4.1 DRAFT MINUTES (2 SETS) 12-21-2020
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, November 16, 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, Senior Planner Chris Leeseberg,
Economic Development Specialist Colleen Eddy, Engineering
Project Manager Brandon Wisner, and Deputy 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 6:00 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
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve:
4.1 October 19, 2020, minutes.
4.2 Check register as outlined in the staff report.
4.3 Ordinance 20-16 assigning a new street address for PID 75-656-0115.
4.4 Pay estimates as outlined in the staff report.
4.5 Special testing contract for public safety building expansion.
4.6 Special assessments for delinquent utilities:
Resolution 20-81 levying assessment for unpaid garbage services
Resolution 20-82 levying assessment for unpaid sewer utility
services
Resolution 20-83 levying assessment for unpaid stormwater utility
fees
Resolution 20-84 levying assessment for unpaid water utility
services
Resolution 20-85 levying assessment for unpaid electric service
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November 16, 2020
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4.7 Great Northern Trail Memorandum of Understanding Agreement
2020-40.
4.8 Mobile phone policy.
4.9 Alba Ridge License Agreement 2020-39.
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4.10 Resolution 20-86 Approving Final Plat: Miske Meadows 7 Addition.
4.11 Resolution 20-87 approving a premises permit for the Elk River Youth
Hockey Association.
4.12 Resolution 20-88 levying special assessment for repairs to private water
service connecting to city water.
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 presented the November Volunteer of the Month award to Tim Wick.
He highlighted the following:
Active member of the Elk River Police Reserves for over 20 years.
Helped Elk River Police Department establish a volunteer position focusing on
daytime neighborhood and park security with an emphasis on youth engagement.
Spends summers working with the youth of the Elk River community as a police
reserve.
Volunteers many hours working with elementary kids during the school year as a
police reserve.
Has the reputation for being the epitome of “officer friendly.”
6.2 Beautification Award and Recognition
Ms. Eddy presented the staff report.
Tamara Ackerman, Chair of the Beautification Committee, presented the
Beautification Award to Dr. Hunter, owner of Elk Plaza Dental.
Dr. Hunter thanked the committee for recommending him.
6.3 Oath of Office: Patrol Officers
Chief Nierenhausen presented the staff report.
Mayor Dietz administered the Oath of Office to Police Officers Michael Welsh,
Tyler Corrier, and Augustus Koppi.
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7.1 Elk Ridge Estates, Contractors Capital Company, LLC, Lorraine
White, 19746 Troy Street
Mr. Leeseberg presented the staff report. He noted condition #3 has been removed.
Mayor Dietz opened the public hearing.
Carla Laurent, 18568 Troy Street – questioned if the project will leave the homes
on Troy Street landlocked with no access to city water or sewer. Mr. Leeseberg
explained the properties are currently landlocked and nothing about this project
changes the status.
Ms. Laurent questioned if the property owners can hook up to city water and sewer
themselves or if all four properties must do it at the same time. Mr. Leeseberg
indicated that is outside the scope of this project and the properties can decide
whether to hook up, but it may be cost prohibitive to hook up alone.
Councilmember Westgaard explained the Troy Street easement is not part of the plat
being considered tonight and anything in place for those parcels is outside of what
the Council is reviewing this evening.
Mayor Dietz confirmed nothing about the existing four Troy Street houses Ms.
Laurent is referring to is changing. Mr. Leeseberg indicated that is correct.
Ms. Laurent questioned if there is enough space in front to create a road. Mr.
Leeseberg explained the property lines and easements on Troy Street are not
changing with this project. He noted Ms. Laurent’s property is not affected with this
plat.
There being no one else to speak to this issue, Mayor Dietz closed the public
hearing.
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Councilmember Ovall questioned why the alignment of 186 Circle has changed
since the Planning Commission review. Mr. Leeseberg explained the road has been
moved to realign with the existing easement on church property.
A. Preliminary Plat
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the Preliminary Plat for Elk Ridge Estates with the
following conditions:
1. A single sewer/water stub shall be provided to west property line along
Troy Street.
2. Staff approval of all site, civil, utility, and landscaping plans.
Motion carried 5-0.
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B. Final Plat
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt resolution 20-89 approving the final plat of Elk Ridge
Estates with the following conditions:
1. A Development Agreement must be signed by the city and developer
prior to releasing the final plat for recording.
2. Park Dedication shall be paid in the amount required by the city when
the final plat is released for recording (currently $1,425.93/lot).
3. Water Availability Charge shall be paid in the amount required by the city
when the final plat is released for recording (currently $355/plumbing
unit).
