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4.1. DRAFT MINUTES (4 SETS) 10-05-2015 Meeting of the Elk River City Council Held at the Elk River City Hall Tuesday, September 8, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Finance Director Tim Simon, City Clerk Tina Allard, City Attorney Peter Beck, Economic Development Specialist Colleen Eddy, Community Operations and Development Director Suzanne Fischer, Environmental Technician Kristin Mroz- Risse, Police Chief Ron Nierenhausen, Parks and Recreation Director Michael Hecker, and Recording Secretary/Senior Administrative Assistant 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 09/08/2015 Agenda Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve the September 8, 2015, agenda. Motion carried 5-0. 4. Consider Consent Agenda Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the following consent agenda: 4.1 August 17, 2015, regular minutes. 4.2 Check Register, check numbers 9815-9817 and 93394-93607 as outlined in the staff report. 4.3 Special event permit for Broadway Bar and Pizza to hold a car show on Sunday, October 4, 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 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. City Council Minutes Page 2 September 8, 2015 ----------------------------- 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. th 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. Prior to display, all temporary signage shall receive the appropriate permit. 7. 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. 4.4 Pyrotechnic fireworks display license for RES Specialty Pyrotechnics, Inc. to conduct a pyrotechnic display at the Elk River High School football field during high school football games on October 2 and October 8, 2015, subject to the following conditions: 1. RES Specialty Pyrotechnics, Inc. shall arrange for site inspections by the Fire Department the days of the pyrotechnic displays. Applicant shall contact Fire Marshal Cliff Anderson at 763.635.1110 to schedule the inspections. 2. Additional display dates for 2015 can be added as authorized by the fire chief. Applicant will be required to submit an application for any additional dates. 4.5 Purchase and up fitting of a fire department incident support trailer in the amount of $124,866 as outlined in the staff report with funds budgeted in the Equipment Replacement Fund. 4.6 Solicitor Licenses for the following employees of International Marketing Executives valid until December 31, 2015: Rami Basma Shawn Cannata Brian Kvalvag Lendl Wilson 4.7 Massage Therapist License for Jennifer Sicora to work at Life’s Retreat Massage and Spa, 570 Dodge Avenue NW, valid through December 31, 2015. 4.8 Resolution 15-53 approving the Master Joint Powers Agreement between the Minnesota Bureau of Criminal Apprehension and the City of Elk River Prosecutor’s Office as outlined in the staff report. 4.9 Hire Krystal Fosdick as the fire department administrative assistant beginning September 14, 2015, with step A of pay grade. 4.10 Resolution 15-58 authorizing and providing for the issuance and sale of health care facilities revenue bonds in an aggregate principal amount of up to $4,000,000 at the request of Guardian Angels Health Services, Inc. 4.11 Designation of nine members representing the William H. Houlton Conservation Area Planning Committee as outlined in the staff report. 4.12 Initiate land use and zoning changes of county owned property to facilitate a data center as outlined in the staff report. Motion carried 5-0. City Council Minutes Page 3 September 8, 2015 ----------------------------- 5. Open Forum No one appeared for Open Forum. 6.1 Proclamation: Constitution Week Mayor Dietz read the proclamation and presented it to Marilyn Schroeder. Moved by Councilmember Burandt and seconded by Councilmember Wagner to proclaim September 17 through 23, 2015, as Constitution Week. Motion carried 5-0. Ms. Schroeder said a few words about the importance of educating children and adults about their knowledge of the constitution. 6.2 Distinguished Budget Presentation Award Mr. Simon presented the staff report. He thanked staff and the Council for their goals and vision in preparation of the budget to assist in achieving this award. Moved by Councilmember Olsen and seconded by Councilmember Westgaard to accept the Distinguished Budget Presentation Award for the 2015 budget from the Government Finance Officers Association (GFOA). Motion carried 5-0. 8.1 Massage Establishment and Therapist Licenses – Joy Massage Ms. Allard presented the staff report. Ivan, representing the applicant, explained the circumstances surrounding the delay in opening the establishment and requested the licensing moratorium placed on July 20, 2015, be lifted to allow for his establishment to begin operating. th Kris Studniski, 9936 - 174 Avenue NW, Elk River, asked for clarification of what types of massages Joy Massage would be providing, stating her concerns with the location near a day care center and her Google search of their business name indicated their services offered were “sensual massage Elk River, MN for most trustworthy sacred sexual massage.” Ms. Allard stated she wasn’t sure of the source of Ms. Studenski’s information so she couldn’t answer specifically to it, but the information Ms. Studniski provided did not come up during any background checks and she indicated the applicants both successfully passed their background investigations. City Council Minutes Page 4 September 8, 2015 ----------------------------- Ivan, the representative, indicated Joy Massage was a new business and the owner, Ming Liu, present in the audience, has two laundromats in Minneapolis and Columbia Heights. Councilmember Wagner asked about the status of updating the massage establishment licensing ordinance. Ms. Allard indicated they are in the data-gathering portion of the ordinance update and need to meet with staff and area massage therapists for input and recommendations. Councilmember Westgaard stated he would be in favor of approving this business license until the end of 2015, and noted the applicant had their application submitted well before the moratorium was placed, having delays due to circumstances with their contractor. Mayor Dietz closed the public comment portion of this item. Counselor Beck explained this request for an establishment does fall within the scope of the currently imposed moratorium. He stated they know of no one else that has submitted an application for consideration of an establishment license, and those that do request an application, are informed of the moratorium and applications are not taken. He stated even with the unique circumstances presented by the applicant, the council has the legal authority to deny by resolution the massage establishment and therapist licenses requested, following the currently placed moratorium. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to approve a massage establishment license to Ming Liu valid to December 31, 2015, and a Massage Therapist License to Xiao Ying valid to December 31, 2015. Motion carried 5-0. 