4.1. DRAFT MINUTES (4 SETS) 05-06-2013 MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE CITY OF ELK RIVER(UPPER TOWN CONFERENCE ROOM)
MONDAY, APRIL 8, 2013
Members Present: Mayor Dietz, Councilmembers Burandt,Motin,Westgaard, and
Wilson
Members Absent: None
Staff Present: City Administrator Cal Portner,Finance Director Tim Simon,Assistant
Finance Director Lori Ziemer,Fire Chief T.John Cunningham, City
Attorney Peter Beck and Executive.,S ,cretary/Deputy City Clerk Jessica
Miller
1. Call Meeting To Order
Pursuant to due call and notice thereof,the meeting of the Elk%ver_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 WESTGAARD AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE AGENDA. MOTION
CARRIED 5-0.
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1. MINUTES
• APRIL 1, 2013, CLOSED
• APRIL 1, 2013, REGULAR
4.2. TEMPORARY SALES/STORAGE OF FIREWORKS TO TNT
FIREWORKS INC. TO SELL FIREWORKS FROM JUNE 21,2013,
THROUGH JULY 7,2013,FROM A TENT IN THE PARKING LOT AT
WALMART, 18185 ZANE STREET NW, SUBJECT TO THE
FOLLOWING CONDITION:
■ INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE
PRIOR TO THE TENT OPENING FOR SALES.APPLICANT MUST
CONTACT THE FIRE MARSHAL AT 763.635.1110 FOR AN
INSPECTION AFTER THE TENT AREA HAS BEEN SET UP.
4.3.A SPECIAL EVENT PERMIT AMENDMENT TO ZYLSTRA HARLEY
DAVIDSON CHANGING A DATE FROM AUGUST 24 TO AUGUST 17
AND ADDING AN EVENT ON APRIL 27, SUBJECT TO THE
City Council Minutes Page 2
April 8,2013
FOLLOWING CONDITIONS CONSISTENT WITH THE ORIGINAL
APPROVAL:
1. INSPECTION OF THE OUTSIDE AREA WILL TAKE PLACE
PRIOR TO EACH OUTSIDE EVENT WHEN THERE IS A TENT.
APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 FOR AN INSPECTION AFTER THE TENT AREA HAS
BEEN SET UP.
2. EVENT PARKING MAY NOT OBSTRUCT PUBLIC ROADWAYS OR
RENDER THEM UNSAFE FOR VEHICLE OR PEDESTRIAN
TRAFFIC.
3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY
SITE,THE AREA SHALL BE DELINEATED WITH A BARRIER TO
RESTRICT TRAFFIC.
4. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR
WALKING SURFACE.
5. THE TENT SHALL BE REMOVED WITHIN ONE DAY OF THE
END OF THE EVENT AND THE SITE BE RETURNED TO ITS
PREVIOUS CONDITION.
6. ALL TEMPORARY SIGNS SHALL RECEIVE A PERMIT PRIOR TO
DISPLAY.
4.3.13 SPECIAL EVENT PERMIT TO SALK MIDDLE SCHOOL FOR A 5K
WALK/RUN ON SATURDAY, MAY 18,2013, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP.
2. NO PAINT ALLOWED ANYWHERE ON TRAILS. CHALK OR
CONES MAY BE USED.
3. APPLICANT MUST CONTACT POLICE CAPTAIN RON
NIERENHAUSEN (763.635.1202)AT LEAST THREE WEEKS PRIOR
TO EVENT TO ARRANGE FOR POLICE RESERVES.
4.4. TEMPORARY ON-SALE LIQUOR LICENSE FOR THE ELK RIVER
ROTARY CLUB FOR THE TASTE OF ELK RIVER EVENT ON MAY 16,
2013,WITH THE FOLLOWING CONDITION:
■ ALCOHOL MUST BE LIMITED TO AN AREA THAT IS
FENCED IN WITH SECURED AND CONTROLLED ACCESS.
4.5. APPROVE THE HIRING OF PARKER THEISEN AS PART-TIME IT
SUPPORT ASSISTANT AT PAY GRADE 3, STEP A BEGINNING APRIL
9,2013.
4.6. ORDINANCE 13-05 REPEALING CHAPTER 22,ARTICLE II,TITLED
VOLUNTEER FIRE DEPARTMENT,AND ADOPTION OF NEW
ARTICLE II,TITLED FIRE DEPARTMENT OF THE CITY OF ELK
RIVER,MINNESOTA, CITY CODE.
4.7. RESOLUTION 13-17 ESTABLISHING THE MAXIMUM AUTHORIZED
ON-CALL FIREFIGHTER STAFFING LEVEL AT 45 IN ACCORDANCE
WITH CHAPTER 22,ARTICLE II OF THE ELK RIVER CODE OF
ORDINANCES.