4. A Letter of Credit shall be provided to the city in the amount of 100% of
the costs of the public improvements.
5. Upon completion of all improvements and acceptance by the city, a
security or warranty in a form acceptable to the city engineer must be
secured.
6. Development Plan shall be approved by the city engineer prior to
issuance of building permits.
7. Staff approval of all updated site and engineering plans.
8. Any item or condition found that indicates the site is likely to yield
information important to prehistory or history shall be reported to the
city immediately. Further, the city reserves the right to stop work
authorized in its approval until the site is appropriately investigated and
work is authorized.
9. Addition of a lot/block designation for the campground parcel.
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10. Lot 1 Block 3 and Lot 10 Block 1 shall not have access onto 186 Avenue
until it is connected through to Queen Street.
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11. The city will not maintain 186 Avenue until it is connected through to
Queen Street.
Motion carried 5-0.
Councilmember Wagner suggested staff send a letter to the Troy Street property
owners explaining this project does not affect their properties. Mr. Leeseberg
indicated staff will send letters to all five homes on Troy Street.
7.2 Interim Use Permit to Allow Duplex in the R1a Zoning District
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Michelle Demars, property owner, 20452 Quincy Circle NW, indicated she is not
interested in moving forward with the Interim Use Permit due to the costs and
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conditions outlined. She indicated they will try and rent it out as a single-family
residence.
Mayor Dietz asked Ms. Demars if she is sure she does not want the Council to act
on this item. Ms. Demars stated she would like to keep the permit as an option if
renting as a single-family unit does not work. She explained she does not like the
condition that the property must be converted back to single-family if it is changed
into her parent’s name.
Mr. Leeseberg indicated he spoke with the applicant prior to the meeting and was
under the impression she was agreeable to conditions 1-5.
Ms. Demars stated she feels like the city is against the request and would rather just
do her own thing.
Councilmember Wagner explained she understands why staff is asking for the
escrow but does not support it. She also expressed concern with condition #5
requiring the property to be returned to a single-family home prior to sale or transfer
of ownership. She explained the owners could have done whatever they wanted
without the city knowing but they were responsible and came to the city and we are
throwing a ton of requirements at them. She added if the Interim Use Permit is
recorded against the property future buyers would be aware.
Mr. Leeseberg noted that if the buyer did not see that the Interim Use Permit
terminates upon sale or transfer of ownership the new owners, we could end up in
the same position Ms. Demars is in now.
Attorney Beck explained the Interim Use Permit allows related or unrelated people
to live in the two units and is in place until the property changes ownership.
Mr. Leeseberg indicated the Interim Use Permit is the best way to meet the request
by Ms. Demars.
Discussion took place on potential tax implications if the property can operate as a
multifamily use. Ms. Demars indicated if the tax increase is too much they may
decide to rent as a single-family. Ms. Demars indicated she would like time to contact
Sherburne County to inquire what the tax implication will be.
Consensus of the Council was to eliminate the $5,000 escrow.
There being no one else to speak to this issue, Mayor Dietz continued the public
hearing to December 7, 2020.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to continue the request for an Interim Use Permit to allow a
duplex in the R1a zoning district to December 7, 2020. Motion carried 5-0.
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7.3 Preliminary and Final Plat: Mulvaney Point
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 Westgaard and seconded by Councilmember
Wagner to approve the preliminary plat for Mulvaney Point Twin Homes with
the following conditions:
1. Submittal of a stormwater maintenance declaration.
2. Staff approval of all site, engineering, and platting documents.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt resolution 20-90 approving the final plat of Mulvaney Point
Twin Homes, with the condition the plat be updated to include drainage and
utility easements on the corners of lots 5 and 8. Motion carried 5-0.
8.1 BKV Group Design Services Fee Adjustment Request
Bruce Schwartzman, Architect, BKV Group, reviewed the requested fee
adjustments as outlined in the letter.
Councilmember Wagner indicated this is a significant ask and questioned if the
changes were brought up to staff prior to work being done. Mr. Schwartzman
explained some of the civil issues were brought to staff’s attention ahead of time, but
costs associated with assisting in finding a construction manager were not disclosed.
Councilmember Ovall stated the city received several bids and questioned how this
increase compares to other bids with the same services and if the other contractors
made the same assumptions.
Mr. Wisner indicated he does not have those figures with him.
Chief Nierenhausen explained BKV’s bid was in the middle and he believes even
with the increase they would still come in somewhere in the middle. He noted he
believes many of the lower bidders probably made some of the same assumptions.
