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02-19-2013 CCMMEETING 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. Qpen Forum No one appeared for Open Forum. 7.1 City Prosecutor/ County Attorne3: 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 Properjy- 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 31,2o14. 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. J hn %ietz, r Ti na Allard, City Clerk