4.1. DRAFT MINUTES (2 SETS) 01-20-2015
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, December 15, 2014
Members Present: Mayor Dietz, Councilmembers Wilson, Burandt, Westgaard, and
Motin
Members Absent: None
Staff Present: City Administrator Calvin Portner, Police Chief Bradley Rolfe,
Community Operations and Development Director Suzanne Fischer,
Parks and Recreation Director Michael Hecker, ERMU Director of
Operations Troy Adams, Finance Director Tim Simon, City Engineer
Justin Femrite, Planner Zachary Carlton, 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 6:47 p.m. by Mayor Dietz.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Consider 12 /15/2014 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to approve the December 15, 2014, agenda. Motion carried 5-0.
4. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the following consent agenda:
4.1 December 1, 2014, regular minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Annual license renewals as outlined in the staff report.
4.5 Phone system replacement as outlined in the staff report.
4.6 Ordinance 14- 19 amending Section 38-193, Exceptions to Massage
Therapy Licensing allowing for massage externships.
4.7 Building maintenance technician position description.
4.8 Position layoff and severance as outlined in the staff report.
4.9 Resolution 14-76 supporting and agreeing to maintain a trail segment
along TH10 from Orono Park to Proctor Road.
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4.10 Hire Miles Seppelt as economic development director to begin January
5, 2015.
4.11 Accept bid from Custom Fire Apparatus, Inc. in the amount of
$229,392 for the refurbishment of Ladder 1, with a contingency of
$5,500.
4.12 Resolution 14-77 acknowledging contributions to the Fire Department.
4.13 Resolution 14-78 adopting the 2015 Compensation Plan for non-
organized employees.
4.14 Resolution 14-79 amending the Ice Arena Commission meeting dates
eliminating the January and November meetings and changing the
April and August meetings from the second Tuesday to the third
Tuesday.
4.15 Resolution 14-80 approving acceptance of a donation of real property
(Houlton property).
Motion carried 5-0.
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 Patti Hetrick, Volunteer of
the Month for December. He noted the following volunteering accomplishments:
Member Sherburne County United Way
Women’s Leadership Council
Classroom volunteer Elk River schools
Special Education Advisory Board
Independence Day Committee
Confirmation leader at Central Lutheran Church
6.2 Northstar Corridor Development Authority Certificate of Recognition
– Councilmember Motin
Leigh Lenzmeier, Chair of the Northstar Corridor Development Authority Board,
presented Councilmember Motin with a certificate of appreciation for his service on
the Board.
Mr. Lenzmeier provided a brief update on Northstar ridership for November.
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December 15, 2014
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6.3 Councilmember Recognition
Mayor Dietz, along with Councilmembers Westgaard and Burandt, thanked
Councilmembers Motin and Wilson for their service on the Council. Mayor Dietz
presented plaques to both outgoing Councilmembers.
Mr. Portner also thanked Councilmembers Motin and Wilson for their service.
7.1 Clark Addition (Platting of Outlot in Fox Haven Addition)
Preliminary Plat
Final Plat
Mr. Carlton 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 Westgaard and seconded by Councilmember
Motin to approve the preliminary plat. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt resolution 14-81 granting final plat with the following
conditions:
1.The portion of property, as shown on Exhibit A, shall be dedicated to the
city for right-of-way purposes.
2.Two trees shall be planted in the front yard as indicated in Section 30-934.
3.Park dedication shall be paid for one (1) dwelling unit at the rate
applicable at the time the lot split is released for recording.
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4.Access restriction shall be placed along 185 Avenue.
5.Services to the properties north of Lot 1, Block 1, Clark Addition shall not
be allowed through Lot 1, Block 1, Clark Addition.
6.Failure of the subdivider to submit the final plat within one year, unless a
written request for extension has been submitted and for good cause
granted by the council, shall cause the preliminary plat to become null
and void. However, the subdivider may continue to final plat a phase of
the approved preliminary plat within one year of each phase in order to
extend valid approval of the preliminary plat
Motion carried 5-0.
7.2 Minimum Lot Depth Reduction and a Lot Split for 19375 Oxford
Street
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
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December 15, 2014
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Kendra Lindahl, 19358 Norfolk Street NW – spoke in opposition of the variance
because she does not feel that the request is consistent with the Comprehensive
Plan.
Reg Powell, representing property owner – explained he understands the
neighboring property owners prefer a vacant lot but stated the owners have a right to
enhance their property.
Ted Lindahl, 19358 Norfolk Street NW – stated he is opposed to the variance and
expressed concern over setting precedent for future lot splits.
