4.1. DRAFT MINUTES 11-02-2020
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 5, 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, Fire Chief Mark Dickinson,
Senior Planner Chris Leeseberg, Police Chief Ron Nierenhausen, City
Attorney Peter Beck, Building Official Bob Ruprecht, Community
Development Director Suzanne Fischer, Building Maintenance
Supervisor Gary Lore, 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
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to approve the agenda. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve:
4.1 September 8, 2020, Minutes
4.2 Check register as outlined in the staff report.
4.3 2021 Flexible Benefits Plan as outlined in the staff report.
4.4 Resolution 20-68 2021 Maintenance Agreement with County of Wright
for Parrish Avenue Bridge #86515.
4.5 Hire Micaela Strand as part-time cablecaster effective October 7, 2020.
4.6 Third amendment to the Preliminary Development Agreement 20-29
with Modern Construction of Minnesota, Inc.
4.7 Resolution 20-69 calling for a hearing and proposed assessment for
rd
Windsor Park 3 Addition Sewer Extension Project.
4.8 Agreement 20-30 with Collins Brothers Towing, Inc., for Towing,
Impounding and Storage of Motor Vehicles Services.
City Council Minutes Page 2
October 5, 2020
-----------------------------
4.9 Resolution 20-70 approving Variance V 20-10 and establishing findings
of fact therefor and the Declaration of Restrictive Covenants.
4.10.A Planned Unit Development Agreement for Elk Ridge Center
4.10.B Resolution 20-71 granting final plat approval for Elk Ridge Center
Sixth Addition, Case No. P 20-05.
4.11 Resolution 20-72 authorizing execution of agreement with MN
Department of Public Safety for Toward Zero Deaths Grant.
4.12 Purchase of IT equipment and installation services to upgrade the IT
infrastructure as outlined in the 2020 Capital Improvement Plan.
4.13 Grant of easement for stormwater drainage purposes (Riverview Place
Townhomes).
4.14 Low bid and authorize execution of contract with Elevation Coatings,
LLC for painting and restoration of the Jackson Street Water Tower.
Motion carried 5-0.
5. Open Forum
th
Mark Thompson, 10691 205 Avenue (County Road 33), noted he was speaking on
behalf of his mother and father-in-law. He discussed how dangerous the county road
has become for his aging in-laws and others in the neighborhood to cross and the
difficulty they have accessing their mailboxes. He stated he has tried working with
the U.S. Post Office, but they haven’t reached agreement on where to move the
mailboxes and he asked Council for assistance or a letter of support.
Mayor Dietz suggested adding the letter of support to the October 19 agenda.
Mr. Portner further suggested Mr. Thompson contact his local congressional
representative who may be able to provide assistance.
6.1 Fire Department Fundraiser
Chief Dickinson presented the staff report. He thanked numerous organizations for
their work and the community for their support.
Moved by Councilmember Ovall and seconded by Councilmember Wagner to
adopt Resolution 20-73 acknowledging contributions for the fire department
fundraiser. Motion carried 5-0.
6.2 Fire Department Promotion
Chief Dickinson presented the staff report. He discussed Mr. Collins history with the
department.
Mayor Dietz administered the Oath of Office and the badging ceremony was
completed.
City Council Minutes Page 3
October 5, 2020
-----------------------------
7.1 Tax Increment Finance Application and Development Agreement for
Shoot Steel
Mr. Portner presented the staff report.
Mayor Dietz opened the public hearing.
Evan Moyer, applicant, thanked the Economic Development Authority and Council
for considering his application
There being no one to speak to this issue, Mayor Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Resolution 20-74 approving modification to the
development program for development district no. 26, establishing an
economic development tax increment financing district, approving a tax
increment financing plan therefor (Shoot Steel, Inc. Project), and authorizing
execution of a tax increment development agreement. Motion carried 5-0.
7.2 Conditional Use Permit: Operate Tap Room/Continue Brewing
Operations, Aegir Brewing, 19050 Industrial Blvd
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Christine Pastor stated she is an employee of Minka, Inc., a tenant in the building.
