4.1. DRAFT MINUTES 03-21-2016
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, March 7, 2016
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: Finance Director Tim Simon, Police Chief Ron Nierenhausen,
Captain Darren McKernan, Planning Manager Zack Carlton, City
Engineer Justin Femrite, Park Maintenance Supervisor Tim Sevcik,
Assistant Liquor Operations Manager Steve Tillmann, City Attorney
Peter Beck, 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 03/07/2016 Agenda
Moved by Councilmember Wagner and seconded by Councilmember Olsen
to approve the March 7, 2016, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the following consent agenda:
4.1 Check register, check numbers 9841-9842 and 95584-95794 as outlined
in the staff report.
4.2 Massage Therapist License for Cheyenne Lujano, Life’s Retreat
Massage and Spa, valid until December 31, 2016.
4.3 Special Event Permit for McCoy’s Pub for a 5K walk/run scheduled for
Saturday, March 12, 2016, with 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 the property
owners to notify. Event planner must submit an affidavit that
the notice was distributed
2. ERPD will provide two police reserve officers/community
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service officers to assist with traffic control. Applicant must
contact Capt. McKernan (763.635.1202) at least one week in
advance to make arrangements. The officers will be posted at
Boston/Mississippi St. and Main St./Tipton Ave. and will
move along the race route.
3. Walkers/runners shall utilize sidewalks, trail systems, or road
shoulders throughout the entire route. No road closures are
permitted. It is each runner’s responsibility to ensure the
streets/intersections are safe prior to crossing.
4. A route marshal shall be placed at start of race, at Main
St./Proctor Rd., Main St./Tipton Ave., Mississippi/Orono Rd.,
Boston St./Orono Rd., and along the race route to keep
walkers, runners, and rollerbladers on sidewalks per MN Stat.
169.21. Bike riders are permitted to ride on the shoulder of the
roadway with the flow of traffic following statutory
requirements of MN Stat. 169.221. Route marshals will not
direct traffic.
5. Participants shall not gather on the roadway and obstruct traffic
at the completion of the race; they are to remain on the
sidewalk or Rivers Edge Park.
6. Race marshal shall give a safety brief to all participants prior to
the start of the race explaining the rules. Walkers should start
after the runners.
7. Race may begin at the downtown Rivers Edge Park with the
understanding the park must remain open to the public at all
times.
8. Applicant shall be responsible for garbage clean-up
immediately following the race.
9. No paint allowed anywhere on trails. Chalk or cones may be
used.
4.4 Massage Establishment and Therapist License for Hildegard
Quevedo, River North Massage Studio, 17205 Yale St. NW, Suite B.,
valid until December 31, 2016.
4.5 Peddler License for Michelle Remick, Brain Freezze Ice Cream
Truck, valid until December 31, 2016.
4.6 Resolution 16-12, Findings of Fact for the denial of the request by The
Briggs Companies for a land use amendment and a conditional use
permit to change the comprehensive plan guidance and allow a hotel
on the property located at 17432 Zane Street NW as outlined in the
staff report.
4.7 Resolution 16-13 supporting dedicated state funding for city
streets as outlined in the staff report.
4.8 Decklan Group as Social Media Consultant for the Elk River Liquor
Stores as outlined in the staff report.
4.9 Agreement 2016-04 approving the Cooperative Fire Protection
Agreement with the Minnesota Department of Natural Resources as
outlined in the staff report.
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4.10 Resolution 16-14 approving the Minnesota Pollution Control
Agency’s MN GreenCorps Program
4.11 Heritage Preservation Commission Annual Report as outlined in the
staff report.
4.12 Hiring of BrieAnna Simon as Planner I at step B of pay grade 7
effective March 22, 2016.
4.13 Agreement 2016-05 approving the purchase agreement between the
City of Elk River and Sherburne County for .45 acres of property at the
intersection of Joplin Street and Business Center Drive as outlined in
the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1.C. Oath of Office: Officer Dylan Sandberg
Chief Nierenhausen presented Dylan Sandberg, and Mayor Dietz administered the
police officer oath of office.
6.1.B. Oath of Office: Officer Megan Kosloske
Chief Nierenhausen presented Megan Kosloske, and Mayor Dietz administered the
police officer oath of office.
6.1.A. Oath of Office: Officer David Williams
Chief Nierenhausen presented David Williams, and Mayor Dietz administered the
police officer oath of office.
6.2 Oath of Office: Detective Sergeant Joseph Gacke
Chief Nierenhausen presented background on Joseph Gacke’s background.
Mayor Dietz administered the oath of office to Detective Sergeant Gacke.
6.3 Recognition for 30 Years of Service: Liquor Store Clerk Kristi Hanson
Mr. Tillmann presented background on Liquor Store Clerk Kristi Hanson’s
experience with the city and expressed his appreciation for her years of valuable
service to the city.
Mayor Dietz read and presented a plaque to Ms. Hanson.
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6.4 Emerald Ash Borer Management Resolution
Mr. Sevcik presented the staff report.
Councilmember Wagner asked questions regarding the proximity of infestation to
Elk River and how will the city manage if this community’s trees are infected.
Mr. Sevcik discussed the closest known infection of the emerald ash borer being in
the eastern portion of Anoka County. He outlined ideas of possible strategies the city
would need to consider taking to protect its healthy trees and focus on minimizing
infestation, along with this resolution supporting those efforts at the state level by
providing financial and technical support.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve Resolution 16-15 encouraging the Minnesota Legislature
and Governor Mark Dayton to create a statewide program to manage the
Emerald Ash Borer infestation as outlined in the staff report.
