4.1. DRAFT MINUTES 03-04-2013 12R ° F=0=
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM)
MONDAY, FEBRUARY 11, 2013
Members Present: Mayor Dietz, Councilmembers Burandt,Motin,and Westgaard
Members Absent: None
Staff Present: City Administrator Cal Portner,Finance Director Tim Simon, City
Engineer Justin Femrite,Assistant Director of Economic Development
Clay Wilfahrt,Planning Manager Jeremy Barnhart,Parks and Recreation
Director Michael Hecker, City Attorney Peter Beck,and Executive
Secretary/Deputy City Clerk Jessica Miller
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 Council Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA. MOTION
CARRIED 4-0.
4. Consider Consent Agenda
There were no items for consideration on the consent agenda.
5. Open Forum
No one appeared for open forum.
6. Work Session
6.1. Interview Board/Commission Applicants
The City Council interviewed the board and commission applicants in attendance.The
Council completed all of the interviews prior to making appointments.
Energy City Commission
The Council interviewed Bruce Sayler,representing Connexus Energy,Tim Steinbeck,
representing Great River Energy,and Tom Sagstetter representing Elk River Municipal
Utilities.
MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY
COUNCILMEMBER WESTGAARD TO MAKE THE FOLLOWING
City Council Minutes Page 2
February 11,2013
APPOINTMENTS/REAPPOINTMENTS TO THE ENERGY CITY
COMMISSION FOR THREE-YEAR TERMS TO EXPIRE FEBRUARY 29,2016:
Bruce Sayler Energy-related business representative
Tim Steinbeck Energy-related business representative
Tom Sagstetter Elk River Municipal Utilities Representative
MOTION CARRIED 4-0.
Heritage Preservation Commission
The City Council interviewed Joshua Fox.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER BURANDT TO REAPPOINT JOSHUA FOX TO THE
HERITAGE PRESERVATION COMMISSION FOR A THREE-YEAR TERM TO
EXPIRE FEBRUARY 29,2016. MOTION CARRIED 4-0.
Ice Arena Commission
The Council interviewed DeAnn Givens.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO REAPPOINT DEANN GIVENS
(SKATING CLUB REPRESENTATIVE)AND MIKE CUNNINGHAM (SCHOOL
DISTRICT REPRESENTATIVE)TO THE ICE ARENA COMMISSION FOR
THREE-YEAR TERMS TO EXPIRE FEBRUARY 29,2016. MOTION CARRIED
4-0.
Parks and Recreation Commission
The City Council interviewed Mark Ahlness,Jennifer Wagner, and Ryan Holmgren.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY MAYOR
DIETZ TO REAPPOINT MARK AHLNESS AND APPOINT RYAN
HOLMGREN TO THE PARKS AND RECREATION COMMISSION FOR
THREE-YEAR TERMS TO EXPIRE FEBRUARY 29,2016. MOTION CARRIED
4-0.
The Council urged Ms.Wagner to apply for future board and commission openings.
Planning Commission
The Council interviewed Eric Johnson and Jeremy Johnson.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO REAPPOINT ERIC JOHNSON AND
APPOINT JEREMY JOHNSON TO THE PLANNING COMMISSION FOR
THREE-YEAR TERMS TO EXPIRE FEBRUARY 29,2016. MOTION CARRIED
4-0.
City Council Minutes Page 3
February 11,2013
6.2. Selection of Ward 1 Councilmember to Fill Vacant Seat
Mr. Portner presented his staff report.
Mayor Dietz asked the Council for any comments or feedback regarding the appointment
process.
Councilmember Westgaard stated that he is not sure of the relevance of the question
regarding whether or not the applicants will seek re-election in 2014. He explained that the
question seems to be commanding more attention than the other questions.Mayor Dietz
stated that question was discussed at a previous Council meeting and the concern was that
the person appointed may have an advantage as incumbent if they seek re-election in 2014.
He added that he doesn't believe it is a fair question as the Council has no right to stop a
person from running and the citizens can vote for whoever they wish.
Councilmember Motin stated that he would have preferred more than two days between the
citizen forum and the appointment date to give residents unable to attend the forum more
time to watch the event and comment.