She stated her company services vulnerable adults, many of whom are drug/alcohol
addicted, and she has concerns with sharing facilities and being located next to a
taproom. She noted other issues, such as the need to have secured doors, due to the
storage of private data and secure controlled independent access to their controller’s
office, which is located right where the taproom is proposed. She stated the
applicants told her she could stay to the end of their lease and she and her attorney
have made multiple attempts to reach out to them for answers but haven’t gotten
any response. She stated they are a small non-profit and can’t easily pick up and
move as there are special requirements for moving their private data.
Tim Jones, applicant, stated they have met all city requirements. He stated they were
unaware of Minka’s request to leave and are willing to work with anyone whether
they want to leave or stay. He stated they will honor everything in the lease
agreements. He questioned the dog limit set as a condition of the permit.
Mr. Leeseberg stated six animal units, which is dependent on the weight of the dog,
would be allowed on the property.
There was discussion about animal units and private/commercial kennels and the
confusion around their terms.
City Council Minutes Page 4
October 5, 2020
-----------------------------
Mr. Jones stated the dog park could be removed and reviewed later.
Wilson Rattler, Loving Hands Transportation, stated they are a tenant and haven’t
been kept informed of the construction. He stated three companies located in the
building are medical businesses and security is a high factor, noting they are audited
by the state. He said they are looking for a different location, but rents are high, and
it takes time for a number of reasons.
Mayor Dietz closed the public hearing.
Councilmember Ovall stated the animal unit regulation seems overreaching.
Councilmember Westgaard expressed concerns for the existing tenants, their
security, and the jeopardy they could incur by the state. He stated he didn’t
understand the flow within the building as it relates to the bathrooms.
Councilmember Christianson concurred on the tenant issues and felt it should be
vetted.
Councilmember Ovall questioned the city attorney about the city’s obligation to
figure out the tenant issues. He stated he empathizes with the tenants but doesn’t
want to overstep the city’s role into tenant/landlord issues.
Mr. Beck stated the use requested is a conditional use in this zoning district and the
purpose of making things a conditional use is to determine whether the specific
location is appropriate. He stated this is a conditional use versus a permitted use so
Council can review the specifics of the sites and the impacts on surrounding
neighbors and properties. He further stated it is conditional precisely so the issues
discussed tonight can be analyzed to determine whether the standards are met.
Mayor Dietz questioned if a building of this size only requires one bathroom.
Mr. Leeseberg stated he is unsure about the interior of the building and has asked for
architectural drawings. He noted there is a condition requiring building department
review.
Mayor Dietz asked if there is a condition to require extra parking spaces if the
taproom is expanded.
Mr. Leeseberg stated the applicant must amend their conditional use permit if they
want to expand.
Mayor Dietz heard comments that there has been pressure on the tenants to vacate
the building. He expressed concerns with sharing of the bathroom between the
tenants and the taproom patrons.
City Council Minutes Page 5
October 5, 2020
-----------------------------
Mr. Leeseberg stated Council could request more information about the building or a
code review to understand flow, noise, and differing uses.
Councilmember Westgaard stated he would feel more comfortable with this request
if he knew there was an additional bathroom to help separate the differing
uses/tenants.
Tim Jones stated there are currently two bathrooms shared among the whole
building. He stated they haven’t put any pressure on the tenants to vacate the
building but have offered them incentives to move.
Jeremy Jones, also an applicant, stated it wouldn’t make sense to build additional
bathrooms until future expansion.
Tim Jones stated there would be very little crossover with the tenants due to
opposite hours of operation.
Councilmember Wagner stated it goes a long way to be good neighbors and at the
end of the day everyone needs to figure out how to get along. She stated she needs
more information on the animal units and the conditions related to animals.
Mr. Leeseberg stated the limit on number of animals is to protect the neighborhood
from common animal issues that can occur with having many animals around. He
stated the conditions are the same type that would be placed on a kennel and are
outlined in ordinance.
