Simon presented the staff report. He introduced Troy Hansen and Dan Fehr Mr. Fehr thanked the Council for this opportunity. He provided information about the differences in the needs of senior from 1965 to today. 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 Olson to adopt Resolution 15-47 Providing Preliminary Approval to a Project and the Issuance of Revenue Bonds in an Aggregate Amount up to $4,000,000 at the Request of Guardian Angels Health Services, Inc. Motion carried 5-0. 7.2 Thomas Jenior: Administrative Subdivision Procedure by Simple Plat Mr. Carlton 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 Wagner and seconded by Councilmember Olsen to adopt Resolution 15-48 Granting Final Plat Approval for Jenior Addition, Case No. P 15-04. Motion carried 5-0. 7.3 HiTech Motorsports, Inc. – 16820 Highway 10, Conditional Use Permit Revocation (continued from July 6) Mr. Carlton presented the staff report. He reviewed the decibel levels from testing he completed at the site as outlined in his staff report. Mr. Carlton stated operational changes made by the applicant did reduce noise levels on nearby residential properties. Mr. Carlton noted this is a conditional use in a commercially zoned location, which happens to be located next to a residential area. Minnesota Pollution Control Agency (MPCA) noise guidelines and environmental concerns were reviewed. Mr. Carlton noted this Conditional Use Permit (CUP) did not include any environmental conditions so it may be difficult to enforce on the CUP. He stated the MPCA is following up on the environmental issues. He reviewed the potential areas of non-compliance of the CUP and options for Council consideration. Mayor Dietz asked if the city is assuming the soil contamination is a result of chemicals running from Mr. Well’s property to the homeowner’s property City Council Minutes Page 5 August 3, 2015 ----------------------------- Mr. Carlton stated this would be a difficult assumption and it would have to be proven there is a direct connection. Mayor Dietz asked if there is anything on Mr. Well’s property that indicates something needs to be done to prevent future soil contaminations. Mr. Carlton said the applicant stated to him (#1 on the map) he pumps water, which could have some fuel contaminates in it, to a location on his property that is a low spot. Mr. Carlton stated that he hasn’t seen evidence linking the low spot to the contamination area on the neighboring property. Mayor Dietz asked staff to report back to Council regarding the soil contamination results and remedies. Mayor Dietz opened the public hearing. Daryl Jorgenson, 13480 96th Street Otsego – Thanked Council for their time on this matter. He expressed concerns with future issues with Mr. Wells. He stated he did have his doors open last week and hopes the Council doesn't give him any more chances. Michael Holverson, attorney for Mr. Wells – Stated Mr. Wells offered to install, at his expense, a blue spruce tree at #1 on the map to fill in a gap between properties. He stated Ms. Mickelson asked for a warranty on the tree and wanted her sprinkler system moved. She later on stated she did not want the tree. He stated Ms. Mickelson then indicated to him that the service door was being left open. Mr. Wells stated it has been hot during the summer months so they open the service doors to allow air circulation in the building. He stated he was under the impression that the only doors that needed to remain closed were the overhead doors. He stated they are doing everything they can to reduce to noise level. Mr. Holverson stated his understanding is the decibel levels from the last round of staff testing are acceptable. He stated his understanding is Mr. Wells would be able to continue with moving the cars around at different directions (so the exhaust is pointed toward the highway) and louder cars would be towed around. He stated if this is not the case his client could look at installing a higher fence, which would be extremely expensive. Mr. Holverson stated it is his understanding the noise levels are acceptable but the issue is the service door can't be open. He stated Mr. Wells will keep the service door closed but will file for an amendment to his CUP in order to allow this door to be open in the summer when heat exceeds certain temperatures. Mr. Holverson discussed the hours of operation after 6:00 p.m., when the business is closed to customers but employees are still working with items, such as putting cars or tools away. He stated Mr. Wells will also seek an amendment to his hours of City Council Minutes Page 6 August 3, 2015 ----------------------------- operation in order to allow employee clean up time after business hours closure for customers. Mr. Wells stated if the change in hours is not acceptable to the city he will need time to market his new business hours. He expressed concerns with his customers having enough time to get to his business after they get off work. Mr. Holverson stated Mr. Wells testified at the first Council meeting that he recycles all his oils. Mr. Wells stated he doesn't use any deisel products and has full records he is willing to open up for review. He stated there has been no timeframe as to when the soil contamination was discovered and doesn’t believe it is coming from his