The Councilmembers stated their following preferences:
Councilmember Westgaard stated that he supports Stewart Wilson for appointment to the
Ward 1 Councilmember seat. He explained that Mr.Wilson is familiar with the city and its
processes and plans,heavily involved in the community,and will be able to get up to speed
quickly and represent the citizens of Ward 1 properly. He added that he would like to
discount the question regarding whether or not the appointee will run again in 2014 as that is
a personal decision to be made by the person appointed.
Councilmember Burandt stated that there are three good candidates to choose from but her
preferred candidate is Stewart Wilson. She explained that she believes Mr.Wilson has more
experience and can hit the ground running. She stated that she believes the other two
candidates have valuable talents and she encouraged them to run in the future.
Councilmember Motin stated that his preference is also Stewart Wilson. He explained that
the learning curve with this position is huge and he believes it would be difficult to put
someone in the position with less background than Stewart. He indicated that he believes the
other two candidates showed lack of knowledge with what is going on in the city and that
two years is not enough time to catch someone up on everything. He added that the other
two were good candidates and he encouraged them to get up to speed on the city before
running again.He added that it should be left up to the appointee as to whether or not
he/she decides to seek election in 2014.
Mayor Dietz indicated that his preference is also Stewart Wilson. He explained that it is
important that the person appointed can hit the ground running because the city cannot
afford a 6-9 month learning curve for a 23-month term. He encouraged Mr.Freitag to serve
on a city board or commission prior to running for Council again.He stated that Ms. Olsen
is very qualified and has government experience,but limited experience with Elk River
government. He stated that Mr.Wilson is the most qualified applicant for this position at
this time. He added that he received five calls from residents asking him to vote for Stewart.
He encouraged all candidates to run for election in 2014.
City Council Minutes Page 4
February 11,2013
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO APPOINT STEWART WILSON TO FULFILL
THE WARD 1 COUNCILMEMBER SEAT VACATED BY NICK ZERWAS FOR A
TERM TO EXPIRE DECEMBER 31,2014. MOTION CARRIED 4-0.
6.3. Concept Review of Blackhawk Woods
Mr.Barnhart presented his staff report.
Roger Derrick,applicant,provided a brief overview of his proposed project.
The Council discussed the project.
Councilmember Motin expressed some concern with TIF financing and with the lack of
activity amenities in that area.He stated he would like to see a clubhouse. Mr.Derrick
explained the reasoning behind not including a clubhouse.
The consensus of the Council was for the applicant to move forward and bring the item
back for formal review at a later date.
6.4. Discuss Municipal State Aid Rule Changes and Review Existing Routes
Mr. Femrite presented his staff report. He described the process for making system revisions
and why,based on State Aid Rule changes,it is recommended to make revisions before June
2013. He noted that if a segment is removed from the State Aid system nothing prevents
those same routes to be added back in later.
The Council directed Mr. Femrite to prepare a memo outlining recommended changes and
bring back for Council final approval.
6.5. Council Open Forum
There were no items for discussion under open forum.
7. Announcements
Mr. Portner stated that Recreation Coordinator Stephanie Albin's last day is Wednesday,
February 13. He stated that there will be a small reception at city hall that afternoon and a
happy hour at McCoy's Pub after work that evening.
Mr. Portner suggested having a joint meeting with the County Board in April or May.
Councilmember Motin indicated that May is better for him due to tax season.
Mayor Dietz indicated he is not interested in hiring a replacement for Building Inspector
Doug Wellner at this time.He stated he would like to evaluate the position if necessary in
the future. He added that the recreation coordinator position should be replaced.
8. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:58 p.m.
City Council Minutes Page 5
February 11,2013
Minutes prepared by Jessica Miller.
John J.Dietz,Mayor
Tina Allard,City Clerk
12R ° Flr
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
TUESDAY, FEBRUARY 19, 2013
Members Present: Acting Mayor Westgaard, Councilmembers Wilson,Burandt, and Motin
Members Absent: Mayor Dietz
Staff Present: City Administrator Calvin Portner, City Engineer Justin Femrite,Planning
Manager Jeremy Barnhart, City Attorney Peter Beck,Building Official Bob
Ruprecht,Building Inspector Doug Wellner,Police Chief Brad Rohlf,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 6:30 p.m. by Acting Mayor Westgaard.
2. Oath of Office
Ms. Allard administered the oath of office for Councilmember Ward 1.
