09-21-2015 CCMMeeting 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
I. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:00 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
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September 21, 2015
Page 2
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).
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■ School Street 100 -feet east of Proctor Avenue (alerting
eastbound traffic).
• 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
County for 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.
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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 Emmet 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 heating. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Councihnember Olsen thanked staff for their work on this item.
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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.
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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 Councihnember 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.
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8.3 Youth Athletic Complex Field Dugouts
Mr. Benoit presented the staff report and a presentation.
Dave Lodermeier, 13492 181 st 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
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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 Cobom's field in Sartell, which had
stamped concrete with their name in it.
Eric Hanson 12648 220 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 facade, 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 carne
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,
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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.
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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.
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Tina Allard, City Clerk
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