4.1. DRAFT MINUTES 04-08-2013 DRAFT
CLOSED MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 1, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard,and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, and Senior
Administrative Assistant Jennifer Johnson
Also Present: Attorney George Hoff
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 6:00 p.m.by Mayor Dietz.
2. Closed Meeting-Attorney-Client Privilege,Wapiti Lawsuit
The purpose of the closed meeting was to discuss the lawsuit involving Wapiti Park
Campground,Inc.pursuant to MN Statute 13D.05, subdivision 3(b),attorney-client
privilege.
3. Adjournment
There being no further business,Mayor Dietz adjourned the closed meeting of the Elk River
City Council at 6:37 p.m.
John J.Dietz,Mayor
Tina Allard,City Clerk
DRAFT
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 1, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard,and Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner,Finance Director Tim Simon,Fire Chief
T.John Cunningham, City Attorney Peter Beck, and 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 6:40 p.m.by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider Council Agenda
Mayor Dietz requested that item 4.3 be removed from the consent agenda.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WESTGAARD TO APPROVE THE AGENDA AS
AMENDED. MOTION CARRIED 5-0.
4. Consent Agenda
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 MARCH 11, 2013,WORK SESSION MINUTES AND MARCH 18,2013,
REGULAR MEETING MINUTES.
4.2 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.4 ANNUAL RENEWAL OF SALES/STORAGE OF RETAIL FIREWORKS
LICENSE FOR CUB FOODS VALID UNTIL APRIL 9,2014,WITH THE
FOLLOWING CONDITIONS:
1. TWO (2) FIRE EXTINGUISHERS MUST BE PLACED NEAR
THE AREA OF THE FIREWORKS DISPLAY. ONE (1)
EXTINGUISHER MUST BE A WATER-BASED PRESSURIZED
EXTINGUISHER.
2.APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE FIREWORKS DISPLAY IS SET UP FOR
AN INSPECTION.
4.5 BEACH POSTING POLICY
City Council Minutes Page 2
April 1,2013
4.6 ADOPT ORDINANCE 13-04 REPEALING ALL OF CHAPTER 38,
ARTICLE X TITLED "LAWN FERTILIZER APPLICATORS OF THE
CITY CODE OF ORDINANCES."
4.7 APPOINT PLANNING COMMISSIONER ERIC JOHNSON AS
REPRESENTATIVE TO THE ADMINISTRATIVE HEARING BOARD
EFFECTIVE UNTIL FEBRUARY 29, 2016.
4.8.A PROMOTE OFFICER BRIAN BOOS TO PATROL SERGEANT
EFFECTIVE APRIL 2,2013.
48.13 HIRE OFFICER WILLIAM KOCH AS ENTRY LEVEL POLICE
OFFICER EFFECTIVE APRIL 15,2013.
4.9 OTSEGO FIRE INSPECTIONS AGREEMENT AS OUTLINED IN THE
STAFF REPORT.
4.10 RESOLUTION 13-16 IN SUPPORT OF BIG LAKE'S APPLICATION FOR
TRANSPORTATION ECONOMIC DEVELOPMENT FUNDING FOR
THE PROPOSED BIG LAKE REGIONAL RAIL PARK.
MOTION CARRIED 5-0.
4.3 Solicitor Licenses—Elite Home Services of MN.Inc.
Mayor Dietz expressed concerns with contractors going door-to-door after storms offering
storm damage services,noting many do not follow the city's ordinance by first obtaining a
solicitor's license. He requested a review of the city's procedures for allowing door-to-door
soliciting.
Counselor Beck stated there is a constitutional provision that cannot prohibit solicitors to go
door-to-door,but cities can regulate them by identifying and licensing them, and setting
provisions. He stated residents are allowed to post"No Soliciting" signs on their door and
residents are not required to answer their door.
Mr. Portner stated a review of the current solicitor ordinance will be placed on a future work
session.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE SOLICITOR LICENSES FOR
GERICK ENGLE AND TREVOR CHRISTIANSON OF ELITE HOME
SERVICES OF MN, INC.,VALID THROUGH DECEMBER 31,2013. MOTION
CARRIED 5-0.
5. Open Forum
Jennifer Mueller, 18306 Tyler Street,representing the Youth Theater Workshop and Elk
River Community Theater,requested financial and advertising support from the city towards
the upcoming German Festival scheduled for May 18 at Lions Park Center. Specifically, she
requested waiving fees for police services as they would be serving alcohol, as well as
waiving fees for use of Lions Park Center.
This matter was directed to staff for review.
City Council Minutes Page 3
April 1,2013
6.1 Proclamation:Mayors Day of Recognition for National Service
Mayor Dietz read the proclamation stating April 9,2013,as National Service Recognition
Day,encouraging residents to recognize the positive impact of national service in our city,
thanking those who serve, and encouraged people to find ways to give back to their
communities. Charlotte Strei from RSVP,along with volunteers from The Volunteer Bridge,
were present in support of this proclamation.
7. Public Hearings
There were no public hearings.
8.1 Review Proposed Ordinance Change for Fire Department
Chief Cunningham presented the staff report.He noted he's worked with Counselor Beck to
revise the proposed ordinance with changes brought forward as a result from the recently
approved strategic plan.These changes would modernize the department by bringing it in
line with industry best practices,current state laws,and standards that are recognized within
the industry. Chief Cunningham would bring these ordinance changes back to the Council at
a future meeting for formal adoption.
Mayor Dietz asked what would happen to the current bylaws in place.
Chief Cunningham stated a transition period would be used in order to allow for a smooth
transition from bylaws to the use of policies and procedures and the personnel policy
manual to oversee the department.
8.2 Discuss Work Session Agendas
Mr. Portner presented the staff report.
Mayor Dietz asked about the status of the franchise fee discussion.
Mr. Portner stated a complete review would be held soon at a future regular council meeting.
Staff is continuing to respond to residents'questions from mailings and website postings.
Councilmember Westgaard asked the status of the Nature's Dry Cleaning project.
Mr. Portner stated he would receive an update from Jeremy Barnhart on this item and this
would be added to the April 8 work session.
9. Announcements
Mr. Portner reported he and City Engineer Justin Femrite met in Ramsey earlier in the day
with Senator Al Franken and some of his staff to discuss area transportation issues.Also in
attendance were representatives from Anoka and Sherburne counties;board members,
mayors, and city administrators,as well as former state commissioner of transportation
Elwyn Tinklenberg.Those in attendance outlined the area traffic issues and discussed future
plans for the I-94—Highway 10 corridor.He stated Senator Franken is a strong supporter of
the area's transportation needs and he will continue to provide updates on future
transportation plans and funding.
City Council Minutes Page 4
April 1,2013
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 7:08 p.m.
Minutes Prepared by Jennifer Johnson
John J.Dietz,Mayor
Tina Allard,City Clerk