3. Pledge of Allegiance
The Pledge of Allegiance was recited.
4. Consider 2/19/2013 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE AGENDA. MOTION
CARRIED 4-0.
5. Consider Consent Agenda
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
5.1 FEBRUARY 4,2013 REGULAR MINUTES AND FEBRUARY 5,2013
SPECIAL MINUTES.
5.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
5.3 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT FOR THE
PUBLIC WORKS PROJECT.
5.4 ACCEPT INFORMATION FROM PLANNING COMMISSION
REGARDNG USE OF OUTLOT A,NORTHSTAR BUSINESS PARK
AND SUPPORT THE FOLLOWING DEED RESTRICTIONS:
• THE PROPERTY SHALL NOT BE PLATTED OR SUBDIVIDED.
• THE WETLAND MAY NOT BE ALTERED.
• A DRAINAGE AND UTILITY EASEMENT SHALL BE RECORDED
OVER THE ENTIRETY OF OUTLOT A.
City Council Minutes Page 2
February 19,2013
MOTION CARRIED 4-0.
6. Open Forum
No one appeared for Open Forum.
7.1 City Prosecutor/County Attorney Update
County Attorney Kathleen Heaney and City Prosecutor Scott Baumgartner were present to
review Elk River statistics as presented in the staff report.Ms. Heaney stated Sherburne
County is still the thirteenth deadliest county in Minnesota DWI's.She stated this will bring
increased funding and patrols for enforcement.Another issue discussed was juveniles and
drugs.She extended appreciation to the Chief and his staff for the work they do to assist the
county.
Acting Mayor Westgaard stated he appreciated Ms.Heaney and Mr.Baumgartner for taking
the time to provide this update to the Council.
7.2 Retirement—Doug Wellner
Mr. Ruprecht provided a history of Mr.Wellner's employment with the city and noted he
brought a wealth of experience,common sense,and integrity to the position. He further
noted Mr.Wellner completed 23,000 inspections during his career and he thanked him for
his service.
Acting Mayor Westgaard read and presented a retirement plaque to Mr.Wellner and thanked
him for his years of service to the city.
8.1 Conditional Use Permit:The Bank of Elk River to Allow Single-Family Use of Property
Zoned C2 Office District, Case No. CU 13-02
Mr.Barnhart presented the staff report.
Councilmember Wilson stated he would abstain from the discussion and vote on this item
due to his employment with the bank.
Acting Mayor Westgaard opened the public hearing.
Corey Wemple,630 Main Street—Stated they plan to convert the building to a single-family
residential rental property.
Acting Mayor Westgaard closed the public hearing.
MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU.13-02,FOR 230 EVANS AVENUE ALLOWING CONVERSION
FROM COMMERCIAL TO RESIDENTIAL 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 DEVELOPMENT SHALL MEET ALL APPLICABLE FIRE CODES.
City Council Minutes Page 3
February 19,2013
3. NO ACCESS ONTO MAIN STREET IS PERMITTED.
MOTION CARRIED 3-1. Councilmember Wilson abstained.
9.1 Consider Councilmember Ward 1 Appointments
Ms.Allard presented the staff report.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO APPOINT STEWART WILSON TO THE
ECONOMIC DEVELOPMENT AUTHORITY VALID TO DECEMBER 31,2014
AND TO SERVE AS LIAISON TO THE HERITAGE PRESERVATION
COMMISSION VALID TO DECEMBER 31,2014.MOTION CARRIED 4-0.
9.2 Construction Project Update:TH 10 Mill and Overlay Spring/Summer 2013
Mr. Femrite provided an update regarding the Highway 10 mill and overlay project
scheduled by Mn/DOT for the spring/summer 2013 construction season.
Councilmember Wilson questioned the notification process for the permanent access
closures due to their effect on area businesses.
Mr. Femrite stated property owners were notified as part of the Focus Area Study but it had
been awhile and noted he would follow-up with Mn/DOT to determine their process.
Council stated they would like to make sure the changes are communicated to area
businesses.
10. Announcements
There were no announcements.
11. Adjournment
There being no further business,Acting Mayor Westgaard adjourned the meeting of the Elk
River City Council at 7:14 p.m.
John J.Dietz,Mayor
Tina Allard,City Clerk