MOTION CARRIED 5-0.
5. Open Forum
No one appeared for open forum.
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April 8,2013
6. Work Session
6.1. German Heritage Festival
Mr. Portner stated this item has been added to the agenda in response to open forum last
week at which Jennifer Mueller requested city financial and advertising support on behalf of
the German Heritage Festival.Specifically,she requested that the fees for police services and
for the use of Lions Park Center be waived. She also requested permission to extend use of
the park for the event until 11:00 p.m.
Mr. Portner explained that typically financial support for community events is requested
through the Economic Development Authority. He added that the Parks and Recreation
Commission waived the rental fees for Lions Park Center;however, traditionally,the city has
not waived actual out-of-pocket expenses.
He stated the group also requested advertising support. He explained that the event will be
added to the community calendar on the city's website but stated staff is not recommending
advertising on the city's other media outlets because it is not a city-sponsored event.
Consensus of the Council was to deny the German Heritage Festival's request for financial
support in excess of the park fees that have already been waived by the Parks and Recreation
Commission. Consensus was also to deny the request to extend the time of the event until
11:00 p.m. due to the proximity of Lions Park to residential areas.
6.2. Financial Management Policies Update
Mr. Simon presented his staff report. He reviewed the proposed updates to the public
purpose expenditure, travel reimbursement,and fund balance policies.
Mr. Simon explained that with the growth of the city and budget over the years,staff would
like to discuss putting a minimum and maximum percentage on the fund balance amount.
He stated staff would like to consider a range.The Council also reviewed the policy of AAA-
rated cities.
Mayor Dietz expressed concerns with raising the fund balance reserve.Mr. Simon explained
that the range provides flexibility and staff would recommend adjustments if the balance is
below 40%or above 45%.He also reviewed Governmental Accounting Standards Board
(GASB) Statement#54 and the ability to assign fund balance beyond the next subsequent
year has changed with revised guidance provided by our auditors. He added,the amount
above 45%will be recommended to be transferred out and budgeted transfers in will be
made to have the same intentions and impacts.
The Council concurred with implementing a general fund balance range between 40-45%.
Mr. Simon reviewed other changes to the policy. He stated the final policy will come back on
an upcoming consent agenda for formal approval.
6.3. Summer Office Hours Policy
Mr. Portner presented his staff report. He stated that in response to the Mayor's suggestion
for longer business hours for building inspections and permitting, staff suggests advertising
City Council Minutes Page 4
April 8,2013
extended permit and inspection hours on Mondays by appointment. He noted that specific
language is not included in the policy as staff feels it is more appropriate to allow the
Building Safety Division to set their own inspection schedule independent of the policy.
Mayor Dietz noted that he spoke with Elk River Municipal Utilities and they are not
interested in implementing summer hours for their employees.
This policy will be brought back for formal approval on an upcoming consent agenda.
6.4. Council Liaison Policv
Mr. Portner presented his staff report.
Councilmember Burandt is in favor of allowing a Council Liaison to participate in
discussions with their boards or commissions to a certain level.
Councilmember Motin indicated he likes the policy as drafted.
Mayor Dietz explained he is not convinced a policy is necessary. He would like to be allowed
to participate in discussion/deliberation at any time during the meeting and not just when
asked to participate. He also stated a Council Liaison should be able to provide his/her
personal opinion on an item if a commissioner asks for it.
Councilmember Motin disagreed. He stated the boards and commissions are advisory and
Councilmembers will be given a chance to provide their opinion when the item comes
before the Council for consideration. He stated that the exception would be if the Council
has already discussed the same issue as outlined in 1(d) of the draft policy.He added he
believes discussion and debate on an item should be limited to the actual appointed
members of a commission.
Councilmember Burandt stated she believes the Council Liaison should be able to provide
background information and assist in clarifying issues when needed. She stated many times a
Council liaison will have background that may be helpful to the commission and she doesn't
believe one Councilmember's opinion would sway a vote.
Councilmember Westgaard indicated a Councilmember should be able to provide their
opinion if asked but should not advocate their personal position.
Mayor Dietz clarified whether or not it is appropriate for the liaison to ask questions in order
to clarify an item on the agenda. Consensus was that gathering information in order to clarify
an issue would be appropriate.
Councilmember Wilson indicated he believes a liaison expressing their personal opinion may
actually influence the commission's decision.
Mr. Portner stated he will revise the draft policy based on feedback and bring it back.
6.5. Council Code of Conduct
Mr. Portner presented his staff report.