8.2 City of Elk River Ambassador and Royalty Program Ms. Eddy presented the staff report. Mayor Dietz asked questions about what types of resources were requested, such as equipment like a parade float. Ms. Eddy stated at this time, the representatives were requesting input and support from the Council to allow use of things like our brand plan, logo colors, etc., to allow for consistency and positive reflection of Elk River on their advertisements and floats. Their organization would locate their own equipment resources like a parade float. Councilmember Westgaard asked if there is any budget commitment requested from City Council Minutes Page 5 September 8, 2015 ----------------------------- the city. Ms. Eddy stated at this time no city funds are requested as the applicants are applying for a 501 (c) (3) status, allowing them to receive financial contributions from surrounding businesses. Councilmember Wagner asked about the ambassador program timeline. Ms. Eddy stated they are anxious to begin next summer, knowing it will take some time to incorporate the 501 (c) (3) status and generate funding from local businesses, but she indicated the vision and core values of the program was laid out. Moved by Councilmember Burandt and seconded by Councilmember Wagner to accept Resolution 15-54 supporting the City of Elk River Ambassador and Royalty Program as outlined in the staff report. Motion carried 5-0. 8.3 Snow and Ice Control Policy Ms. Fischer presented the staff report. Mayor Dietz asked how staff would notify residents of policy revisions. Ms. Fischer stated staff met with Sherburne County Emergency Services Deputy Director Seth Hansen, who suggested utilizing CodeRed, the reverse community notification service utilized by Sherburne County Dispatch, to announce snow emergencies to residents. She stated staff will also use social media outlets like Facebook, Twitter, and written publications like the Star News and the Current for notifying residents of the recent policy changes for the fast-approaching 2015-2016 season. Chief Nierenhausen stated the changes made to this policy will be a great advantage to his police officers and offer a better overall approach to snow removal. He stated utilizing the free services that CodeRed offers will be a huge advantage in reaching residents for snow emergency notifications, as well as severe weather notifications. He stated staff will use courteous and timely parameters when notifying residents of snow emergencies. He indicated they will heavily advertise and encourage residents to sign up for CodeRed. Councilmember Wagner stated some association neighborhoods do not have the option of using the suggested swing-away mailboxes. Ms. Fischer said she is aware some neighborhoods have specific regulations regarding mailboxes and the swing-away option is a more practical option for the more rural neighborhoods. City Council Minutes Page 6 September 8, 2015 ----------------------------- Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 15-27 amending Section 74-102, Snow Removal Parking, and approve the revised Snow and Ice Control Policy as outlined in the staff report. Motion carried 5-0. 8.4 Change in Energy City Commission Meeting Dates Ms. Mroz presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Westgaard to adopt Resolution 15-55 Rescinding Resolution 11-27 Relating to the Meeting Time for the Energy City Commission Meetings, and adopt Ordinance 15-28 amending Section 2-355, Governing the Meetings and Rules of Procedures of the Energy City Commission of the City of Elk River, Minnesota, City Code, as outlined in the staff report. Motion carried 5-0. 8.5 Ordinance Amendment Incorporating 2015 State Law Changes Regarding Liquor into City Code Ms. Allard presented the staff report. Moved by Councilmember Westgaard and seconded by Councilmember Olsen to adopt Ordinance 15-29 amending Chapter 6 of the City Code regarding alcoholic beverages as outlined in the staff report. Motion carried 5-0. 8.6 Economic Development Authority and Housing Redevelopment Authority Levies Mr. Simon presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt Resolution 15-56 approving the Economic Development Authority 2016 Tax Levy. Motion carried 5-0. Moved by Councilmember Burandt and seconded by Councilmember Westgaard to adopt Resolution 15-57 approving the Housing and Redevelopment Authority 2016 Tax Levy. Motion carried 5-0. City Council Minutes Page 7 September 8, 2015 ----------------------------- 8.7 Discuss Work Session Items Mr. Portner presented the staff report. Mayor Dietz asked to add a discussion regarding adding members to the Elk River Municipal Utilities Commission, making it a 3-member to a 5-member board. He indicated because state statute indicates the change would have to be approved by the legislature, with seats adopted by the council. 5. Open Forum Mayor Dietz reopened Open Forum. Ralph Donais, 906 Lookout Place, expressed his concerns with the assignment of the building at 907 Main Street as a C1 – Commercial Preferred property and allowing the use of a tattoo parlor to operate in a residential area. He stated he made this argument years ago to the council of his concerns that this type of business could be located there, and feels tattoo parlors encourage a segment of society that basks in the glory of a tattoo and neighboring children and residents shouldn’t be exposed to seeing tattooed folks. Mayor Dietz asked staff to review the history of this commercial assignment and bring it back to council for discussion. 9.1 Staff Liaison Updates The Council provided their liaison updates. Councilmember Olsen mentioned during his update that he had received an email from a resident requesting the barn located on the Houlton property be saved and used rather than demolished. Mayor Dietz stated he thought the buildings had to be removed as it was considered a conservation area, and discussed the necessity of bring the building up to code in order for it to be used. Councilmember Westgaard stated he thought one of the conditions of using the Lessard money was that there were to be no structures left on the property except for one small building to be used for storage of maintenance tools. Mr. Hecker confirmed that the Quonset structure could remain on the property for use as a maintenance building and discussed the Request for Proposals (RFP) being prepared with wording to ask for costs on removal or demolition of the remaining buildings on the property. The council will have final approval on what results from the received RFPs. City Council Minutes Page 8 September 8, 2015 ----------------------------- Mayor Dietz asked if Mr. McGillivray can put something in writing that indicates if the barn has to be demolished or is there an option of it being moved. Mr. Hecker will contact Mr. McGillivray. Mayor Dietz recessed to work session at 7:29 p.m. and reconvened at 7:34 p.m. 10.1 Rivers Edge Commons Park Expansion Proposed Dock and Related Access Mr. Hecker presented the staff report. Paul Paige with HKGi presented the concept plan along with access to the dock and costs associated with the dock. He indicated the dock would require annual maintenance costs above and beyond initial