Councilmember Wagner stated she is not in favor of Condition #14 and would like
to eliminate it. She also stated this is a taproom and not a kennel and finds it hard to
carry the same conditions over for the different uses.
Councilmember Ovall further questioned how these conditions would be enforced.
Councilmember Westgaard concurred with Councilmember Wagner. He stated the
conditional use process is set up to make sure uses in an area are compatible with
each other. He stated he would be more comfortable if there was a consistent plan
with the other tenants to make sure their businesses remain secure and have minimal
disruption to ongoing operations.
Councilmember Christianson and Mayor Dietz concurred.
Mr. Beck stated it would be helpful to everyone to get clearer information on what
Council would like the applicant to submit.
Councilmember Westgaard stated he would like information regarding tenant space
separation, such as doors, security locks, walls, to limit business contact and control
security to limit disruption.
City Council Minutes Page 6
October 5, 2020
-----------------------------
Mr. Leeseberg clarified Council was looking for an architectural code drawing to
make sure everything internal is set up correctly. He stated there are no signed
architectural plans to evaluate. He stated it could be required now or would be
submitted to the building department later.
Mr. Beck let the applicant know Council is asking for additional building code
information so they can decide whether the standards for a conditional use permit
are met.
Tim Jones expressed confusion on the need to submit it now versus the later date.
Councilmember Wagner explained there are concerns from the tenants and it is the
role of Council to listen and address those concerns before approving a conditional
use permit.
Councilmember Ovall stated it’s an awkward predicament with the applicant also
being the building owner with tenant issues.
Jeremy Jones stated they need city approval before applying for their state permits.
He further stated their current taproom can only hold 17 people due to Covid rules
and they would like to keep this process moving through winter in order to get the
larger location open.
Tim Jones stated they have sympathy for the tenants and are new to building
management, but they are trying to be respectful and helpful to the tenants. He
stated he understands their security concerns and it’s something they should have
asked for in their leases.
Councilmember Westgaard stated he has an obligation to listen to the other tenants
in the building.
Mr. Beck outlined Council was looking for a building code analysis so they can
determine the compatibility of this use with the existing uses.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to continue this item to the October 19, 2020 Council meeting. Motion carried
5-0.
8.1 Great Northern Trail Closure Ordinance
Chief Nierenhausen stated Prosecuting Attorney Scott Baumgartner felt there could
be liability to the city and some type of indemnification should be in place to close a
public walking trail for adjoining private property owners hunting the area. He stated
people don’t follow posted notices regarding trail closures and cited the recent trail
construction project. He further expressed concerns for his officers in responding to
complaints. He stated if Council decides to close the trail the police department can
City Council Minutes Page 7
October 5, 2020
-----------------------------
cite violators for trespassing only after giving verbal notice and the person still
refuses to leave.
Councilmember Wagner questioned if the city would be more liable if the trail
weren’t closed for the nearby hunters.
Chief Nierenhausen stated individuals who discharge a firearm would be liable. He
stated, per Mr. Baumgartner, there is also liability assumed by the city by closing a
public space for private use.
Councilmember Wagner disagreed stating there is an overpopulation of deer in the
city which needs to be controlled and would be for the public good.
Mr. Beck stated this is a Council policy decision. He stated Council could make it a
city code violation for trespass.
Mayor Dietz stated he’d like to pass the ordinance allowing the trail closure for
hunting.
Councilmember Westgaard and Wagner concurred.
Mr. Beck stated indemnification language could be incorporated as part of the
permitting process.
Chief Nierenhausen expressed concern with signage language and people following
it. He further suggested staff be directed to install the signage versus the hunters.
Council consensus was for this item to come back to the October 19, 2020, meeting.
8.2 Open Bodycam Proposed Purchase to Public Comment
Chief Nierenhausen presented the staff report.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to direct the Elk River Police Department to seek public comment, per state
law, regarding the department’s proposed body camera program. Motion
carried 5-0.
