4.1. DRAFT MINUTES (1 SET) 09-21-2020
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, September 8, 2020
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate
Ovall, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Parks and Recreation Director Michael Hecker, Public Works
Director/Chief Engineer Justin Femrite, Stormwater Coordinator
Brandon Wisner, City Attorney Peter Beck, Finance Director Lori
Ziemer, Human Resources Manager Lauren Wipper, Police Chief
Ron Nierenhausen, Sergeant Dan Block, and Fire and Building
Official Bob Ruprecht.
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 7:03 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the agenda. Motion carried 5-0.
4. Consent Agenda
Mayor Dietz asked that discussion on Item 4.5 be continued at the September 21,
2020 meeting.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve:
4.1 August 3, 2020, Regular Meeting Minutes.
August 10, 2020, Special Budget Minutes.
August 12, 2020, Special Joint Planning Commission Minutes.
August 17, 2020, Regular Meeting Minutes.
4.2 Check register as outlined in the staff report.
4.3 Resolution 20-51 approving Joint Powers Agreement between
Minnesota Bureau of Criminal Apprehension and the City of Elk River
Prosecutor’s Office.
City Council Minutes Page 2
September 8, 2020
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4.4 Resolution 20-52 for Municipal Consent: TH169 Redefine.
4.5 Accept bid for LORE.
4.6 Liquor license fee rebate.
4.7 Police department vehicle purchases.
4.8 Pay Estimate.
4.9 Water quality testing at Lake Orono Beach
4.10 Participation in the MDA AgBMP Loan Program to secure funds for
the Rolling Hills HOA Septic System Repair Project.
Motion carried 5-0.
5. Open Forum
Marlene Basinski, 19157 Troy St NW, expressed concerns regarding code
violations and the size of allowed structures to store items on their property. The
current structure exceeds the allowed size. They have received warning letters and
are concerned about the timeline and cost.
The Council suggested Ms. Basinski work with Mr. Carlton to see if a variance would
resolve the issues. Code enforcement would be suspended until the variance option
could be explored. The issue could be brought to the next council meeting.
Michelle Demars, 9754 Viking Blvd, purchased a property which included a home
used as a duplex rental. After the purchase, she found the property was not zoned
for multifamily rental. She is hoping the council might “grandfather” the property in
as the correct zoning.
Council requested background information and research be provided to help decide
and that the item be brought to the September 21, 2020, Council Meeting.
6.1 Proclamation: Constitution Week
Mayor read the proclamation.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to proclaim September 17-23, 2020 as Constitution Week. Motion
carried 5-0.
6.2 Equity/Cultural Tolerance and Understanding
Paula Benfer gave a presentation asking the city to build a cross functional model for
equity, cultural tolerance, and understanding.
6.3 Minnesota Recreation and Parks Association (MRPA) Award: Rivers
Edge Commons Park
Steve Benoit, representing MRPA, presented two MRPA awards
for the Active Elk River Initiative and the Rivers Edge Commons Park Expansion.
6.4 Downtown Dock
Mr. Hecker presented the staff report.
City Council Minutes Page 3
September 8, 2020
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Shannon Tatro, resident, asked if the city was interested in cost sharing to meet a
spring 2021 install timeline and if this item could be added to the city budget.
Council was under the understanding that community donations would pay for the
installation. Chris Carlson, Envision Company/ERX, has offered to cover 50% of
the dock cost through The Carlson Family Lightshield Foundation.
Craig Murphy, local business owner, offered to help think of revenue streams to
finance the annual maintenance costs.
7.1 Administrative Subdivision by Simple Plat – TRIE Addition
Mr. Carlton presented the staff report. The Parks and Recreation Commission will
review September 9, 2020.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Councilmember Wagner asked if the applicant had concerns with the three
conditions. They will have two years to record the plat with Sherburne County.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to adopt resolution 20-53 granting final plat approval for TRIE
Addition, Case No. P 20-12 with the following conditions:
1. The shed crossing the shared property line shall be relocated to meet
setback requirements or removed.
2. The existing driveway shall be relocated in a manner acceptable to county
and city setback requirements.
3. Park dedication shall be satisfied per the Parks and Recreation
Commission recommendation from their September 9, 2020, meeting.
Motion carried 5-0.
7.2 Windsor Park III Sewer Extension
Mr. Femrite presented the staff report.
Jason Cook, Principal Engineer at Bolton and Menk, gave a presentation.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Council asked about cost sharing of the lift station and improvements.
Mr. Femrite responded that the costs have been estimated but will be finalized and
recommended at the assessment hearing.
City Council Minutes Page 4
September 8, 2020
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Moved by Councilmember Westgaard and seconded by Councilmember Ovall
rd
to adopt resolution 20-54 authorizing the improvement of the Windsor Park 3
Addition Sewer Extension Project. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to adopt resolution 20-55 approving plans and ordering
rd
advertisement for bids for the Windsor Park 3 Addition Sewer Extension
Project. Motion carried 5-0.
8.1 Orono Lake Improvement District Annual Budget
Mr. Wisner presented the staff report.
Patrick Plant, presented budget, which is required under statute.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to adopt resolution 20-56 approving the Orono Lake Improvement District
Annual Budget for the year 2021. Motion carried 5-0.
8.2 Engage Activity Center Broker
Ms. Othoudt presented the staff report.
Council asked about what we can do with the individuals who have asked about
purchasing property previously.