Ryan Schneider, 12104 Highland Road – indicated he recently purchased his home
because of the large lots and mature trees and is opposed to this request.
Bob Olson, 19337 Norfolk Street – stated he believes property values would drop if
the request is approved.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Councilmember Motin indicated he understands how the neighborhood feels but the
property owner has a good argument for why the request should be approved.
Councilmember Westgaard stated he believes the Board of Appeal made the correct
decision when they denied the request as he doesn’t believe the applicant meets
criteria 4 or 5. Councilmember Wilson and Mayor Dietz concurred.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson for staff to prepare a resolution of denial for the request for a variance
at 19375 Oxford Street which would allow two parcels below the minimum lot
depth of 130 feet in the R-1c Single Family Residential District. (Case Nos. V
14-02 & LS 14-05) Motion carried 5-0.
Mr. Carlton noted the lot split application will be addressed in the resolution for
denial.
7.3 Stonesthrow Properties, LLC )(Coin-tainer) Tax Abatement and
Microloan Review
Mr. Barnhart 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.
7.4 Official Map, Lot 4, Block 1, Mississippi Ridge Second Addition
Mr. Barnhart presented the staff report.
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December 15, 2014
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Mayor Dietz opened the public hearing.
Tom Lucas, 17115 Yale Street – expressed his opposition for having a road impact
the pond near his property. Staff advised Mr. Lucas that based on the information at
this time the pond is not proposed to be impacted.
Walter Cleath, 17241 Yale Street – stated concern over the impact the road will
have on the pond near his property. He also outlined parking concerns. Mayor Dietz
asked planning or police staff to check into.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
Moved by Councilmember Westgaard and seconded by Councilmember
Motin to adopt ordinance 14-20 relating to official maps and adopting an
official map. Motion carried 5-0.
7.5 Ordinance Amendment: Modifying Setback Requirements for
Agricultural Animals
Mr. Carlton 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.
This item will be added to a future work session.
7.6 Ordinance Amendment: Relating to Tap Rooms, Brewpubs,
Microbreweries, and Wineries
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to January 20, 2015.
7.7 Ordinance Amendment: Rezoning of Focused Study Area
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
8.1 2015 – 2019 Capital Improvement Plan
Mr. Simon presented the staff report.
Moved by Councilmember Wilson and seconded by Councilmember Motin to
approve the 2015 – 2019 Capital Improvement Plan. Motion carried 5-0.
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December 15, 2014
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8.2 2014 Budget Amendments
Mr. Simon presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the 2014 budget amendments. Motion carried 5-0.
8.3 Stormwater Utility Fee Program Implementation
Mr. Femrite presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to adopt ordinance 14-21 establishing a stormwater utility. Motion
carried 5-0.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt resolution 14-82 authorizing a transfer from the Surface
Water Management Fund to the Stormwater Utility Fund. Motion carried 5-0.
Moved by Councilmember Wilson and seconded by Councilmember
Westgaard to adopt ordinance 14-22 amending the 2015 Master Fee Schedule
to include stormwater utility fees. Motion carried 5-0.
8.4 HRA and Library Board Appointments
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the Mayoral appointments as outlined in the staff report.
Motion carried 5-0.
8.5 Police Chief Job Description and Recruitment
Mr. Portner presented the staff report. He explained his intention to meet with
Police Department staff as part of this recruitment process.
Moved by Councilmember Westgaard and seconded by Councilmember
Wilson to approve the police chief job description as outlined in the staff
report. Motion carried 5-0.
The Council discussed recruitment for the new chief.
Councilmember Westgaard stated he would like to open the recruitment externally to
test the market. He explained that if the best candidate is internal they will rise to the
top.
Councilmember Motin disagreed explaining he believes we have a good force and
good internal candidates. Councilmembers Wilson and Burandt concurred. Mayor
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December 15, 2014
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Dietz also agreed adding the promotion of an internal candidate would make for a
quicker and smoother process.
Chief Rolfe strongly encouraged an internal promotion process for the next chief.
He explained the ERPD has a history of promoting from within and it has worked
well. He added promoting from within provides for as close to a seamless transition
as possible.
Mr. Portner stated he has not met with either police captain to gauge interest.
Interested candidates will be interviewed by a committee consisting of internal staff
and possibly Sheriff Brott prior to Council interviews.
Council recessed into work session at 8:29 p.m. A cake reception was held for outgoing
Councilmembers Motin and Wilson. The meeting reconvened at 8:39 p.m.
Chair Johnson called the meeting of the Planning Commission to order at 8:39 p.m.
9.1 Gravel Mining Land Use Discussion
Mr. Barnhart presented the staff report.
Kelsey Johnson, WSB and Associates – presented a PowerPoint outlining land use
scenarios for the gravel mining area. Ms. Johnson asked the Planning Commission
and City Council for their preferred options.
Commissioners Keller, Jeremy Johnson, and Eric Johnson preferred Option #3.
Commissioner Petschl liked Option #2 as he prefers the highway business.
Commissioner Konietzko concurred adding that he believes the residential above the
commercial is a nice mix.
Councilmember Motin preferred Option #3 adding that Option #2 has too much
residential.
Mayor Dietz questioned if there is space for a major athletic field. Mr. Barnhart
explained there is and noted the possibility of a joint effort.
Ms. Johnson noted that based on feedback she received from the mining companies,
some plan to be finished mining within five years and some intend to mine for many
more years.
Councilmember Wilson stated he likes the flexibility in Option #3 because we have
no idea what the market will be like when the area is developed. Councilmember
Westgaard concurred adding he likes residential in the southwest portion as a buffer
to the parks.
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December 15, 2014
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Ms. Johnson confirmed the consensus of the group is to move forward with Option
#3. She asked the Council and Planning Commission to let her know if they have
additional comments. Ms. Johnson stated the transportation and utility plans will be
developed through January with the final plan coming before the Planning
Commission in February.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:35 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, January 5, 2015
Members Present: Mayor Dietz, Councilmembers Olsen, Burandt, Westgaard, and
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Operations and
Development Deputy Director Jeremy Barnhart, Finance Director
Tim Simon, Fire Chief John Cunningham, Park and Recreation
Director Michael Cunningham, Police Captains Bob Kluntz and Ron
Nierenhausen, 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. Oaths of Office
Ms. Allard performed the oaths of office for Mayor Dietz and Councilmembers
Olsen and Wagner.
Mayor Dietz dedicated his 4-year term to his parents. He stated there is still a lot
more to accomplish in the city and noted the following:
Stormwater
Ice Arena
Pinewood Golf Course
Budget/Tax Rate
4. Consider 01/05/2015 Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the January 5, 2015, agenda. Motion carried 5-0.
5. Consider Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to approve the following consent agenda:
5.1 Check register as outlined in the staff report.
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January 5, 2015
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5.2 License renewals as follows valid through December 31, 2015:
1.Massage Therapist - Betty Jo Kragt, Life’s Retreat Massage and
Spa.
2.Massage Therapist - Jessica Sager, Bela Salon.
3.Massage Therapist – Stephanie King, Collyard Chiropractic.
4.Massage Establishment and Therapist - Amelia Anderson, Cocoon
House of Massage, 586 Dodge Avenue NW.
5.Tobacco – The ECig Palace, 13493 Business Center Drive NW
5.3 2015 Council Meeting Schedule.
5.4 Resolution 15-01 designating depositories of city funds.
5.5 Designate the Star News as the official newspaper.
5.6 Appoint Mayor John Dietz and Finance Director Tim Simon to the
Fire Relief Association Board with a term expiration of January 4, 2016.
5.7 Appoint Environmental Coordinator Kristin Mroz as assistant weed
inspector.
5.8 Interim pay for police chief.
5.9 Hire Tanner Anderson as street maintenance operator II.
5.10.A Special Event permit for Shiver Elk River event scheduled February 7,
2015 with the following conditions:
1.The event planner is required to notify surrounding businesses,
residents, and organizations. The city will provide a template of the
notice that must be distributed. The city will provide a list of the
property owners who must be notified. Event planner must submit
an affidavit that the notice was distributed.
2.Tents must meet applicable state and fire building code
requirements. No stakes shall be pounded into the pavement.
Applicant is responsible for contacting the fire marshal at
763.635.1110 or 763.238.3489 to schedule an inspection prior to
opening of the tents.
3.Applicant shall be responsible for refuse clean-up immediately
following the event.
4.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.
5.Applicant must contact Police Captain Ron Nierenhausen
(763.635.1202) at least three weeks prior to the event to arrange for
police reserves.
5.10.B Temporary on-sale liquor license to Elk River Lions Club for Saturday,
February 7, 2015 for Shiver Elk River event.
5.11 Quote from Greenscape Companies, Inc. to replace the pavers in the
crosswalk and the upper half of the alley at River’s Edge Commons
Park as outlined in the staff report.
Motion carried 5-0.
6. Open Forum
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January 5, 2015
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No one appeared for Open Forum.
7. Proclaim Brad Rolfe Day
Mayor Dietz stated Chief Brad Rolfe is a dedicated public servant and police officer
during a time in this country when being a police officer is not the easiest thing to
do. He stated Chief Rolfe is a prime example of how well trained the city’s officers
are and he has set the bar very high.
Mayor Dietz stated he is tremendously proud of the Elk River Police Department,
noting they are an outstanding group of individuals who do a tremendous job with
respect for the citizens, and also in getting respect from Elk River citizens and says a
lot about the leadership through the department. He stated Chief Rolfe is a dedicated
professional and a great mentor to all the officers.
Mayor Dietz read the proclamation.
Chief Rolfe thanked the Council for their trust in wanting him to be the Chief of
Police. He thanked his family for their sacrifice of his time. He thanked his staff for
their support.
Captain Bob Kluntz stated the department really cares about the Chief, not only as a
boss and co-worker, but also a friend of many years. He stated the Chief is a
dedicated public servant of integrity, caring, work ethic, while still maintaining a
sense of humor. He stated no one deserves this retirement more and everyone on
staff wish him a happy, healthy, joyous retirement.
8.1 Ordinance Amendment: Tobacco Licensing and Resolution for
Summary Publication of Ordinance
Mr. Allard 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.
Mayor Dietz noted some cities are being more restrictive in their tobacco ordinances
and requested staff to bring back information this spring on what other cities are
doing and what the city’s options may be in regards to the Minnesota Clean Indoor
Air Act and with disallowing e-cigarette usage in restaurants.
Moved by Councilmember Burandt and seconded by Councilmember Olsen
to adopt Ordinance 15-01 amending Section 26, Article II, Tobacco, of the
City of Elk River, Minnesota City Code relating to e-cigarette licensing.
Motion carried 5-0.
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January 5, 2015
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Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to adopt Resolution 15-02 approving summary publication. Motion
carried 5-0.
9.1 Appoint Acting Mayor
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to appoint Barb Burandt as acting mayor for 2015. Motion carried 5-0.
9.2 Designate Cable TV Monitor
Ms. Allard presented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to appoint Jerry Olsen as a cable TV Monitor. Motion carried 5-0.
9.3 Council Appointments
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to appoint Jerry Olsen and Jennifer Wagner to the Economic
Development Authority with a term expiration of December 31, 2018. Motion
carried 5-0.
Moved by Mayor Dietz and seconded by Councilmember Westgaard to
appoint Barb Burandt to the Housing and Redevelopment Authority with a
term expiration of December 31, 2019. Motion carried 5-0.
Moved by Mayor Dietz and seconded by Councilmember Westgaard to
appoint Barb Burandt and Jennifer Wagner to the Administrative Hearing
Board with a term expiration of December 31, 2016. Motion carried 5-0.
Moved by Mayor Dietz and seconded by Councilmember Olsen to make the
following Council appointments:
Board Term Liaison
Heritage Preservation (liaison) December 31, 2016 Jerry Olsen
Library Board (liaison) December 31, 2016 Jerry Olsen
Parks and Recreation December 31, 2016 Jennifer Wagner
Commission (liaison)
Planning Commission (liaison) December 31, 2016 Barb Burandt
Region 7W Transportation Recommended to the John Dietz
Board Sherburne County Board
who will make the
appointment
Northstar Corridor No term expiration given by Jennifer Wagner
Development Authority the Authority
Elk River Municipal Utilities February 28, 2016 John Dietz
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January 5, 2015
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(already serving to this term)
Energy City Commission February 28, 2017 (already Matt Westgaard
serving to this term)
Ice Arena Commission February 28 2016 Matt Westgaard
(already serving to this term)
Motion carried 5-0.
9.4 Discuss Work Session Items
Mr. Portner presented the staff report.
No new items were submitted at this time.
9.5 Houlton Planning Committee Appointment
Mr. Hecker presented the staff report.
Mayor Dietz noted that former Councilmember Stewart Wilson expressed an interest
in serving on this committee. He questioned Council about having him serve as the
Council representative.
Councilmember Westgaard stated he would like Mr. Wilson to serve on the
committee but felt a current Councilmember should also serve on the committee as
they may have a different vision.
Councilmembers Westgaard and Olsen both expressed an interest in serving on the
committee.
Council consensus was that Stewart Wilson should serve as a resident.
Moved by Councilmember Westgaard and seconded by Councilmember
Burandt to appoint Councilmember Olsen as a representative to the Houlton
Farm Property Planning Committee. Motion carried 5-0.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:03 p.m.
John J. Dietz, Mayor
Tina Allard, City Clerk