property. Mr. Wells stated he sometimes opens doors early when getting his paperwork done during non-business hours in order to allow cross-breezes to flow through the building. He stated not one of his cars is started during this timeframe and he is not making noise, but the neighboring business does move their cars around. He noted an incident over the lunch hour where a 53 transport was loading cars with a diesel running for two and a half hours at 68 decibels. He stated other businesses in the area are making noise and he wants to make sure he isn’t getting blamed for all of it. Connor Mickelson, 16831 Yale Street - Stated he contacted another business in Rogers that operates similarly to Mr. Well’s operations. He stated a person there told him the dyno doors do not need to be closed in order for the equipment to operate. He stated the soil contamination was not present when he first rented his current property. He stated he moved but then later moved back to the property and the barrels on Mr. Well’s property could have been contaminated. He stated he is not sure a tree would help with sound deadening and he already installed 25 trees this past spring. He stated he would like to see proper rules for waste removal. He discussed how the oil contamination can't be coming from Jerry Minor’s business due to topography. Mr. Wells stated he uses non-chlorinated brake cleaner in 55 gallon drums. He stated the barrels, shown in the photos, were empty and completely sealed. He stated his competitor in Rogers is in a rental building and did not make an investment into a sealed cell so they have to have their doors open for ventilation. Councilmember Westgaard stated this is a difficult issue to monitor with regard to the areas of non-compliance. He stated bullet #1 is a violation, bullet #2 is unclear, and bullet #3 is a challenge because the city gets high readings when the doors are closed. He stated testing hasn’t been done with the doors opened, so if they are open, there would most likely be violations. He noted another challenge is if this will be an issue six months from now. He questioned if the city should leave this item open and continued for a specific period of time. He stated for bullet #4 that if cars are not being worked on and not exceeding noise levels, what difference does it make if a service or overhead doors is open. He stated it boils down to the noise City Council Minutes Page 7 August 3, 2015 ----------------------------- levels. He stated we didn't ask Jerry Minor to keep his doors closed (adjacent business). He stated Mr. Wells has shown a lot of initiative to work with the property owners to make things better and if he can demonstrate he can keep noise levels below the recommended decibel readings, he is fine with the business continuing to operate. He stated he leans to continuing this item in order to monitor it for awhile. He stated the environmental issue regarding the soil contamination should be left to the MPCA. Councilmember Wagner and Burandt concurred. Mayor Dietz stated he believes there were violations at first but feels Mr. Wells is making a good faith effort to fix the issues. He also expressed concerns with Mr. Wells continuing to follow his CUP requirements when he is not before the Council. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue this public hearing to February 1, 2016. Motion carried 5- 0. 8.1 Rename Big Tooth Ridge Park to Woodland Trails Park Mayor Dietz expressed gratitude to city staff for their work with the concerts and noted he has heard a lot of positive comments. -------------- Mr. Benoit presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Burandt to rename Big Tooth Ridge Park to Woodland Trails Park. Motion carried 5- 0. 8.2 Discuss Work Session Items Mr. Portner presented the staff report. Councilmember Westgaard questioned when the worksession meeting for reviewing city plans would be held. Mr. Portner noted this meeting has been delayed to September due to summer schedules. He also stated he would be scheduling a joint meeting with the City of Ramsey to discuss mutual items of interest. 9 Council Liaison Updates Council provided updates for the various boards. City Council Minutes Page 8 August 3, 2015 ----------------------------- Council recessed at 7:53 p.m. to go into worksession and then reconvened at 7:58 p.m. 10.1 2016 Budget Various staff reviewed their budgets and goals as outlined in the staff report. Library Mayor Dietz noted he has been involved with the library for many years in various capacities. He expressed concerns with the current relationship between the city and library. He stated the library and city used to work collaboratively to help each other, even if it was crossing boundaries from the library’s and city’s official roles, and feels this relationship has changed. He noted a recent past issue regarding taking minutes for library board meetings. He stated Mr. Portner was directed to have a conversation with Mr. Hollerich regarding his ability to take minutes for these meetings. Mr. Hollerich agreed to provide meeting minutes, but when he arrived at the most recent Library Board meeting, he stated he was not going to do it because he was not a city employee. Mayor Dietz stated each department has been providing their own staff person to take minutes