Staff suggested adding certain exclusions to the listing agreement, where in the event
the sale of the property would result from a contract or an agreement with any
person or entity from a list that the city provides would be given a special, lower rate.
The broker will handle all interested buyers going forward. Council will review and
discuss purchase agreements submitted to the broker during a future closed session.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to authorize city staff to engage in an exclusive listing agreement for
the property located at 413 Proctor Ave, with IAG Commercial Real Estate, in
a form acceptable by the city attorney, and prepare an agreement for council
approval. Motion carried 5-0.
8.3 Downtown Reserved Parking
Mr. Carlton presented the staff report.
There will be no staff or police enforcement of signs.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
print and sign five parking stalls along Main Street and Jackson Avenue for
15-minute curbside pick-up until government order limiting restaurant
capacity is lifted. Motion carried 5-0.
City Council Minutes Page 5
September 8, 2020
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8.4 Discuss Work Session Items
Mr. Portner presented the staff report.
9.0 Council Liaison Updates
Council provided updates of various advisory board activities as noted in the
respective board or commission minutes.
Council recessed at 9:12 p.m. for work session. Council reconvened at 9:19 p.m.
10.1 Planet Fitness WAC/SAC
Mr. Portner presented the staff report. Derek Bristlin and Scott Bernstein,
representatives of Planet Fitness, were in attendance.
Council discussed their SAC and WAC unit schedule in relation to the Met Council.
Originally, the unit schedule matched the Met Council, however the Met Council has
made some updates not reflected in our schedule. One significant change is the
differentiation between gyms with and without showers and a divisor for square
footage.
Mr. Bristlin asked that the council revisit the unit computation to bring the fees in
line with usage. Continuing with their project would be determined by whether these
fees could be lowered. They are hoping for an early December opening.
Council stated this was part of a larger discussion around the SAC and WAC
schedules and might not meet the timeline for their construction.
Council will work with City Attorney Beck to research offering a Letter of Credit to
account for potential SAC fees until the unit schedule is updated.
10.2 Bob Hoffman B&B Sod Farms
Mr. Portner presented the staff report.
Bob Hoffman explained how beaver dams at Alba Ridge park caused flooding on
his property. He would like permission to ride his ATV onto the city park to check
on the water flow and beaver activity. He would also like information on who will
take care of any dams that form and trap the beavers.
Mr. Wisner spoke about DNR restrictions on removing dams and beavers and the
impact on water flow. Council cannot grant permission to remove dams or beavers
in a public water course (Trott Brook).
Council directed staff to work with City Attorney Beck to allow Mr. Hoffman to ride
an ATV on the city park land via a license agreement that the city council would
consider. Mr. Wisner will check with the DNR on restrictions on removing dams as
well as the process. Council also encourage park maintenance to remove the dam
more quickly to reduce flooding damages.
City Council Minutes Page 6
September 8, 2020
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10.3 Home Occupation Ordinance
Mr. Carlton presented the staff report. Isaac Poferl, prospective business owner,
was in attendance. Mr. Carlton explained ordinance does not allow for the type of
home business that Mr. Poferl is proposing.
Mr. Poferl explained the regulations and security surrounding gun repair and sales
and that Big Lake and Ramsey do allow this type of home-based business.
Mr. Carlton added an ordinance amendment does require two public hearings and a
conditional use permit. One hearing would be for the ordinance amendment and one
for Mr. Poferl’s specific request.
Council and staff had concerns over neighbor safety. They directed Mr. Carlton to
research surrounding cities, get input from the police department, and bring the item
back to the council prior to starting an ordinance amendment process.
10.4 RiverWalk Apartments TIF
Ms. Othoudt presented the staff report.
Council determined that redevelopment and increasing jobs were two areas to use
TIF funding and approved proceeding with a TIF application.
10.5 2021 Budget
Ms. Ziemer presented the staff report.
The city is still waiting on information for health insurance and fuel to determine
final costs for 2021 and whether any budget savings can be realized.
Mayor Dietz and Councilmember Christianson wanted to see a lower percentage tax
levy increase because it has been a hard year on residents.
Councilmembers Wagner, Ovall, and Westgaard felt the tax rate should stay
consistent and sinking funds allocations should continue to the debt levy this year
since the future is unknown.
After discussion, the majority of council felt that $200,000 should be allocated
toward the public works facility debt levy to improve the Building Reserve Fund
balance.
10.6 Hunting Regulations Direction
Sergeant Block presented the staff report.
The current ordinance is confusing to residents and staff and the Planning
Commission must update the map each year.
City Council Minutes Page 7
September 8, 2020
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Sergeant Block proposed changing the ordinance language to be like the City of
Ramsey and require residents interested in hunting on their property to submit an
application each year. Sergeant Block would perform a site visit and research the
property size before granting permission to hunt.
Council asked that the proposed changes go through legal review and be added as a
regular council meeting item rather than consent to allow opportunity for public
comment.
10.7 Special Events - Races
Chief Nierenhausen presented the staff report.
Staff presented three proposed race routes and pricing structures.
Councilmember Wagner discussed location of races, sponsorships, visibility, and
local revenue from events.
Staff outlined the danger of allowing race participants to run on icy sidewalks, busy
streets, or unattended road intersections.
Council did not reach a consensus.
10.8 Oxbow Park Boundary Signage Direction
Chief Nierenhausen presented the staff report.
Council directed staff to put up a decent size sign that can be seen from the street
including any regulations.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 12:13 a.m.
Minutes prepared by Katie Porath.
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John J. Dietz, Mayor
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Tina Allard, City Clerk