City Council Minutes Page 5
April 8,2013
Councilmember Westgaard indicated he likes the Pro-Plymouth Pledge but he is not sure it
is much different than what is currently in place. He believes current policy covers what is
necessary.
Councilmember Motin agreed the policy currently in place is sufficient. He added that if
there has been an issue with a Councilmember in the past,it has been dealt with.
Council consensus was for staff to include protocol reminders in policy similar to what the
school board has in place.
6.6. Council Meeting Schedule
Mr. Portner questioned if the Council would consider reducing the number of City Council
meetings to two a month by eliminating the work session on the second Monday of each
month. He stated work sessions could be added to the end of regular meetings as necessary.
He added that special meetings could also be scheduled as needed. He noted that the
Economic Development Authority(FDA) meetings are held on the second Monday and
staff could explore moving those to the third Monday.
Councilmember Motin indicated he would prefer the Council meetings on the third Monday
to begin at 6:00 p.m.,or immediately following the EDA meetings.The Council concurred.
Council consensus was for staff to move forward with the ordinance amending the City
Council meeting schedule to the first Monday of the month at 6:30 p.m.and the third
meeting of the month at 6:00 p.m.,or immediately following the EDA meeting,whichever is
later.
6.7. City Administrator Performance Review Process
Mayor Dietz questioned how the Council would like to proceed with Mr. Portner's
performance review.He stated he likes the forms that have been used in the past and
suggested the review forms be distributed to department directors,division managers,and
the full Council for completion. He stated he would be willing to score the forms.
Mayor Dietz questioned if the Council would like the reviews to be anonymous.
Mr. Portner explained that the review could be set up in Survey Monkey and submitted
electronically and scores automatically compiled.
Councilmember Motin stated that he would like to see the scores broken down between
staff and Council.
Mr. Portner suggested having only his direct reports evaluate him.He suggested having
anyone who reported to him for the timeframe of the review complete a review form but
eliminate division managers next year because with new directors on board,the division
managers will not report directly to him.
Council consensus was for Mr. Portner to look in to the evaluation process using Survey
Monkey and report back.
6.8. Council Open Forum
City Council Minutes Page 6
April 8,2013
There were no items for discussion under open forum.
7. Announcements
Legal Request for Proposals
Mr. Portner stated that eight firms submitted Request for Proposals for legal services. He
questioned if Councilmembers are interested in participating on the interview panel.
Councilmember Motin expressed an interest but stated he wouldn't be available until May.
Councilmember Burandt indicated she would be interested as well if an additional
Councilmember is needed.
Natures Dry Cleaning
Mr. Portner stated this item is on the Planning Commission agenda for tomorrow and staff
is recommending approval.
Casey's General Store
Mr. Portner stated this item was originally scheduled for tonight's meeting but there was a
scheduling conflict so it is tentatively scheduled for May 6.
Senate Update
Mr. Portner stated the Senate will be reviewing Local Government Aid and sales tax
exemptions tomorrow.
Economic Development Director Position
Mr. Portner indicated that Economic Development Director interviews are finished and an
offer has been made to Brian Beeman pending Council approval next week.
Hockey Day Minnesota
Mayor Dietz stated there is a Hockey Day Minnesota meeting on April 11 at 7:00 p.m. at Elk
River High School. He stated anyone interested in participating should attend the meeting.
8. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:44 p.m.
Minutes prepared by Jessica Miller.
John J.Dietz,Mayor
Tina Allard,City Clerk
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 15, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt, and Motin
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart,Park Planner Chris
Leeseberg, City-Attorney Peter Beck, City Engineer Justin Femrite,Parks
and Recreation Director Michael Hecker,Recreation Manager Steve Benoit,
Community-Operations and De o ment Director Suzanne Fischer, 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 Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 4/15/2013 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE THE AGENDA.
Mayor Dietz requested to pull Item 4.11 Hiring of Economic Development Director,from the
Consent agenda.
The maker and seconder of the motion were agreeable to pulling Item 4.11.
MOTION CARRIED 4-0
4. Consider Consent Agenda
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FOLLOWING CONSENT
AGENDA:
4.1 CHECK REGISTER AS OUTLINED IN THE STAFF REPORT.
4.2 PAY ESTIMATES AS OUTLINED IN THE STAFF REPORT.
4.3 FINANCIAL MANAGEMENT POLICIES AS OUTLINED IN THE
STAFF REPORT.
4.4 RETAIL FIREWORKS LICENSE RENEWAL TO MENARDS IN ELK
RIVER VALID UNTIL JULY 6,2014,WITH THE FOLLOWING TWO
CONDITIONS:
City Council Minutes Page 2
Apri115,2013
1. TWO FIRE EXTINGUISERS MUST BE PLACED NEAR THE AREA
OF THE FIREWORKS DISPLAY. ONE EXTINGUISHER MUST BE
A WATER-BASED PRESSURIZED EXTINGUISHER.