construction costs. Mayor Dietz asked if he could provide a ballpark figure of the project cost. Mr. Paige indicated a ballpark cost would range from $75,000 to $200,000. Mayor Dietz stated it wasn’t a top priority to him to include a dock in the park expansion plans due to the potential cost of making an access to the dock and the annual maintenance cost and upkeep. He felt it may not be a point of commerce that some people suggest it could be, noting other communities like Monticello and their river access. Councilmember Burandt wondered the size of the dock and if it would accommodate the large number of boats and commerce they were trying to generate. Councilmember Wagner suggested a lookout rather than a dock, and include educational signage showcasing the history of the river, downtown area, and local interest spots. She noted canoeists and kayakers could utilize Babcock Park to access the downtown area. She asked if the feasibility study could be done in-house. Mr. Hecker indicated he didn’t think staff could prepare a feasibility study due to time constraints and project expertise. The council agreed to have Mayor Dietz contact the citizens requesting the dock to solicit funds to pay for the $8,700 feasibility study. 10.2 E-Cigarette Regulation for Indoor Public Places Ms. Allard presented the staff report. She introduced Katie Gruber with CentraCare Health and Sherburne County Community Health Coordinator Mark Lees, and indicated Cap O’Rourke representing Independent Retailers was unable to attend that evening. Mr. Lees emphasized the need for a proactive community health enforcement and City Council Minutes Page 9 September 8, 2015 ----------------------------- appreciated the city for taking steps to ensure the county and city are on the same page regarding use of language in the ordinance. Ms. Gruber spoke regarding the unknown health effects of users and those exposed to secondhand vapor, along with the ease of obtaining unregulated products, especially by youth. She emphasized a proactive rather than reactive approach to keeping the city’s establishments safe and supported the city’s update of the ordinance. Councilmember Burandt supported the ban of e-cigarettes in public places and would like to impose the same restrictions that the Minnesota Clean Indoor Air Act (MCIAA) has in place. Mayor Dietz and Councilmember Olsen agreed with Councilmember Burandt. Councilmember Westgaard didn’t dispute the health aspects but also doesn’t want to become ‘big brother’ and felt it too restrictive to impose restrictions by prohibiting e- cigarette use in a home or private business as outlined in the MCIAA. Councilmember Wagner didn’t approve of any use of either tobacco or e-cigarettes but didn’t feel it was the city’s right to tell businesses they can’t allow e-cigarettes and would rather let the business disallow its use if they chose. She also requested that language be included in the city’s policy to prohibit the use of e-cigarettes in city- owned parks. Ms. Allard will come back with an ordinance amendment reflecting e-cigarette restrictions and that the parks and recreation commission make a policy change to not allow e-cigarettes in city-owned parks. 10.3 Orono Parkway Sightlines Chief Nierenhausen presented the staff report and introduced Sherburne County Sheriff Deputies Michael Sieg and Joe Shannon, who presented the findings from their sightline review along Orono Parkway in late August. The major findings from their review indicated drivers along Orono Parkway have limited, obscured vision caused by the height of the center median prairie grasses, which limit sighting vehicles and cause hazards in entering the parkway, as well as pedestrians crossing in the cross walk at the entrances of city hall and the library. They indicated a driver’s minimum safe stopping distance decrease to 1.5 or 1.6 seconds due to the limited sight lines and the deputies both felt there was a high potential for vehicle and pedestrian accidents. Chief Nierenhausen stated he felt there were enough issues here to present to the Council for a discussion on options for making this a safer area for both employees and the public. City Council Minutes Page 10 September 8, 2015 ----------------------------- Commissioner Dave Anderson from Parks and Recreation commission presented feedback regarding prairie grass growing conditions and maintenance. Mr. Paige offered input with determining sight lines and while he relies on crash data for determining specifics, he agreed the taller grasses would slow drivers down as it would obscure their vision and thereby impair their stopping reaction time. Mayor Dietz suggested as a temporary solution to cut the grasses down to 12” high similar to what was done last fall, and have a future discussion of what to put in its place before next spring. The council concurred. Chief Nierenhausen stated he will coordinate with necessary staff to ensure sight line safety is immediately resolved for the time being. The Council proposed to cut down the prairie grasses 12-24” inches in height as soon as possible using 106 feet of sight along the boulevard. Staff will come back to the council this winter for discussion on a long-term permanent solution to improve the sightline safety along Orono Parkway. 10.4 2016 Budget Mr. Simon presented the staff report. It was the consensus of the council to amend the quiet zone resolution to reflect the updated timing of the project and repayment timeline. It was the consensus of the council for staff to review the fire department, street maintenance, and park maintenance expenditures for 2016 and determine if any purchases could be made in 2015. It was the consensus of the council to levy the maximum tax levy option of $10,305,783 or a 2.88% change from last year. ------------------------------- Councilmember Westgaard indicated he will be absent from the October 5, 2015, city council meeting. ------------------------------- Mayor Dietz indicated that reporter Joni Astrup from the Star News is out for 6-8 weeks for surgery. Council requested staff send a get-well card on their behalf. City Council Minutes Page 11 September 8, 2015 ----------------------------- 11. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 9:45 p.m. Minutes prepared by Jennifer Johnson. John J. Dietz, Mayor Tina Allard, City Clerk Special Joint Meeting of the Elk River and Ramsey City Councils Held at the Ramsey City Hall Monday, September 14, 2015 Members Present: Elk River: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Ramsey: Mayor Strommen and Councilmembers Johns, Kuzma, LeTourneau, Riley, and Williams Members Absent: Ramsey Councilmember Shryock Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Economic Development Director Amanda Othoudt, Police Chief Ron Nierenhausen, Fire Chief John Cunningham, City Engineer Justin Femrite, and Recreation Manager Steve Benoit Ramsey Staff Present: City Administrator Kurt Ulrich, Fire Chief Dean Kapler, Police Chief Jeff Katers, Parks and Assistant Public Works Superintendent Mark Riverblood, Community Development Director Timothy Gladhill, City Engineer Bruce Westby, City Planner Chris Anderson, and Asst. City Administrator/Economic Development Manager Patrick Brama 1.Call Meeting to Order Mayor Strommen called the meeting to order at 6:43 p.m. 2. Introductions Mayor Strommen thanked everyone for attending. Mayor Dietz thanked the Ramsey for hosting the meeting and thought it was a great opportunity for the two cities to get together and discuss common interests. Following introductions, Mayor Strommen asked staff to make their presentations on the agenda topics. 