8.3 Discuss Work Session Items
Councilmember Wagner suggested a joint meeting with the county and the school
district after the new year.
9. Council Liaison Updates
Each Councilmember provided an update which is further outlined in the respective
advisory board minutes.
City Council Minutes Page 8
October 5, 2020
-----------------------------
--------
Council recessed at 8:10 p.m. to go into work session. Council reconvened at 8:14
p.m.
10.1 Firearm Sales in Residential Districts
Mr. Leeseberg presented Mr. Carlton’s staff report.
Councilmember Wagner expressed concerns with this being a home-based business.
She noted there was a home invasion that occurred a few doors down from this
location. She checked with neighbors and many stated they would be uncomfortable
with this type of use. They wouldn’t know who was coming and going from the
home. She expressed concerns with the amount of security required to keep the
location safe as well as the surrounding neighbors.
Councilmember Westgaard stated he’s not comfortable with the sale of firearms in a
neighborhood but would be okay with the repair. And he would be uncomfortable
with having people coming in and out of a neighborhood to buy guns.
Councilmember Christianson stated it does sound scary to allow the sales of firearms
in a neighborhood, but he compared it to gun ownership. He asked the difference
between this and a homeowner with 12-15 guns. He stated a homeowner would still
be responsible for the security of the weapons they own. He stated conditions in a
permit could address safety, traffic and what could be sold.
Councilmember Westgaard stated the different for him is personal ownership is a
constitutional right versus buying an inventory of ammunition and firearms and the
issues it can bring to a neighborhood.
Councilmember Wagner concurred. She stated a commercial district would be the
type of location for firearms sales.
Mayor Dietz concurred with Councilmembers Westgaard and Wagner.
Councilmember Ovall stated sales of firearms are a better fit in an industrial or retail
district.
It was the consensus of Council to not allow sales in residential districts.
10.2 Adoption of Met Council Sewer Availability Charge (SAC) Schedule
Mr. Ruprecht presented the staff report.
Councilmember Westgaard stated he likes the concept because the uses and fees are
kept up to date but he questioned the adverse effects.
City Council Minutes Page 9
October 5, 2020
-----------------------------
Councilmember Ovall stated this scheduled can be more business friendly.
Mayor Dietz stated it would be easy for the city to justify the fees due to the amount
of work the Met Council puts into the schedule.
Council consensus was to adopt the schedule.
Mr. Beck stated the water access charge would also be determined via the Met
Council schedule and Elk River Municipal Utilities is fine with it.
10.3 Ordinance Amendment: Authorize Loans for Repair or Replacement
of Private Subsurface Sewage Treatment Systems
Ms. Fischer presented the staff report.
Council consensus was to move forward with an ordinance amendment.
Mr. Beck discussed the two state programs. He noted if the state ever discontinued
their programs or utilized all the funds, the city could self-fund a program.
10.4 Trail Turnover to City
Mr. Leeseberg presented Mr. Carlton’s staff report. He noted the city has been
maintaining the trail.
Mr. Beck stated at one time Council may have decided this portion of trail wasn’t
part of the Parks and Recreation Master Plan, but at some point, the city started
maintaining it.
Councilmember Ovall questioned if it is in the current Plan.
Mayor Dietz questioned if this should be reviewed by the Parks and Recreation
Commission.
Consensus was to have the Parks and Recreation Commission review the request.
10.5 HVAC Upgrades: CARES Funding
Mr. Portner presented the staff report. He discussed how staff had been working
with Apex prior to the CARES Act being implemented, but then they switched gears
to have a two-track process: one for energy efficiency, the other for health and
human safety.
Greg Ackerson and Rob Krukoski, Apex Facility Solutions, discussed who Apex is,
energy efficiency items versus the CARES Act, a project breakout, and next steps for
action.
City Council Minutes Page 10
October 5, 2020
-----------------------------
Mr. Lore stated staff reviewed everything in detail with Apex and have cut out a lot
of items they didn’t feel were necessary or cost effective.