for their specific boards and he felt the library should be able to do the same. Mr. Hollerich noted this was at the direction of his supervisor. Mayor Dietz stated if the Library wants to play hardball, then the city should also have a policy not to cross any lines regarding each other’s official roles. He stated he met with the new head of the Great River Regional Library and he stressed to her that the city considers this a partnership by working together and that the lines don’t need to be so rigid. He stated she seemed to agree with his comments but it is not being shown by actions. Mayor Dietz stated there is $4,000 coming from the city’s budget to pay for two staff people for a reading program. He noted this is a program and not a building maintenance item so it would be Great River Regional Library’s responsibility to pay for this program. He stated if the library wants to draw lines, then he’ll go to the Library Board and ask for this $4,000 to be removed from their budget. Mayor Dietz stated he is very frustrated with Mr. Hollerich’s supervisor. He stated he has encouraged Mr. Hollerich, from day one, to visit more with city staff and get assistance with needs he may have. He says in today’s world we don’t need lines that are so black and white. He understands Mr. Hollerich is busy, but it would take approximately six hours a year of his time to do the minutes; and he did originally indicate he would be okay with doing it. He questioned why Mr. Hollerich was presenting a budget when he is not an employee of the city. Mayor Dietz questioned if the Library Board should even have a say about what goes in their budget when other boards and commissions don’t get involved with budgets. City Council Minutes Page 9 August 3, 2015 ----------------------------- Mr. Portner stated the Library Board’s role is to make recommendations for capital expenses for library needs. Mr. Simon noted most of the budget requests come from city staff and are recommended to Mr. Hollerich. Mayor Dietz asked Mr. Hollerich to talk to his supervisor about helping the Library Board out by offering a staff person to take the minutes. He stated he would like a more cooperative effort between the city and Great River Regional Library. He requested Mr. Hollerich to report back to Mr. Portner. Councilmember Olsen stated it has been difficult for Mr. Hollerich at Library Board meetings as his supervisor doesn't seem to have any cooperative sense with the city. He stated the Board has ended up having lengthy meetings due to these issues. Mr. Hollerich stated he believe the Mayor is characterizing the situation, as it happened from before he started versus now, pretty well. He noted it would be pretty frustrating. He stated he will take the message back. Mayor Dietz stated he understands the library is under a tight budget, as is the city. He stated he expects a lot when the city is putting $3 million into a building and as the second largest library in the system, the city needs to account to its citizen for the return they are getting. The Council reviewed the library budget with Mr. Hollerich. Library Staff Hours Mr. Hollerich discussed the loss of eight service hours per week. Mayor Dietz questioned why volunteers couldn’t be utilized more. Mr. Hollerich stated they do have a lot of volunteers but they can only do so much and Great River has a policy outlining volunteer limitations. Library Hours of Operation Mayor Dietz stated it would be nice to have consistent hours each day, such as 10:00 a.m. to 8:00 p.m., because it is easier for people to remember. Mr. Hollerich stated there are advantages either way but more evaluation would be needed Library Communications There was discussion about the library’s communications efforts. Mr. Hollerich stated, per Great River policy, the local library can’t have its own Facebook page. City Council Minutes Page 10 August 3, 2015 ----------------------------- Ms. Allard noted the city has been proactive in promoting the library in its social media tools but not as much on the cable channel. Quiet Zones Mayor Dietz questioned if citizens can do anything to motivate the railroad to move quicker with the quiet zone installation. It was noted how difficult it can be to work with the railroad and it may cause more harm than good to have citizens involved in trying to motivate the railroad. Ride-alongs Mayor Dietz encouraged all councilmembers to take a ride-along in a snowplow to see and understand some of the issues plow drivers encounter. Special Meeting It was the consensus of the Council to schedule the August 10, 2015, Special Budget Work Session meeting for 5:30 p.m. 11 Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:28 p.m. John J. Dietz, Mayor Tina Allard, City Clerk Special Meeting of the Elk River City Council Held at the Elk River City Hall Monday, August 10, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: Police Chief Ron Nierenhausen, Administrative Captain Bob Kluntz, Patrol Captain Darren McKernan, Finance Director Tim Simon, Fire Chief T. John Cunningham, Deputy Chief Aaron Surratt, Parks and Recreation Director Michael Hecker, Recreation Manager Steve Benoit, Interim Lead Park Maintenance Worker Josh Baas, Street Superintendent Mark Thompson, Community Operations and Development Director Suzanne Fischer, Arena Manager Rich Czech, and Executive Secretary/Deputy City Clerk Jessica Miller 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 5:30 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. 