2. APPLICANT MUST CONTACT THE FIRE MARSHAL AT
763.635.1110 AFTER THE DISPLAY IS SET UP FOR AN
INSPECTION.
4.5 RESOLUTION 13-18 CALLING FOR AN ASSESSMENT HEARING FOR
THE 2013 STREET IMPROVEMENT PROJECT.
4.6 FIBER OPTIC INFRASTRUCTURE AGREEMENT WITH ELK RIVER
MUNICIPAL UTILITIES.
FIBER OPTIC INFRASTRUCTURE AGREEMENT WITH
SHERBURNE COUNTY.
4.7 SUMMER OFFICE HOURS POLICY AS OUTLINED IN THE STAFF
REPORT.
4.8 RESOLUTION 13-19 SUPPORTING BEING A HOST SITE FOR
MINNESOTA GREENCORPS MEMBERS THROUGH THE
MINNESOTA POLLUTION CONTROL AGENCY.
4.9A CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6,2013,
REGARDING FORGIVABLE LOAN APPLICATION FOR PREFERRED
POWDER COATING.
4.913 CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6,2013,
REGARDING FORGIVABLE LOAN APPLICATION FOR ALLLIANCE
MACHINE.
4.9C CALL PUBLIC HEARING FOR 6:30 P.M. ON MONDAY, MAY 6,2013,
REGARDING FORGIVABLE LOAN APPLICATION FOR ORLUCK
INDUSTRIES.
4.10 SPECIAL EVENT PERMIT TO ELK RIVER HIGH SCHOOL
DECA/ALL NIGHT GRAD PARTY FOR A 5K RUN/WALK
SCHEDULED FOR SATURDAY, MAY 4,2013,WITH THE FOLLOWING
CONDITIONS:
1. APPLICANT SHALL BE RESPONSIBLE FOR GARBAGE CLEAN-
UP IMMEDIATELY FOLLOWING THE EVENT.
2. WALKERS/RUNNERS ARE TO UTILIZE SIDEWALKS,TRAIL
SYSTEMS, OR ROAD SHOULDERS THROUGHOUT THE ENTIRE
ROUTE.NO ROAD CLOSURES WILL BE PERMITTED. IT IS
EACH RUNNER'S RESPONSIBILITY TO ENSURE THE
STREETS/INTERSECTIONS ARE SAFE PRIOR TO CROSSING.
3. THE APPLICANT SHALL DESIGNATE RACE MARSHALS TO
MONITOR THE RACE ROUTE AND PARTICIPANTS.
MOTION CARRIED 4-0.
4.11 Hiring of Economic Development Director
Mayor Dietz stated Council recently received anonymous information and he would like to
hold off hiring Mr. Beeman for the director position until more background investigation
could be completed. He stated he understands the information may have been sent by
someone vindictively,but felt staff should complete a more thorough follow-up on the
information received before he would be comfortable hiring Mr. Beeman for this position.
Councilmember Motin stated he discussed this matter with staff,who did complete some
follow-up work and found no significant or proven,legitimate information. He stated
City Council Minutes Page 3
April 15,2013
Council should seek staffs recommendation on whether to move forward with the hiring.
He further noted there is a probationary period outlined in the Personnel Policy.
Councilmembers Wilson and Burandt concurred with Councilmember Motin.
Councilmember Wilson further stated he understood the concerns but felt a thorough
interview process was conducted.
Mr. Portner stated he made further inquiries to other cities and no further concerns arose
from those conversations.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO AUTHROIZE THE HIRING OF BRIAN
BEEMAN AS THE ECONOMIC DEVELOPMENT DIRECTOR AS OUTLINED
IN THE STAFF REPORT. MOTION CARRIED 3-1.Mayor Dietz opposed.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month-Mayor Dietz
Mayor Dietz introduced,read,and presented a plaque to April Volunteer of the Month
Margie Hudson. He highlighted some of her volunteering accomplishments:
• Various work for United Methodist Church
• CROP walk
• Keeps the city clean by picking up garbage
6.2 Oath of Office
Chief Rolfe introduced the following:
• Police Sergeant
Mayor Dietz administered the oath of office to Sergeant Brian Boos.
• Police Officer
Mayor Dietz administered the oath of office to Patrol Officer William Koch.
7.1 Conditional Use Permit:Nature's Dry Cleaners to Amend Existing Conditional Use Permit
for 927 Highway 10 to Allow Coin Laundry, Case No. CU 13-04
Mr.Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 13-04,WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE
PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR
City Council Minutes Page 4
Apri115,2013
ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL
EXTERIOR SIGNAGE.