Mayor Dietz asked how much CARES Act funding would be left over if the city
spent $1.8 million on this project. He noted Elk River Municipal Utilities wanted
some funding for electric billing issues.
Mr. Portner stated most of the CARES funding would be used for this project. He
stated there are other options for how to spend the funding noting $86,000 could be
given to the hospital, some to Elk River Municipal Utilities, and other small projects
if Council wanted to go a different route.
Councilmember Wagner further suggested creating more economic development
programs.
Mr. Portner stated the economic development programs would need to be in place
already. He stated all the items presented by Apex must be done at some point. He
further stated he doesn’t believe the city will need to bond for the financing because
there are funds in Building Reserve Fund to borrow against.
Mayor Dietz asked if items under the CARES Act could be done independent of the
energy efficiency items so they could be completed first and Council could take time
to figure out how to budget for the rest of the items.
Mr. Portner noted they are separate.
The Apex representatives stated it makes sense to do them together because the
other items offset costs for items such as the boilers. It’s a streamlined package, but
they don’t have to be completed together.
Apex further stated there would be cost savings on the construction side, such as
mobilization.
Councilmember Wagner expressed skepticism about the microbiological air cleaning
with Covid.
Apex stated this technology has been around for a long time and is implemented
across the country. They discussed the details of how it works and how lab testing
proves it works. The technology is used in hospitals and is being implemented in the
Anoka Hennepin School District.
Councilmember Ovall stated he doesn’t feel this is the best use of the intent for the
CARES funds but at the same time it is the hand the city has been dealt and there is
the capital need.
City Council Minutes Page 11
October 5, 2020
-----------------------------
Mayor Dietz stated these projects must be completed eventually and the city should
take advantage of the funds. Mayor Dietz suggested staff come back with a financing
plan for the October 19 agenda.
Councilmember Wagner expressed the need for more time to process this item. She
stated this is the first Council has heard of this and the Economic Development
Authority was the funds were already spent. She expressed concerns with making a
large capital improvement decision within a two-week deadline.
Mr. Portner stated the messaging he provided early on was staff was already working
on the energy efficiency component of this plan. The CARES Act portion wasn’t
released until August and staff held off because there was more taxpayer benefit for
this project. He stated staff was told to wait because there were many unknowns to
vet out. He noted cities were given limited time to use the CARES fund. He stated
the information for this project didn’t arrive until last week.
Mayor Dietz noted the project can be completed however Council would like to
finance it, whether all at once or in pieces. He stated he has no issues with moving
forward with the CARES Act items.
Councilmember Wagner concurred on the CARES Act funding.
Councilmember Christianson stated the city would want to take advantage of the
CARES Act funding, but he’d be curious as to how to choose and finance the other
phases.
Mr. Portner asked for clarification on what would be helpful to Council for the next
meeting.
Council requested information on how to finance the other million, the capital
improvement plan, and some modeling scenarios to be provided ahead of time.
Apex discussed how Mr. Lore has done a great job in maintaining city facilities
compared to other cities.
Mr. Portner stated commissioning was in the initial budget for the multipurpose
facility, but it had been put aside because it was outside the budget scope. He stated
it was planned to be brought back and have a different company look review it. He
stated the old and new equipment is not working together at an optimum level.
-------------------------------
Election Social Media Campaign
Councilmember Wagner noted the negative comments received on social media
about the city promoting mail-in balloting. She stated she would like to see all
City Council Minutes Page 12
October 5, 2020
-----------------------------
options for early voting promoted at the same time. She questioned why mail
balloting seem promoted more heavily over other forms of voting.
Ms. Allard discussed the social media campaign for elections and how the different
voting options were separated out in order to not be repetitive and how other voting
content is being promoted. She stated there has been difficulty in getting election
judges hired to work on election day, so staff was promoting other forms of early
voting.
Councilmember Wagner asked that the campaign be changed to include all forms of
voting in each post and to promote other aspects of voting such as the ballot
tracking.
11. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 9:37 p.m.
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk