09-08-2015 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, September 8, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Butandt, 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
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 Councihnember Westgaard and seconded by Councilmember
Olsen to approve the September 8, 2015, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councihnember 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.
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September 8, 2015
Page 2
2. On -street parking to be used for customers only. All display
vehicles must be confined to Broadway Bar and Pizza property.
3. Applicant must receive permission for use of any private
property.
4. 167`h 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.
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September 8, 2015
S. 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.
Kris Studniski, 9936 - 17e 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.
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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
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September 8, 2015
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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 Cumnt 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.
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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.
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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.
S. 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 Cl — 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.
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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
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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 a -ria Yettes 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.
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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.
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II. Adjournment
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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.
J&m J. I*tz, Mayor
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Tina Allard, City Clerk
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