3.01 General City Updates Mr. Gladhill presented the group with updates for Ramsey. Councilmember Wagner asked if the apartments in The COR were owner occupied units or rentals. Special Joint Elk River/Ramsey City Council Minutes Page 2 September 14, 2015 ----------------------------- Mr. Gladhill stated they are apartments. He noted they do not have any multi-story condominiums. Ms. Othoudt presented the group with updates for Elk River. Mr. Ulrich wondered if there was anything Elk River was doing in terms of workforce development. Ms. Othoudt stated they have been working towards a workforce development initiative and it is an item she has discussed with Mr. Brama and Anoka Technical College. She thought there may be an opportunity to work together to assist businesses with workforce issues. Mayor Strommen stated Ramsey has been very proactive about marketing to potential new businesses and she inquired about Elk River’s strategies. Ms. Othoudt stated they have shovel ready land available which they are marketing to data centers. She noted developers like to see land ready to go. She stated they have also been attending some marketing data events. She stated they have other specific industries they target through trade shows, which play a huge role in how developers view Elk River and its business friendly philosophy. Mayor Strommen indicated she would be interested in marketing events with Elk River because she thought they could be stronger together without being in direct competition. She indicated she liked the idea of workforce development in the city. Mr. Carlton updated the group on the residential market in Elk River. Mr. Ulrich asked about the detached townhome market and if they have sold well in Elk River. Mr. Carlton stated detached homes have done well. He reviewed some of the neighborhoods in their city and what attracts people to them. Ms. Othoudt stated they are completing an update to their housing study, which should outline the current demands in the housing market. She expects to see more residential development happening in the next year. 3.02 Jarvis Construction Update Mr. Femrite updated the group on the Jarvis reconstruction project. 3.03 Whistle-Free Zone Status Mr. Femrite updated the group regarding the whistle-free (quiet zones) zone for trains. Special Joint Elk River/Ramsey City Council Minutes Page 3 September 14, 2015 ----------------------------- Mayor Strommen asked how many crossings Elk River is requesting to be whistle- free. Mr. Femrite stated all of them. Mayor Dietz stated they received some funding from the State to install crossings at Main Street and at Jackson Avenue. Mr. Femrite reviewed some of the funding sources utilized. Councilmember Kuzma appreciated Elk River’s cooperation on the Jarvis Street improvement and the railroad crossings. He stated Ramsey is interested in quiet zones and hopes to get Alpine Street converted soon. He indicated it took 18 months to get through the process of achieving a couple of quiet crossings in Ramsey. Mayor Dietz stated they are waiting on the railroad to complete their end of the project. Councilmember Williams asked if they had to close any crossings in order to get the improvements approved. Mr. Femrite stated the railroad looked at their crossings and determined there was not, due to spacing, any crossing that could be closed so they are doing the necessary safety improvements to keep all the crossings open. 3.04 Local Road Funding Mr. Westby updated the group on local road reconstruction in Ramsey. Mr. Portner asked if there is a bike trail on the south side of Highway 10. Mr. Riverblood explained the area. Councilmember Westgaard asked if Ramsey received pushback from the State for the Armstrong Avenue interchange. Mayor Strommen stated they approached this project with a planning study, looking long-range across the corridor, which has been agreed to by MnDOT and multiple cities along the corridor. Mr. Westby reviewed a map of the interchange and indicated a couple of closures associated with the project. Councilmember Westgaard stated there didn’t seem to be closures along the interchange that affected businesses. He stated Elk River has had to deal with this issue which continues to put stress on businesses along Highway 10. He wondered Special Joint Elk River/Ramsey City Council Minutes Page 4 September 14, 2015 ----------------------------- as Ramsey has moved through putting in an interchange, how strict MnDOT has gotten with closing a lot of the access points with their existing businesses. Mr. Gladhill stated a lot has depended on timing of the highway improvement itself. He indicated the study really helped with the businesses and closures made. Mr. Brama stated Ramsey was proactive in acquiring properties and spent more time and resources early on in order to make the project shovel ready for the State. Mayor Strommen stated this was difficult for the city, not only on Highway 10 but also on county roads. She stated Anoka County puts in medians when improving a road and if they are not on Highway 10, they are on a county road, which is where a lot of their businesses are located. Mayor Strommen thought this project was easier than when improvements are made to county roads. She stated the study for this project gave businesses time to plan and know what would be happening. Mr. Ulrich stated the city has gone through a long discussion about using franchise fees and their Council decided the best source of funding would be from the General Fund, land proceeds from The COR development, and to try and identify future sources of funding. He stated Ramsey will continue to talk about franchise fees and whether it makes sense for them. Mr. Portner reviewed the funding scheme utilized in Elk River. He stated they were able to implement a utility fee rather than bonding for street improvements. Ramsey Councilmember Kuzma asked about the utility fee structure. Mr. Portner reviewed the fee. There was discussion regarding franchise fees and how Elk River implemented it without residents objecting to it. Mayor Dietz stated Mr. Femrite did a good job communicating with the public. Anybody who gets an electric bill pays the fee and they did not think a person who has more money should pay more than another person. They set the fee at nine dollars a month and knew this would not change for a long time. He stated they have not raised the fee since they started it and do not plan on increasing it anytime soon. Mayor Strommen asked if residents participated in the process, because in Ramsey, residents were concerned this was a progressive tax and indicated they would rather use the property taxes. Mayor Dietz stated they did not have a lot of the public appear at meetings. He stated a lot of information was pushed out on social media. Mr. Portner stated they did a lot of upfront work so residents felt comfortable with the fee. Special Joint Elk River/Ramsey City Council Minutes Page 5 September 14, 2015 ----------------------------- Mayor Strommen stated they looked at implementing a franchise fee but the Charter Commission had many concerns so Council chose to seek a different route. The Charter Commission expressed concerns of whether the fee was legal. Mayor Dietz stated Council worked with their attorney who did not feel there was an issue. Councilmember Burandt stated she has received a lot of positive feedback, especially from the elderly on fixed incomes. They felt the fee was very affordable, equitable, and kept the streets looking nice. Mr. Femrite stated it takes a change in philosophy and there needs to be communication early in the process. He stated it was a team effort from all staff and Council in Elk River. Councilmember Olsen asked about the issues of the Charter Commission. Mayor Strommen stated there was a question about dedicated fees and if State law allowed them to set a franchise fee. There was also a threat of a special election. Councilmember Westgaard stated it takes a change in philosophy. They can raise the fees at any time and this fee helps the city plan ahead easier. He noted the fee is set aside strictly for road projects. 3.05 Highway 10 Corridor-of-Commerce Efforts Mayor Strommen stated Highway 10 has been Ramsey’s number one priority in terms of transportation. She stated the corridor is critical for public safety noting until the Armstrong Boulevard interchange is completed they have no at-grade separated crossings with BNSF. She stated the issues are workers can’t get to and from work efficiently and car/train accidents. She stated they are looking at broadening their vision for the corridor and trying to raise the visibility of its needs on a larger scale. She stated as a region, we can all do better if we are engaged in this process and noted one of the things Ramsey is working on is the idea of a Highway 10 Summit, including communities from Blaine to Moorhead. She stated we are far underfunded and are looking at raising that profile. Mayor Dietz stated they approached MnDOT about trying to coordinate the signal lights through Elk River but MnDOT is not interested in cooperating, noting their concern is to move traffic along Highway 10. Mr. Femrite stated they have been working with Senator Kiffmeyer about trying to get smart lights (adaptive traffic signal controls) installed along Highway 10. He stated she has been supportive and has been looking for funding. Mayor Strommen stated they worked hard over the last few years with Anoka County, which has made it easier with legislators. Special Joint Elk River/Ramsey City Council Minutes Page 6 September 14, 2015 ----------------------------- 3.06 Regional Recreational Corridor for North Mississippi River Mr. Riverblood updated the group regarding the regional recreational corridor for North Mississippi River. Mr. Benoit stated the city adopted their Master Park Planin June. He updated the group about the Master Plan and indicated trails are very important to residents of Elk River. 3.07 Public Safety Coordination Chief Kapler updated the group about public safety in Ramsey. He stated coordination across county line is working well. He noted Fire Station #2 is being rebuilt. There will be a police substation and an ambulance baywithin the building. Chief Cunningham agreed and stated as a department they can’t do everything themselves noting he appreciates the cooperative efforts. He updated the group about public safety in Elk River. Chief Katers stated the police departments work well together. They have had calls for service but mutual aid is different than how it works for fire departments because there are two counties involved. The demands have changed in the calls for service. Law enforcement in general has recently had some negative publicity but when he has talked to local residents he has found it not to be the case. Residents are very supportive of the department. The department is constantly looking at different ways to reallocate resources and one area they are working on is community engagement. He stated it has been successful and positive. Chief Nierenhausen concurred and stated they are similar yet different. There is a lot of land in between the two cities and different radio systems are used unless they go to a different channel to communicate, which they are hoping to rectify in the near future. He thought the overall lesson public safety has learned is to reach out to other organizations and find out where each is strong/weak and to learn from each other. He stated they have to be self-sufficient and rely on what is around them. Mayor Dietz asked about officer morale due to the current negative climate in the U.S. Chief Katers stated he keeps reminding officers of the reason they joined the force, plus there has been positive comments from local citizens. The officers have actually seen an increase in the amount of citizens coming to them at events and thanking them. He thought it was almost a reverse effect. He stated they will continue to do the job whether they are seen in the best light or not but he thought it had a good effect locally. Special Joint Elk River/Ramsey City Council Minutes Page 7 September 14, 2015 ----------------------------- Chief Nierenhausen stated their officers have been advised to change some of their tactics and not let their guard down. He thought they both benefit from working in communities considered bedroom communities, which typically generates more appreciation for law enforcement. Mayor Strommen asked if there are trends both communities are seeing. Chief Katers stated their calls for service are more quality of life calls than criminal calls. Chief Nierenhausen stated they are seeing more quality of life calls but are seeing calls requiring two or three officers. He thought this trend would rise in the coming years. Chief Katers stated the complexity of calls are increasing and it takes more people to solve some of the crimes. 