2016 Budget Various staff reviewed their budgets and goals as outlined in the staff report. Police Mayor Dietz questioned the increase for telephones. Chief Nierenhausen indicated the increase is due to the purchase of additional smartphones for staff. He noted email and internet access has been an asset for employees. The uniform allowance increase was discussed. Chief Nierenhausen stated the increase is due to the purchase of additional soft body armor vests. He explained purchases are timed with the expiration dates of current vests and potential grant funding. Fire Chief Cunningham indicated the Fire Academy’s second year has been successful but staff would like to evaluate the program before continuing with the program. He explained the department would like to create a business model and market the program to other communities. City Council Minutes Page 2 August 10, 2015 ----------------------------- Mayor Dietz stated when the Council approved the fire administrative assistant to full-time making up the difference in pay with other budget cuts was discussed. He commented it doesn’t appear that has happened. Chief Cunningham indicated the Council can make whatever cuts they feel are appropriate. Chief Cunningham indicated there is $40,000 requested in the 2016 Capital Outlay summary sheet to purchase additional self-contained breathing apparatus (SCBA). He explained it was brought to his attention during a recent meeting that the Northeast Sherburne Fire-Rescue Department is switching SCBA models and has eight Scott NxG7 air packs and 16 bottles available in great condition. He stated this is the same model the Elk River Fire Department uses and purchasing the equipment would result in a savings of approximately $22,400. Council consensus was for the Fire Department to purchase the used air packs from the Northeast Sherburne Fire-Rescue Department this year for $17,600 with funding from the Capital Outlay Reserve Fund. Code Enforcement Chief Cunningham stated goals have not been set for this division because the goals are Council generated. Mayor Dietz questioned the status of sign enforcement. Chief Cunningham stated he believes compliance has improved. He added most people seem to be aware of the rules whether or not they decide to adhere to them. Emergency Management Councilmember Olsen indicated he received a call from a citizen concerned about the propane tanks stored near the railroad tracks on Proctor Avenue. Chief Cunningham explained public safety officials are concerned as well but the business is grandfathered in for the storage of tanks in that location. Chief Cunningham added the Fire Department trains for various types of incidents including this scenario. Parks and Recreation Councilmember Westgaard questioned the status of the facilities study. Mr. Hecker indicated the city administrator is in communication with the school district regarding a possible school referendum addressing facility improvements. He added the school expects to make a decision on whether or not they will move forward with the referendum by the end of the year. Collaboration with the City of Otsego was discussed. Mr. Benoit explained it appears Otsego may be interested in collaborating on some programs with us. Activity Center Councilmember Olsen indicated he received an inquiry if alternative transportation options to events have been explored for smaller group outings. He outlined an City Council Minutes Page 3 August 10, 2015 ----------------------------- example of a van taking six to eight seniors to a show downtown or something similar. Mr. Hecker stated he will look into it and report back. Mr. Benoit explained membership at the activity center has increased but is not mandatory at this time. Councilmember Olsen indicated he would be in favor of making membership mandatory for a nominal fee. Mayor Dietz disagreed explaining the activity center budget doesn’t warrant mandatory membership. Park Maintenance Councilmember Westgaard indicated it would be helpful for parks maintenance to review what is required to maintain park property up to a certain standard including mulch, trees, watering boulevards, mowing, etc. and to figure out what isn’t getting done that needs to. Equipment Replacement Fund Councilmember Westgaard indicated he would like the mechanic rating sheets included with Fleet Committee information in the Council packets. Ms. Fischer stated she would include the sheets. Mayor Dietz questioned the low mileage on some of the patrol vehicles being transferred out. Captain McKernan and Ms. Fischer explained the lower mileage vehicles are being transferred to different departments for pool vehicles. Captain McKernan added the other vehicles will be higher mileage by the time they are transferred or sold next year. The Council recessed at 8:20 p.m. The Council reconvened at 8:25 p.m. General Fund Update Mr. Simon presented an update on the General Fund and the adjustments as presented will be made. 4. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 8:36 p.m. Minutes prepared by Jessica Miller. John J. Dietz, Mayor Tina Allard, City Clerk