2. THERE SHALL BE NO OUTSIDE STORAGE.
MOTION CARRIED 4-0.
7.2 Conditional Use Permit: Greg and Terry Phillipoi to Allow Horses at 18776 Cleveland Street
NW, Case No. CU 13-05
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 13-05,WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE
PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR
ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL
EXTERIOR SIGNAGE.
2. ADDITIONAL ANIMALS ABOVE ONE ANIMAL UNIT PER ACRE OF
FENCED PASTURE LAND WILL REQUIRE AN AMENDMENT TO THE
CONDITIONAL USE PERMIT.
3. A MINIMUM OF FIVE ACRES OF FENCED PASTURE LAND NEEDS TO
BE PROVIDED.
MOTION CARRIED 4-0.
7.3 Conditional Use Permit: Franklin Outdoor Advertising to Convert Existing Billboard Sign to
Electronic Changeable Copy(2-faced) at 18115 Carson Street NW, Case No. CU 13-03
Mr. Leeseberg presented the staff report.
Councilmember Motin stated this type of digital billboard was discussed about six years ago
and he recalls staff indicating that these types of billboards would not happen in Elk River
due to city ordinances.
Mr. Leeseberg stated there were changes to electronic, changeable copy, signage ordinances
allowing use as a permitted conditional use when Sonic Restaurant and Cornerstone Auto
applied for them.
Mayor Dietz opened the public hearing.
Keith Franklin,Franklin Outdoor Advertising- Stated the sign is in demand and is 100%
occupied. He further noted he is available for questions.
Steve Anderson,Franklin Outdoor Advertising-Noted past concerns with the quality of
these types of signs and how they have evolved over the years.
Mayor Dietz closed the public hearing.
City Council Minutes Page 5
April 15,2013
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO APPROVE CONDITIONAL USE PERMIT,
CASE NO. CU 13-03,WITH THE FOLLOWING CONDITIONS:
1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE
PROPERTY OWNER SHALL RECEIVE ALL REQUIRED PERMITS FOR
ANY BUILDING OR STRUCTURE MODIFICATIONS, INCLUDING ALL
EXTERIOR SIGNAGE.
2. THE DURATION OF EACH DISPLAY SHALL NOT BE LESS THAN 8
SECONDS.
3. THE SIGN SHALL BE EQUIPPED WITH A MECHANISM THAT
AUTOMATICALLY ADJUSTS THE BRIGHTNESS IN RESPONSE TO
AMBIENT CONDITIONS.THESE SIGNS MUST ALSO BE EQUIPPED
WITH A MEANS TO IMMEDIATELY TURN OFF THE DISPLAY OR
LIGHTING IF IT MALFUNCTIONS.
MOTION CARRIED 4-0.
7.4 Resolution for Easement Vacation:Daniel Zdon to Vacate Existing Drainage and Utility
Easement Over Lots 4-6,Block 4,Prestigious Woodland Hills, Case No. EV 13-01
Mr.Barnhart presented the staff report.
Mayor Dietz opened the public hearing.
Dennis Olson, 12969 19611,Lane-Homeowners Association President- Stated the
Association's Board expressed concern with not having an opportunity to review this
request.
Sheldon Swenson, 12901 196h Lane-Stated concerns with the effect on other property
owners and that the Association Board deserves the opportunity to approve this request
prior to City Council approving it.
Jan Bentley, 12887 196th Lane- Concurred with the first two speakers and felt this request
would have a big impact on the whole neighborhood.
Dan Zdon,applicant—Discussed the lot split and how they will be more buildable for the
homes he and his neighbor want to construct.
Mr. Swenson stated because one lot is being eliminated the Board would be short on their
home owner's association assessments.
Mayor Dietz closed the public hearing.
Mayor Dietz asked staff for clarification regarding what action the Council is considering at
tonight's meeting,lot split or easement vacation.
Mr.Barnhart stated this is not a lot split,but rather a boundary line adjustment,which can
be approved internally by staff per the zoning ordinance. He stated Council is considering
the easement vacation.
City Council Minutes Page 6
April 15,2013
Attorney Beck reiterated Mr.Barnhart's comments and further noted the issue of covenants
is a civil matter between the property owners and not an issue for the city to become
involved in.
Councilmember Wilson stated The Bank of Elk River is an owner of one of the lots so he
would abstain from the vote.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13-20 VACATING
A DRAINAGE AND UTILITY EASEMENT, CASE NO. EV 13-01. MOTION
CARRIED 3-0. Councilmember Wilson abstained.
