4.1 DRAFT MINUTES (1 SET) 02-21-2023c�ty of
Elk �
River �
Members Present:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, February 6, 2023
MayTor John Dietz, Councilmembers CoryT Grupa, Mike BeyTer, Matt Westgaard, and Jennifer
Wagner
Members Absent: None
Staff Present: Cit�J Administrator Calvin Portner, Police Chief Ron Nierenhausen, Detective David
Williams, Engineering Project Manager Brandon Wisner, Communit�� Development Director
Zack Carlton, Planner Chris Leeseberg, and Deput�T Cit�T Clerk Jolene Richter
Others Present CityT Attorney Jared Shepherd, Sherburne Count�7 Community Health Coordinator Mark
Lees, David Braslau of David BYaslau Associates, Inc.
I. Call Meeting to Order _
2.
3.
4.
Pursuant to due call and notice theYeof, the meering of the Elk River Cit�r Council was called to order at 6:32
p.m. by Mayor Dietz.
Pledge of Allegiance:
Pledge of Allegiance was recited.
Consider Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Beyer to approve the
agenda. Motion carried 5-0.
Consent Agenda � °
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve:
4.1 January 10, 2023, Joint Elk River Municipal Utilities Minutes.
January 17, 2023, Regular Minutes.
4.2 Check register as outlined in the staff report.
4.3 Master Labor Agreement Between City of Elk River and Law Enforcement Labor Services
Local #231.
4.4 Hire Ali Balabon to position of Fire Department Administrative Assistant effective February
13, 2023.
4.5 Public Works Wall Repair/Replacement, as outlined in the staff report.
4.6 Resolution 23-06 acknowledging donations for Woodland Trails Regional Park.
4.7 Resolution 23-07 accepting donations from the Zimmerman Fire Relief Association.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
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February 6, 2023
6. I Recognize promotion of Officer Michael Welsh to Patrol Sergeant
Chief Nierenhausen presented the staff report and recognized the promotion of Officer Michael Welsh to
the position of Patrol SeYgeant effective FebYuary 7, 2023.
Ma�Tor Dietz administered the oath of office to Sergeant iVlichael Welsh.
6.2 Advisory Board Candidate Interviews
The Council interviewed Mike Brown, Alison Freeman and Aimee Hallen for the Parks and Recreation
Commission and Maija M�Thra and Nicholas Zerwas for the Utilities Commission. The Council will make
appointments at a later dated Council meeting.
7. I Ordinance Amendment: Fee Schedule for Garbage, Environmental and Recreational Fees
1��. PoYtner pYesented the staff report.
MayoY Dietz opened the public hearing. There being no one to speak to this issue, MayoY Dietz closed the
public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Ordinance
23-01 amending the 2023 Master Fee Schedule, as outlined in the staff report. Motion carried 5-0.
7.2 Elk River Vape Shop Inc.: Administrative Hearing
Chief Nierenhausen introduced the Sherburne Counttr Communit�r Health CooYdinatoY MaYk Lees.
1��. Lees presented the staff report.
Mayor Dietz opened the public hearing.
Attorne�r Carol Moss of Hellmuth and Johnson in Edina spoke on behalf of the licensee. The licensee was
not present at the meeting. She stated the�� acknowledge the seriousness of the situation, and the licensee is
taking serious steps to remed�� the situation. Ms. Moss stated the licensee took the following immediate
actions: updated their software pYogYam for checking IDs, offered additional training to staff, incYeased
signage and hired additional securityT to check IDs. TheyT also terminated employTees who did not follow
policies. Ms. Moss continued to speak Yegarding the compliance checks on OctobeY 31, 2022, stating that
the police records indicate the ticket was dismissed. She is asking the Council on behalf of her client to
consider this a first and second violation and foY them to pay $600.
Detective Williams explained the wrong statute `vas noted in the original citation therefore being dropped.
The citation was Yeissued with the correct statute.
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February 6, 2023
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Mayor Dietz asked the city attorney if even though the citation was issued to the employee does that justify
the business being charged for it Counselor Shepherd explained Section 26.33 of the Elk River Cit�T Code
and how the licensee is responsible for the action of its employees.