Motion carried 5-0.
6.5 Friends of the Mississippi River (FMR) Partnership Presentation
Mr. Sevcik presented the staff report. He introduced Conservation Director Tom
Lewanski, DPA, and Ecologist Alex Roth, PhD., representatives from the Friends of
the Mississippi River (FMR), who presented a PowerPoint presentation detailing
ways of protecting the health and vitality of the great Mississippi River in the Twin
Cities area, and more specifically, in the William H. Houlton Conservation area.
Mayor Dietz asked questions regarding the cost and staff involvement. Scheduled to
open this fall and will parking be available.
6.6 Monetary Donation from Great River Energy
Chief Nierenhausen presented the staff report. He introduced Tim Steinbeck and
Terry Sederholm from Great River Energy, who presented the city with a check in
the amount of $10,000. Captain McKernan displayed the ballistic helmet and vest to
the council, which would be purchased with this donation.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to approve the donation from Great River Energy in the amount of
$10,000 with the intent it be used by the Elk River Police Department for the
purchase of new ballistic helmets and vests.
Motion carried 5-0.
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7. Public Hearings
There were no public hearings.
8.1. February 16, 2016, Minutes
Mr. Carlton presented the staff report
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the February 16, 2016, minutes, as presented in the staff
report.
Motion carried 5-0.
8.2 Maintain Pedestrian Easement and Trail
Mr. Sevcik presented the staff report. He indicated if the council approved the
improvements and future maintenance to the existing pedestrian easement located at
th
11936 190 Circle NW, he would work with the school district during their
construction timeframe to coordinate improvements to the trail.
Moved by Councilmember Wagner and seconded by Councilmember Olsen
th
to maintain the existing pedestrian easement located at 11936 190 Circle NW
and improve the easement with the construction of a bituminous trail as
outlined in the staff report.
Motion carried 5-0.
8.3 Restoration Agreement with Friends of the Mississippi River for
Restoration Activities within the William H. Houlton Conservation
Area
Mr. Sevcik presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Olsen to adopt Agreement 2016-06 between Friends of the Mississippi River
and the City of Elk River to conduct restoration activities within the William
H. Houlton Conservation Area as outlined in the staff report.
Motion carried 5-0.
8.4 2017 Street Improvement Project Update
Mr. Femrite presented the staff report.
The council discussed a proposed turn lane along CASH 1 (Proctor Road) at TH 10
and the need for modifying the configuration of the city street network to support
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the change. Mayor Dietz expressed concerns with the approximate $300,000 cost of
purchasing the properties in question to facilitate the acquisition of needed right-of-
way to complete said modifications. He suggested meeting with all affected property
owners to gauge their interest in the proposed modifications.
The council discussed the area and the limited options available for improvements
including future Highway 10 expansion plans. It was the consensus of the council to
have Mr. Femrite contact the affected property owners in the block to gauge their
interest in the future development of their properties.
The council discussed the Ridgewood East area. Both Mayor Dietz and
Councilmember Westgaard received a few emails from residents in the area that did
not favor the city installing sewer and water service during the resurfacing work.
Mayor Dietz didn’t feel the city should proceed with the installation of sewer and
water based upon the results of responses from affected property owners.
Councilmember Westgaard indicated a challenge for him was the city reconstructs
roads every 20-25 years and had concerns with a future request from residents to
petition for sewer and water service in their neighborhood.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to not include city sewer and water installation as part of the city’s
resurfacing work in the Ridgewood East area based upon letters sent to all 94
affected property owners and out of 52 respondents, only 17% supported the
installation of sewer and water as part of the project.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Burandt
to allow city staff to solicit for professional services to complete final design
and project administration for the 2017 Street Improvement Project.
Motion carried 5-0.
8.5 Quiet Zone Project Update and Plan Approval
Mr. Femrite presented the staff report. After outlining the plan, he explained the
finalization of all agreements with BNSF and MnDOT were near completion and he
would anticipate bringing them to the next council meeting. Mr. Femrite explained
the target date of certification of Elk River with a quiet zone status is planned for
December 2017.
Mayor Dietz expressed concerns with being subjected to the possibility of having the
quiet zone status reversed in the future should an incident occur at a crossing zone
without a 4 quadrant gate system installed. He asked if the council was willing to
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commit to authorizing spending additional funds to make the Proctor Avenue
crossing zone compliant with a quiet zone.
Councilmember Westgaard stated because there is no substitute for a physical barrier
from crossing the tracks at Proctor Avenue, a car would still have the ability to drive
around the arm even with the wayside horn. He asked if the city can include a 4-
quadrant gate system at Proctor Avenue in the project cost in order to keep the city a
quiet zone permanently.
Councilmember Olsen concurred with Councilmember Westgaard.
It was the consensus of the council to have staff come back to the April 7 council
with final plans including a projected financing allocation.
8.6 Discuss Work Session Items
Mr. Simon presented the staff report.
Mayor Dietz requested to add a discussion to budget for funds to add more red
reflective tape to stop sign poles.
Councilmember Olsen asked if the Lake Orono Association would be present at a
future work session. Mr. Simon indicated he would check on that matter.
9.1 Council Liaison Updates
The Council provided updates of the work of the various boards/commissions.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:33 p.m.
Minutes prepared by Jennifer Johnson.
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John J. Dietz, Mayor
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Tina Allard, City Clerk