7.5 Wastewater Treatment Facility Plan
Mr. Femrite presented the staff report.
Mayor Dietz opened the public hearing.There being no one to speak to this issue,Mayor
Dietz closed the public hearing.
No further action was needed for this item.
8.1 Resolution Acknowledging Youth Sports to be Safe,Positive,and Fun in Elk River
Mr. Hecker presented the staff report.
Councilmember Wilson questioned the meaning of the phrase changing the culture.
Mr. Hecker stated it means the city is not being reactive but rather will act proactively to
keep the culture of youth sports good,growing,and for it to continue to have a positive
feeling.He stated they want the community to keep feeling that youth sports are a place
where adults help to keep it fun.
Councilmember Wilson expressed concern because he wasn't aware there were deficiencies
with youth sports.
Mr. Hecker stated there are some in the community that think adults get too involved with
the kids and don't make it fun for them.
Mayor Dietz stated the Parks and Recreation Commission questioned the need for this
language.He stated he felt it was letting the people who run youth sports know they have to
follow the rules.
Councilmember Motin stated he is okay with the language and noted there have been more
adults getting involved and addressing some problems, such as safety issues (like concussion
awareness).
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13-21 OF THE
CITY COUNCIL OF THE CITY OF ELK RIVER RECOGNIZING THE NEED
TO CHANGE THE CULTURE IN YOUTH SPORTS. MOTION CARRIED 4-0.
City Council Minutes Page 7
April 15,2013
8.2 Field Use Allocation Policv
Mr. Hecker presented the staff report.
Councilmember Motin suggested the following changes under XVII Allocation Review Process:
• Section 1: both A and B need to be met.
• Section 3: change the language where an individual"may"be asked to attend a
review meeting to the individual"shall"be asked to attend the meeting.
He further questioned the intent of Section 4 regarding how many Parks and Recreation
Commissioners would participate on the review committee.
Mr. Hecker stated at least one member would be on the review committee but there could
be additional members involved.
Mayor Dietz questioned if there were any city recreation programs currently running on any
of the fields that this policy will apply to. He discussed the concerns of youth groups not
being first priority in the policy.
Mr. Hecker stated no.
Mayor Dietz suggested staff write a letter to youth organizations regarding the policy
approval by Council and letting them know they won't expect a lot of change,and that staff
will strive to give them the fields they need. He further stated it is up to staff to come to the
City Council if they feel they need more fields for recreational programming. He stated he
likes the appeal process outlined in the policy and commended staff for the process utilized
to create this policy.Mayor Dietz noted the youth organizations are good corporate citizens
and highlighted some of their contributions.Mayor Dietz would like for staff to have
discussions with the Elk River Lions to figure out how to get more use out of Lions Park.
Councilmember Motin stated,at this time,there is no need to decrease the field use
allocation to youth organizations. He also wants to make it clear that per the new policy,the
city has priority over field use if there is a program they want to host. He stated the youth
organizations may kick in some funds for new fields but the city spends millions of dollars
on maintaining them. He stated he likes the way the policy is written and doesn't want some
underlying items happening differently behind the scenes. He stated the needs of the city
should not be put behind the wants/needs of the youth organizations.
Mayor Dietz clarified that it is for the Council to decide if more fields are needed based on
the programming needs of the city.
Councilmember Motin stated that is true,but the city may not have funds for new fields so
there may be some decisions to prioritize city programming on certain fields before
scheduling the youth organizations.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER BURANDT TO APPROVE THE FIELD USE
ALLOCATION POLICY TO BE EFFECTIVE BEGINNING JANUARY 1,2014.
MOTION CARRIED 4-0.
City Council Minutes Page 8
April 15,2013
8.3 Resolution Acknowledging the Removal and Donation of Obsolete Playground Equipment
Mr. Hecker presented the staff report.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13-22
AUTHORIZING THE REMOVAL AND DONATION OF OBSOLETE
PLAYGROUND EQUIPMENT. MOTION CARRIED 4-0.
8.4 Implementation of a Franchise Fee to Fund the City Pavement Management Program
Mr. Femrite presented the staff report. He reviewed minor modification made to the
Connexus franchise ordinance and handed out an updated version.
Mayor Dietz questioned if this franchise fee will decrease the amount taken from the
General Fund for street repair.
Mr. Simon stated approximately$272,000 would be eliminated from the tax levy.
Council discussed the billing and non-payment process,the rebate process,rate
classifications,implementation process,and future communications to the community.
Mayor Dietz questioned the audience for any comments.
Jane Kiely, 14084 202nd Avenue—Thanked Council for considering this type of program
and expressed her support for it.