Ms. Moss stated the licensee was not aware that the OctobeY 31, 2022, violation was re-cited until afteY the
December 5, 2022, violation. She stated if theyT had kno`vn sooner her client �vould ha�re taken steps to
remed�T the situation sooner and avoid the December citation. She continued to ask the Council to waive the
7-dayT suspension.
MayTor Dietz closed the public hearing.
Mayror Dietz asked if the 7-dayr suspension could be lessened. Counselor Shepherd explained we can be
more restrictive, however not less restrictive to state statute.
The Council discussed and unanimously agreed to move forward with the administrative penalties.
Moved by Councilmember Beyer and seconded by Councilmember Wagner to adopt Resolution
23-08 imposing administrative penalties for violation of tobacco license requirements. Motion
carried 5-0.
Discuss Work Session Items
There were no additional work session items added.
Appoint Councilmember: Volunteer of the Year Selection Committee
Mayor Dietz pYesented the staff report.
Moved by Councilmember Westgaard and seconded by Councilmember Beyer to appoint
Councilmember Grupa to serve on the Volunteer of the Year Selection Committee. Motion carried
5-0.
Final Feasibility Report for the Northeast and Northwest Urban Service Area Expansion
Study
Ma�ror Dietz noted some propert�r owneYs are pYesent and will have questions foY the Council. He stated the
propeYt�r owneYs aYe aware no decisions will be made tonight YegaYding their questions.
Mr. Wisner presented the staff YepoYt.
Mayor Dietz asked if the Council would be committed to the studyr of they approved it. 1��. WisneY stated
the study would be used as a guiding document and is not approval foY a pYoject.
MayTor Dietz invited the property owners to speak.
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Rick and Jackie Frederickson, 2093 Neilson Avenue, Long Lake, MN, and Bill and Wendy
Zacharda, 13495 Ranch Rd NW, distributed a letter to the Council `vith their questions (attached in the
staff repoYt).
The Council discussed and directed staff to continue to work with propertyr owners and Capstone with their
concerns. The Council stated theyT would be open to future discussions of options from the propertyT owners
and Capstone.
Moved by Councilmember Wagner and seconded by Councilmember Westgaard to approve the
Final Feasibility Report for the Northeast and Northwest Urban Service Area Expansion Study.
Motion 5-0.
9. Council Liaison Updates . �
Councilmembers provided updates as outlined in the respective advisor�T board's minutes.
�..
Councilmember Be�Ter added on behalf of the Sampsons, �vho lost a loved one, Lynn Sampson, `vanted to
thank the police officeYs for the pYocession into the cemetery.
10. Adjourn Regular Meeting - -
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the
regular meeting of City Council. Motion carried 5-0.
Council recessed at 7:51 p.m. and reconvened in work session at 7:54 p.m.
I I.I Racetrack Sound Testing
Mr. Leeseberg presented the staff Yeport and introduced David Braslau of David BYaslau Associates, Inc.
Mr. BYaslau gave a presentation regarding how noise assessments aYe conducted, noise standards, and
possible mitigation measures, and information regarding sound studies related to racetrack operations.
Ma��or Dietz asked who is responsible to hold up to state standards. Mr. Braslau stated ultimately it would
be the noise pYoducer's responsibilit�r.
i�2a��or Dietz asked if someone complains about noise is the cityr obligated to Yequire a sound study. Mr.
Braslau answered, normall�r the cityr in which the facility is located would be Yesponsible foY conducting the
noise standard. Each communityT would be responsible for their own noise standards, especially since the
cittT is more restrictive than the state.
I 1.2 Nuisance Ordinance
Mr. Carlton presented the staff report.
The Council discussed possible updates and modifications to the cityT's nuisance ordinance to improve
readabilityT, clarityT, and outline enforcement proceedings.
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1�1r. Carlton stated the�T will be bring an ordinance amendment forward for consideration.
Adjournment
Moved by Councilmember Beyer and seconded by Councilmember Wagner to adjourn the meeting
of Ciry Council. Motion carried 5-0.
There being no further business, MayTor Dietz adjourned the meeting of the Elk River CityT Council at 9:02
p.m.
Minutes prepared by Jolene Richter.
John J
Tina Allard, CityT Clerk
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