3.08 Other Mayor Strommen asked if there were any other issues to be discussed. Hearing none, Mayor Strommen thanked staff from both cities and felt it was helpful to get together on occasion to share information. She thanked the Councils from both cities for participating. Mayor Dietz echoed the thoughts and felt they should do it again soon. 4. Adjournment Motion by Mayor Strommen, seconded by Councilmember Riley, to adjourn the worksession meeting. The worksession of the City Council adjourned at 9:00 p.m. John J. Dietz, Mayor Tina Allard, City Clerk Special Joint of the Elk River City Council, Economic Development Authority, Housing and Redevelopment Authority, and Parks and Recreation Commission Held at the Elk River City Hall Tuesday, September 15, 2015 Council Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Boards/Commission EDA Member Pat Dwyer, HRA Member Louise Kuester, Planning Members Present: Commission Chair Eric Johnson, Planning Commissioners Jeremy Johnson, Jill Larson-Vito, Brad Thiel, Parks and Recreation Commissions Dave Anderson, Guenther Sagen, Dave Kallemeyn, and Ryan Holmgren Boards/Commission Members Absent: EDA Members Bryan Provo and Dan Tveite, HRA Commissioners Stewart Wilson, Dennis Chuba and Larry Toth, Planning Commissioners Andrew Crook, Mark Konietzko and Garrett Christianson, Parks and Recreation Commissioners Mike Niziolek, Jim Nystrom and Mark Ahlness Staff Present: City Administrator Calvin Portner, , Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, City Attorney Peter Beck, Parks and Recreation Manager Steve Benoit, Economic Development Director Amanda Othoudt, Economic Development Specialist Colleen Eddy, and Sr. Administrative Assistant/Recording Secretary Debbie Huebner 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. Public Planning City Administrator Calvin Portner introduced Rita Trapp of Hoisington Koegler Group. Ms. Trapp provided a presentation, “Connecting Vision and Process for Future Generations”. The following topics were covered:  Introductions  Planning Overview  Authority to Plan  Development Review Process  Roles and Responsibilities City Council Minutes Page 2 September 15, 2015 -----------------------------  Strengthening the Public Process  Elk River Plans 3. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:23 p.m. Minutes prepared by Debbie Huebner. John J. Dietz, Mayor Tina Allard, City Clerk Meeting of the Elk River City Council Held at Elk River City Hall Monday, September 21, 2015 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard (6:14 p.m.), and Wagner Members Absent: None Staff Present: City Administrator Calvin Portner, Parks and Recreation Director Michael Hecker, Finance Director Tim Simon, Senior Planner Chris Leeseberg, City Attorney Peter Beck, Economic Development Director Amanda Othoudt, Community Operations and Development Director Suzanne Fischer, Recreation Manager Steve Benoit, and City Clerk Tina Allard 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 6:00 p.m. by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 3. Consider 9/21/2015 Agenda The agenda was not considered. 4. Consider Consent Agenda Moved by Councilmember Wagner and seconded by Councilmember Burandt to approve the following consent agenda: 4.1 Check Register, check numbers 93608-93796 as outlined in the staff report. 4.2 Pay estimates as outlined in the staff report. 4.3 Adopt Resolution 15-59 regarding interfund loan for the Quiet Zone improvements. 4.4 Special event permit and temporary on-sale liquor license to American Legion valid for Saturday, October 17, 2015, with the following conditions: 1.The liquor license is not valid until approved by the Commissioner of Public Safety. 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 City Council Minutes Page 2 September 21, 2015 ----------------------------- notify. The event planner must submit an affidavit that the notice was distributed. 3.Alcohol must be limited to an area enclosed by fence with a secured, controlled access. Wrist band control is recommended. 4.Applicant must receive permission for use of any private property. 5.Tents must meet applicable state and fire building code requirements. 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. 6.Live music shall be located as afar into property as possible to alleviate noise and egress issues. Not near entrances. Applicable noise ordinances must be followed. 7.Adequate fire lane access must be maintained at all times on all sides of the building. Gate access for emergency vehicles shall be provided. 8.No parking on Main Street or Railroad Drive east of the roundabout. 4.5A Special event permit to Early Childhood Family Education for walk/run event scheduled Saturday, October 10, 2015 with the following conditions: 1.The event planner is required to notify businesses, residents, and organizations abutting the route. The city will provide a template of the notice that must be distributed and a list of property owners to notify. The event planner must submit an affidavit that the notice was distributed. 2.Applicant shall be responsible for garbage clean-up immediately following the event. 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. 4.Applicant must contact Police Captain Darren McKernan at 763.635.1202 at least three weeks prior to the event to arrange for police reserves. 4.5B Special event permit to Elk River High School for homecoming parade scheduled Friday, October 2, 2015 with the following conditions: 1.The event planner is required to notify all property owners abutting the parade route. The city will provide a template of the notice that shall be distributed and a list of the properties to be notified. The event planner shall submit an affidavit showing the notice was distributed. 2.Garbage clean up shall be completed immediately following the parade. 3.Signs shall be installed at the following locations no later than September 25, 2015.  School Street 50-feet west of Freeport Street (alerting westbound traffic). City Council Minutes Page 3 September 21, 2015 -----------------------------  School Street 100-feet east of Proctor Avenue (alerting eastbound traffic). th  Jackson Avenue at 7 Street (alerting northbound traffic).  Jackson Ave at the north high school parking lot entrance (alerting southbound traffic). The signs shall state: School Street Closed 4:00 p.m. – 6:00 p.m. Friday, Oct. 2 Parade Upon completion of the parade, all signs shall be immediately removed. The sign sheeting shall be orange with black lettering, reflective, and mounted on a 30x30 aluminum plate. The signs shall be mounted in a Type 3 barricade, or approved equal. The barricades shall be secured with sandbags or tied to an existing pole to prevent them from being removed or tipped over. 4.Police and reserve support will be provided for traffic control. 5.Candy may be handed out at the parade but is not allowed to be thrown from moving objects. 4.6 Mutual Aid Agreement between the City of Elk River and Sherburne Countyfor the Use of Law Enforcement Personnel and Equipment. 4.7 Hire Timothy Sevcik as Parks Maintenance Superintendent. Motion carried 4-0. Mr. Sevcik, the newly hired parks maintenance superintendent was introduced. Mr. Sevcik discussed his work background. Council welcomed him to the city. 5. Open Forum No one appeared for Open Forum. 6.1 North Star Boys’ Choir Performance and Receive Proclamation from the Mayor and Citizens of Suhl, Germany Mayor Dietz introduced the North Star Boys’ Choir Director Francis Stockwell. The North Star Boys’ Choir sang a song. Mr. Stockwell noted the document was created on old-time parchment paper and sealed with candle-wax. Mr. Stockwell read the document. Mayor Dietz stated this has special meaning for him because his father was in World War II and had spent two years in Germany. Mayor Dietz expressed his thanks and accepted the document. City Council Minutes Page 4 September 21, 2015 ----------------------------- 6.2 Recognize Dave Anderson Recipient of the NRPA Robert M. Artz Citizen Advocacy Award Mayor Dietz introduced Congressman Tom Emmer. Representative Emmer stated Dave Anderson received the Robert M. Artz Citizen Advocacy Award last Thursday and he wanted to recognize this accomplishment tonight. Representative Emmer thanked Parks and Recreation Director Michael Hecker for submitting Mr. Anderson as a nominee. He commended the Mayor for putting together a letter of recommendation and he discussed Mr. Anderson’s story with the city over the years. He stated there are an incredible amount of hours volunteered by people like Mr. Anderson in many communities and they aren’t recognized enough. Representative Emmer stated it’s amazing that Mr. Anderson has gone above and beyond the average citizen by contributing more than 1,000 hours in volunteer service each year and that he has been helping the city since 1987. He stated he couldn’t be more proud to have Mr. Anderson receive this special award. Mr. Anderson stated he couldn’t do what he does without the leadership and support the city provides and expressed his thanks to everyone noting he has a lot more things to work on with the city. 6.3 City of Elk River Volunteer of the Month – Mayor Dietz Mayor Dietz introduced, read, and presented a plaque to David Burandt, Volunteer of the Month for September. He noted the following volunteering accomplishments:  Volunteer weekly as a bailiff at Sherburne County.  Monthly CAER volunteer.  Work with nutrition assistance programs for seniors.  Work at Art Soup and events at Zabee Theater.  Deliver brochures for community education and city park and recreation department.  Member of the SALT Council.  Volunteer regularly at his church. 7.1 Ordinance Amendment Regarding Accessory Dwelling Units 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. Councilmember Olsen thanked staff for their work on this item. City Council Minutes Page 5 September 21, 2015 ----------------------------- Moved by Councilmember Wagner and seconded by Councilmember Olsen to adopt Ordinance 15-30 amending Section 30,991 (b), R-1 districts of the City of Elk River, Minnesota City Code. Motion carried 5-0. 7.2 Ordinance Amendment for Pool Fences 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 Councilmember Olsen to adopt Ordinance 15-31 Amending Sections, 30-796, Fences; 30-1007, Accessory Structures; 30-1042, Accessory structure setbacks; 30-1582, Accessory structure setbacks of the City of Elk River, Minnesota, City Code. Motion carried 5-0. 7.3 Plant Place, Inc. Conditional Use Permit Mr. Leeseberg presented Mr. Carlton’s 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 Councilmember Olsen to approve Conditional Use Permit, Case No. CU 15-12 with the following conditions: 1.As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all required permits. 2.The proposed storage area shall be reduced in size so as not exceed one- half acre in total storage area. 3.Any proposed expansion of the impervious surface area shall be submitted to the city to review for compliance with city stormwater requirements. 4.Monday through Friday business operations shall not occur outside of the hours of 8 a.m. to 5 p.m. 5.From April through June, business operations may occur 9 a.m. to noon on Saturdays. 6.Retail sales are not permitted. 7.Wholesale to the general public is not permitted. 8.Noise levels shall not exceed the MPCA noise pollution guidelines for residential uses at the property line. 9.Freestanding signage shall be limited to six feet in area and six feet in height. 10.The Conditional Use Permit shall not be recorded until all applicable conditions are substantially completed. City Council Minutes Page 6 September 21, 2015 ----------------------------- 11.If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. Motion carried 5-0. 8.1 Set Budget Meeting Date and Adopt 2016 Tax Levy Mr. Simon presented the staff report. Moved by Councilmember Wagner and seconded by Councilmember Burandt to set the budget meeting for December 7, 2015 at 6:30 p.m. Motion carried 5-0. Councilmember Westgaard stated the city is still waiting for certain pricing estimates such as fuel costs. He noted it is important to realize the levy can be reduced by the Council but not raised any higher. He stated he did not feel the proposed increase is unreasonable. Mayor Dietz stated a 3.5% increase is too high and needs to be reduced before he will vote in favor of the 2016 budget. Moved by Councilmember Olsen and seconded by Councilmember Burandt to adopt Resolution 15-60 authorizing the proposed tax levy for collection in 2016. Motion carried 5-0. 8.2 Ordinance 78-5 Sunset on Payment and Assessment for Utility Connections Ms. Fischer presented the staff report. There was discussion on the number of homes that would qualify for this program and what the financial impact would be. Attorney Beck stated his understanding was the 90 potential homes qualifying for this program was a citywide number and not specific to this area. Council questioned the developments that should be hooked up but are not. Attorney Beck stated this requirement has been in ordinance for a long time but not enforced. He stated the thought with this current program was to encourage change. He noted the Council could get more proactive on enforcement. Council requested more information on the total homes in the Highland area, how many who took advantage of the program, what year they took advantage of the program, all the current areas where people are not hooked up, and the financial affects. City Council Minutes Page 7 September 21, 2015 ----------------------------- 8.3 Youth Athletic Complex Field Dugouts Mr. Benoit presented the staff report and a presentation. Dave Lodermeier, 13492 181st Circle – Wanted to note for the Council that the association also completed improvements, such as electrical upgrades, to the Youth Athletic Complex (YAC) because they thought it would be fair to the other associations who did not respond to the city’s request for needs. He stated he has been on the baseball board for two years and he is starting to see change and a need for improvements. He stated the dugouts are needed for safety because they are very hot and a lot of foul balls fly toward them. He stated the community deserves the new dugouts and it would mean a lot to the association. He stated these are the city’s premier fields and the Parks and Recreation Master Plan, which states that YAC should be considered as a high quality youth athletic complex. He stated the proposed dugouts are considered high quality and would set Elk River apart from other communities. He noted people from all over the state come to YAC and they generate revenue in the community. Dave Anderson, Parks and Recreation Commissioner – Stated the Commission questioned this expenditure because it used one-fourth of their budget and there are many needs within the parks and recreation system. He expressed concerns with setting a standard for future expendtures of similar magnitude. He suggested waiting until spring 2016 to get new bids, which may come in lower. Mr. Lodermeier stated he works in the construction industry and generally costs don’t go down. He stated by doing this project now they