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03-07-2016 CCMHeld at the Elk River City Hall Monday, March 7, 2016 Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and Wagner Meinbers.Absent: None Staff Present: Finance Directorl"im Simon, Police Chief Ron Nierenhausen, Captain Darren McKernan, Planning Manager Zack Carlton, City EngineerJustin 1"emrite, Park Maintenance Supervisor Tim Sevcik, Assistant Liquor Operations Manager Steve Tilli-nann, (-,try Attorney Peter Beck, and Recording Secretary/Senior Administrative Assistant Jennifer Johnson znnm���-� Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.im by Mayor Dietz. 2. Pledge of Allegiance The Pledge of Allegiance was recited. 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 requited 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 City Council Minutes March 7, 2016 Page 2 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/int.ersections 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. Ep 0 IV I R 1 0 at NATURE K I City Council Minutes NI -arch 7, 2016 ----------------- --- ---, Page 3 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 BricAnna 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. No one appeared for Open Forum, 6. I.C. Oath of Office: Officer Dylan Sandber�.,� r4m Chief Nierenhausen presented Dylan Sandberg, and Mavor Dietz administered the police officer oath of office. 11��Ijj 11��1111 ��� I Chief Nierenhausen presented Megan Kosloske, and Mayor Dietz administered the police officer oath of office. Chief Nierenhausen presented David Williams, and Mavor Dietz adnihi'listered the police officer oath of office. Chief Nierenhausen presented background on Joseph Gacke's background. Mayor Dietz administered the oath of office to Detective Sergeant Gacke, Mr. Tillmann presented background on Liquor Store Clerk Kristi Hanson's experience with the city and expressed his appreciation for her nears of valuable service to the city. Mayor Dietz read and presented a plaque to Ms. Hanson. PO W I R 1 0 all NATURE I City Council Minutes Page 4 March 7, 2016 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 onminimizing 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. IIIIJ!", III I ''Jill f Mr. Sevcik presented the staff report. He introduced Conservation Director Tom Lewanski, 6PA, 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 Witham 1-1. Houlton Conservation area. Mayor Dietz asked questions regarding the cost and staff involvement. Scheduled to open this fall and will parking be available. 1.6 Monetary Donation from Great River Energy Chief Nierenhausen presented the staff report. He introduced Tim Steinbeck and Terry Sederholn-i from Great River Energy, who presented the city with a check in the amount of $10,000. Captain McKcrnan 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. p a IV I NFA a I NATURE] City, ("0111161 Millutes Page 5 March 7", 2016 ---------------- 1-1 -- - -- --- 7. Public Hearings 'nere 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. Sev,cik presented the staff report. I'le indicated if the council approved the unproverricnts and future maintenance to the existing pedestrian easement located at 11936 190"' Circle NW, he would work with the school district during their construction titnefrarne to coordinate improvements to the trail. Moved by Councilmember Wagner and seconded by Councilmember Olsen 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. U Restoration Agreement with Friends of the Mississippi River for Restoration Activities within the William H. Houlton Conservation Area Mt. Se-,,cik 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. Mr. 1"erniltepresented the staff report. The council discussed a proposed turn lane along C'ASH 1 01'roctor Road) at TH 10 and the need for modifying the configuration of the city street network to support P 0 V, I R I a Rt NATURE] Cit), Council Minutes Page 6 March 7, 2016 ------------ 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. 'ne council discussed the area and the limited options available for improvements including future Ili hway 10 expansion plans. It was the consensus of the council to g 9 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 Fast area. Both Mayor Dietz and Counciltriember 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. Counciltnember 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. !111! mell, 11��� I 1'� :.^ t ! , l p ill .t. Mr. Fenarite presented the staff report. After outlining the plan, lie explained the finalization of all agreements with BNSF and MnI)OTwere near completion and he would anticipate bringing them to the next council meeting. Mr. Fenirite 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 C., 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 [ P 0 9 1 R I I I V I IV, 4 &T OU R E J Ci11' Cound Nlinutes P-,ige 7 IN'Lirch 7, 2016 coninut to authorizing spendilip_, additional funds to make the Proctor iNvenue crossing zone compliant with a quiet zone. Councili-ricniber Westgaard stated because there is no substitute for a physical barrier frorn crossing the tracks at Proctor Avenue, a car would still have the ability to drive around the arin even with the wayside horn. He asked if the city can include a 4_ quadrantgate system at Proctor Avenue in the project cost in order to keep the city a quiet zone permanently. Councilinernber Olsen concurred with Councilriacrnber Westgaard. It was the consensus of the council to have staff come back to the April 7 council with. final plans including projected financing allocation. Mr. Simon presented the staff report. Mayor Dietz requested to add a discussion to budget. for funds to add ri-iore red reflective tape to stop sign poles, Counciltricrnbcr Olse.n asked if the Lake Orono Association would be present, at a future work session. Mr. Sirrion indicated he would check on that tnatter. 17 1 a is, S 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 FIk River City Council at 8:33 p.rn. Minutes prepared byJennifer Johnson. ,J(#fn'J.,J)ietz,M Tina Allard,'Citv Clerk 9 BY