Mayor Dietz stated he talked with the city attorney earlier regarding a resident inquiry of
whether a mechanism could be put in place to make sure the franchise funds collected
couldn't be used for anything other than street repairs.
Attorney Beck stated a sentence has been added to the purpose section of the fee ordinances
but the Council can't tie the hands of future City Councils.
Councilmember Motin suggested adding the following language:
■ Section 12. 1: "if the company rejects the franchise or any amendment thereto,it
shall proceed in accordance with Section 12.2.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13-06 GRANTING TO
CONNEXUS ENERGY,A MINNESOTA COOPERATIVE CORPORATION, ITS
SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE TO
CONSTRUCT, OPERATE, REPAIR,AND MAINTAIN IN THE CITY OF ELK
RIVER,MINNESOTA,AN ELECTRIC DISTRIBUTION SYSTEM AN
TRANSMISSION LINES, INCLUDING NECESSARY POLES,LINES,
FIXTURES,AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO A PORTION OF THE CITY, ITS INHABITANTS,
AND OTHERS,AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS
OF THE CITY FOR SUCH PURPOSES;AND PRESCRIBING CERTAIN
TERMS AND CONDITIONS THEREOF WITH THE FOLLWING
AMENDMENT:
City Council Minutes Page 9
April 15,2013
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER BURANDT TO ADOPT ORDINANCE 13-07 GRANTING
TO ELK RIVER MUNICIPAL UTILITIES,A MINNESOTA MUNICIPAL
UTILITY, ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE
TO CONSTRUCT, OPERATE, REPAIR,AND MAINTAIN IN THE CITY OF
ELK RIVER, MINNESOTA,AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES,
FIXTURES,AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO A PORTION OF THE CITY, ITS INHABITANTS,
AND OTHERS,AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS
OF THE CITY FOR SUCH PURPOSES;AND PRESCRIBING CERTAIN
TERMS AND CONDITIONS THEREOF. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13-08
IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE FOR
PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ELK RIVER,
SHERBURNE COUNTY, MINNESOTA. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO ADOPT ORDINANCE 13-09
IMPLEMENTNG A GAS ENERGY FRANCHISE FEE ON CENTERPOINT
ENERGY MINNEGASCO,A NATURAL GAS UTILITY,A DIVISION OF
CENTERPOINT ENERGY RESOURCE CORPORATION,A DELAWARE
CORPORATION ("CENTERPOINT ENERGY")FOR PROVIDING GAS
ENERGY SERVICE WITHIN THE CITY OF ELK RIVER,MINNESOTA.
MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE FRANCHISE REBATE
FORM IN THE STAFF REPORT. MOTION CARRIED 4-0.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13-23
AUTHORIZING A TRANSFER FROM THE STREET IMPROVEMENT
RESERVE FUND TO THE PAVEMENT MANAGEMENT FUND. MOTION
CARRIED 4-0.
Council further discussed how this approval will affect the 2013 Street Improvement
Project.
8.5 Upgrades to the Evans,Westwood, and City Hall Lift Stations
Ms. Fischer presented the staff report.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER MOTIN TO APPROVE THE QUOTE FROM ELECTRIC
PUMP COMPANY TO UPGRADE THE EVANS,WESTWOOD,AND CITY
HALL LIFT STATIONS.
City Council Minutes Page 10
April 15,2013
MOTIN CARRIED 4-0
9. Announcements
Pledge of Allegiance
Mayor Dietz requested that all boards/commission add the Pledge of Allegiance to their
meeting agendas.
Councilmember Motin stated he doesn't feel the Council should mandate for commissions
to perform this and doesn't like to enforce speech on others. He suggested making a
recommendation to them to consider adding it to their meetings.
Council consensus was to make the recommendation.
10. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River City
Council at 8:17 p.m.
John J.Dietz,Mayor
Tina Allard,City Clerk
CLOSED MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, APRIL 15, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt and Motin
Members Absent: Councilmember Westgaard
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck,Finance
Director Tim Simon,and City Clerk Tina Allard
1. Call Meeting To Order
Pursuant to due call and notice thereof<theng of the °'liver City Council was called
to order at 6:00 p.m.by Mayor Dietz.
2. Statement to be Read b Ma or Prior tn Closed Meetin
Mayor Dietz recited the statement as othe agenda.
3. Closed Meeting—Develop and Consider Counteroffers,Related to the City's Purchase of
Pinewood
*k A*hh-,
The purpose of the closed meeting was to develo"p and consider counteroffers related to the
city's purchase of Pinewood Golf Course pursuant to MN Statute 13D.05,subdivision 3(c).