can show the improvements to their membership, which would help fundraising and putting more dollars into a phase II to do the same thing in Oak Knoll Park. He referred to the City of Rogers example and how they were able to build off of local companies. Mayor Dietz questioned how costs would change if volunteers did the project. Mr. Benoit noted limited city resources for managing the project. Mayor Dietz expressed concern with setting a standard that would be expected in all other city parks. He thought it may look funny if the dugouts are designed differently. He stated he is unsure about which way to vote. Councilmember Wagner stated her concern was that the city originally only received one bid. Mr. Lodermeier stated it was difficult and frustrating with trying to get contractors to respond. Councilmember Wagner stated it is her desire to get the dugouts installed. She stated she is not against the project but wants to make sure they get done at a reasonable City Council Minutes Page 8 September 21, 2015 ----------------------------- cost. She further questioned what the branding would be for the outside of these dugouts. Mr. Benoit stated the subcommittee discussed wayfinding but there was more talk related to sponsorships to help offset costs. Mr. Lodermeier highlighted examples such as Coborn’s field in Sartell, which had stamped concrete with their name in it. th Eric Hanson 12648 224 Court – Stated he has done a lot of projects for the association. He stated he started getting steel prices for this project back in February. He stated pricing has increased 7% since July. He stated he was originally only going to do the fencing portion of this project but no one wanted to be the general contractor due to the liability involved. He stated he did not want to manage this project but also didn’t' want to see it die so he offered up to be the general contractor. Councilmember Wagner stated it is important for the associations to step up and she would love to see more tournaments but this project has to make sense on the front side too. Mr. Anderson stated the commission’s hope was to table the project to next year and try to figure out how to get the whole project done for cheap. Mayor Dietz expressed concerns about installing and maintaining high class dugouts in Elk River and suggested waiting until spring to find something cheaper. He felt there should be consistency among the dugouts throughout the city. Mr. Lodermeier stated the association originally had more expensive dugout options selected, such as a stone façade, but realized this current design would be the most economical. Councilmember Westgaard questioned Mr. Hecker about this dugout standard and if he was prepared to put them in all fields throughout the city and have it consume that much of his annual budget. Mr. Hecker stated he is not prepared to answer that but noted that the city he came from previously had standards that had a mix of dugout options. He stated the competitive fields had a different standard than the recreational fields and the total project cost for the whole athletic complex was $6 million. He stated the city could have the four dugouts with the others being different and that it worked out well in Mason. He stated his concern was mostly for the maintenance, but these dugouts would not be any more than any others. Councilmember Westgaard stated the commission is split and he is not sure Mr. Hecker is committed to this project so he is not sure this is the way the city should go on it. He stated if Mr. Hecker wants this quality and standard set for this park, City Council Minutes Page 9 September 21, 2015 ----------------------------- then the Council may support it. He stated these dugouts are high quality and if there was a mechanism in place for the association to help pay a large portion of it, or the commission could provide they are willing to contribute so much per dugout, and this is the standard we want to set in the community, then so be it. But, he stated, he is not hearing this so he is having a hard time making a recommendation to move forward with this purchase. Mr. Hecker noted this is the only association that came forward wanting to do a project with the city. Mayor Dietz expressed surprise that youth baseball is the only organization to step forward to participate as it involved city dollars that didn’t require any work on the part of the associations. Mr. Hecker explained the effort staff made to reach out to the other organizations. Councilmember Wagner stated she would like to see the same design standards throughout the park system. She expressed disappointment that other associations didn't step up but noted the city should consider the needs of all the associations comprehensively. Councilmember Burandt stated the city has a responsibility to its youth for safety and she feels the city should have affordable dugouts for all sites. Mayor Dietz stated it is still the city’s responsibility to consider all interests and he thanked youth baseball for stepping up. Moved by Councilmember Wagner and seconded by Olsen to take the construction of these dugouts back to the parks and recreation commission and to work with staff on them. There was discussion on the current design and if there were ways to lower the costs. Motion carried 5-0. Mr. Portner asked for clarification on the motion. He questioned if the commission is to look at redesigning the dugouts or to consider a different budget amount. Councilmember Wagner stated it is for both the design and the budget. She expressed concern for how the process works at the city. She stated we currently go out and then come back and tell Council what it is going to cost, instead of saying here is what our cost is, what can we build for that cost, whether that cost is all cash or volunteerism. She stated we have a duty to go back and figure out a way to build these dugouts but we have to work harder to get this number down. She stated the commission needs to figure out a dollar amount to set for the purchase of dugouts, and then if the associations want something different, they would need to come up with the additional costs. City Council Minutes Page 10 September 21, 2015 ----------------------------- Mayor Dietz stated his impression is that the Council is sending this back to the commission and wants to see the four dugouts installed for $72,000. Mr. Portner stated the money has already been allocated in the budget for installation of four dugouts. Mayor Dietz stated yes, but the Council feels the four dugouts are too expensive. He stated there was money in the budget for play fields not just dugouts. 8.4 HRA Blighted Properties and Forgivable Commercial/Industrial Loan Program Ms. Othoudt presented the staff report. powerpoint Moved by Councilmember Olsen and seconded by Councilmember Burandt to approve the HRA Blighted Properties Commercial/Industrial Loan Program policy and application as outlined in the staff report. Motion carried 5-0. 9. Adjournment There being no further business, Mayor Dietz adjourned the meeting of the Elk River City Council at 7:52 p.m. John J. Dietz, Mayor Tina Allard, City Clerk