4. Adjournmen``
There being no further business,Mayor Dietz adjourned the closed meeting of the Elk River
City Council at 6:27 p.m
John J.Dietz,Mayor
Tina Allard,City Clerk
MEETING OF THE ELK RIVER
BOARD OF APPEAL AND EQUALIZATION
HELD AT THE SHERBURNE COUNTY GOVERNMENT CENTER
MONDAY, APRIL 29, 2013
Members Present: Mayor Dietz, Councilmembers Wilson,Burandt,Westgaard,and Motin
Members Absent: None
Staff Present: City Clerk Tina Allard,Finance Director Tim Simon,and Executive
Secretary/Deputy City Clerk Jessica Miller
Also Present: Sherburne County Assessor Daniel Weber, Chief Deputy Assessor Greg
Olson,Residential Appraiser Kristi Botzek,Agricultural Specialist Jeanne
Henderson,and Commercial/Industrial Appraiser-William Riley
1. Call Meeting To Order
Pursuant to due call and notice thereof, the in of the Elk\Boar Appeal and
Equalization was called to order at 6:30 p.m.by Mayor Dietz.
2. Board of Appeal and E ualizati
Daniel Weber, Sherburne County Assessor,indicated that the purpose of the Board of
Appeal and Equalization is to consider and review 2013 estimated market values and
property classifications.
Information was presented on the assessme t procedures and statistics for the City of Elk
El
River 2013 assessments.
The Board o ' 'ppeal and" qualization heap appeals as outlined below:
1. Margaret Gildemeister, Parcel Identification Number 75-107-3300
2. Vicki Townsend, Parcel Identification Number 75-107-3305
Ms. Gildee' eister and Ms.Townsend expressed concern over the increased market values of
their homes and questioned the basis for the increase.
Mr.Weber stated a majority of residential properties in Elk River increased approximately
2.3%across the board. He also explained the assessment procedure.Mr. Olson indicated he
believes these parcels are due to be reappraised this year;however,he would be available to
perform a reappraisal of the parcels prior to this Board's reconvene meeting if desired.Ms.
Gildemeister and Ms.Townsend declined stating they simply came to understand the
procedure and that Mr. Olson can reappraise the properties as scheduled later this year.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER BURANDT TO MAKE NO CHANGE TO PARCEL 75-107-
3300. MOTION CARRIED 5-0.
Board of Appeal and Equalization Minutes Page 2
April 29,2013
--------------
MOVED BY COUNCILMEMBER BURANDT AND SECONDED BY
COUNCILMEMBER WILSON TO MAKE NO CHANGE TO PARCEL 75-107-
3305. MOTION CARRIED 5-0.
3. The Bank of Elk River, Parcel Identification Numbers 75-405-0320, 75-405-0340,
75-442-0220, and 75-405-2410
Councilmember Wilson recused himself from this discussion as he is an officer of the bank.
Mr. Weber distributed a handout on the above parcels.
MOVED BY COUNCILMEMBER WESTGAARD AND SECONDED BY
COUNCILMEMBER MOTIN TO MAKE NO CHANGE TO PARCELS 75-405-
0320, 75-405-0340, 75-442-0220,AND 75-405-2410 AS RECOMMENDED BY THE
COUNTY ASSESSOR. MOTION CARRIED 4-0. Councilmember Wilson abstained.
4. Sherburne Lodge #95 Af&Am Inc., Parcel Identification Number 75-402-0253
Mr. Weber distributed a handout on the above parcel.
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER WILSON TO ADJUST THE VALUE OF PARCEL 75-402-
0253 FROM $341,900 TO $321,900 AS RECOMMENDED BY THE COUNTY
ASSESSOR. MOTION CARRIED 5-0.
It was also noted that in addition to the reduction above,$19,800 will be re-classified to the
community service organization classification (232).
5. F. Kruse and L. Lundquist, Parcel Identification Numbers 75-733-0105, 75-733-
0110, 75-733-0115, 75-733-0120, and 75-740-0040
Mr. Weber distributed a handout on the above parcel.
MOVED BY COUNCILMEMBER WILSON AND SECONDED BY
COUNCILMEMBER WESTGAARD TO ADJUST THE VALUE OF PARCELS 75-
733-0105, 75-733-0110, 75-733-0115, 75-733-0120,AND 75-740-0040 FROM$437,900
TO $365,600 AS RECOMMENDED BY THE COUNTY ASSESSOR. MOTION
CARRIED 5-0.
3. Adjournment
There being no further business,Mayor Dietz adjourned the meeting of the Elk River Board
of Appeal and Equalization at 7:04 p.m.
Minutes prepared by Jessica Miller.
Tina Allard,City Clerk
John J. Dietz,Mayor