He added him and the fire chief have not done a project like this before and if they
had known finding a construction manager would have been additional, they would
have consulted with the city administrator prior to work being done.
Mr. Schwartzman added some of the increases were civil and he doesn’t believe any
of the proposals would have included.
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Councilmember Westgaard explained after speaking with staff it appears there were
assumptions made on some things the contractor suspected had been taken care of.
He’s guessing other contractors would have made the same assumptions. He does
not feel like it is out of line for the total scope of the project.
Mr. Schwartzman indicated unless there is a drastic change they do not plan to come
back before the Council.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the change in design fees as outlined in the staff report.
Motion carried 5-0.
8.2 Summary of City Administrator’s Performance Evaluation
Mayor Dietz read a statement providing a summary of City Administrator Cal
Portner’s performance review.
Council recessed at 7:12 p.m. The meeting reconvened at 7:14 p.m.
9.1 Concept Review: Tammy Jorgenson
Mr. Leeseberg presented the staff report.
Tammy Jorgenson, applicant, explained the project. She added they would
entertain dropping down to a four unit building on Main Street since it would be
more conducive to the mainly residential area.
Councilmember Westgaard stated the Jackson site seems like a logical spot for the
project he does not have a strong feeling one way or the other about flipping the
parking. He questioned if there is enough parking to accommodate residents and
visitors. Ms. Jorgenson indicated they are expecting to have an additional four
parking spots on the other side of the garages.
Councilmember Westgaard explained he would like to hear more about the Main
Street proposal before agreeing as he believes it may not be an appropriate place for
an apartment building surrounded by single family residential. He noted his initial
thought is if the unit was reduced to four it would be a two-story structure and
wouldn’t look much different than the two-story homes in the area.
Mr. Leeseberg indicated 2.5 parking spots per unit are required for a total of 10-15
spots per building. He added parking will be a challenge.
Councilmember Ovall indicated he does not support the projects as proposed. He
explained Jackson is a major corridor and he doesn’t know if it fit well to have an
apartment building surrounded by commercial in the area. He believes we should
stick with current zoning in the Main Street area and feels integrating higher density
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with residential is a larger discussion involving the Comprehensive Plan that should
begin with the Planning Commission.
Councilmember Wager expressed concerns with the parking. She questioned if
parking along Jackson Avenue would interfere with the fire station across the street.
Ms. Jorgenson indicated they may ask for a variance for parking as they don’t feel
like three adults with three vehicles would be living in the units. Mr. Leeseberg
indicated a variance request would have to be considered by the Planning
Commission.
Mayor Dietz indicated he agrees with the other comments. He does not have a major
issue with the building on Jackson as he feels like the area is a better fit than the
Main Street building. He would be interested to hear what neighbors near the Main
Street property have to say before the Council acts on this item.
Councilmember Christianson indicated his biggest concern is the parking and he
would want to see it vetted before approval. He added the Comprehensive Plan
changes are being reviewed and the areas could look different in 6-9 months when
the review is completed.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:34 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, December 7, 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, Police Chief Ron Nierenhausen,
Captain Bob Kluntz, Finance Director Lori Ziemer, Planning
Manager Zack Carlton, City Attorney Peter Beck, and Records
Specialist Katie Porath
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 6:29 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Items 4.7 and 8.1 were moved. Item 6.2 was added.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve the agenda as amended. Motion carried 5-0.
4. Consent Agenda
Item 4.7 was moved from the consent agenda.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve as amended:
4.1 November 2, 2020, Regular Minutes
November 13, 2020, Canvassing Board Minutes
4.2 Check register as outlined in the staff report.
4.3 Resolution designating polling places for 2021
4.4 Approve plans and authorize bidding for Fire Station 3 project
4.5 HRA and Library Board appointments
4.6 Body-worn camera quote and contract
4.8 Hire Community Service Officer I
4.9 Naming Rights name and logo
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December 7, 2020
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Motion carried 5-0.
5. Open Forum
Deanna McLean, owner of Salon on Main, and Camron L’Heureux, owner of
Olde Main Eatery, presented a petition from local business owners who were
opposed to the proposed downtown development.
Mayor Dietz explained that there will be a meeting in January for public comment.
Council added that the project has been presented but not approved yet. One of the
conditions of the proposal is getting engagement from downtown businesses.
6.1 Presentations, Awards, and Recognition
Mayor Dietz presented a plaque to Captain Kluntz for 30 years of service.
6.2 Recognition of Councilmember Ovall
Mayor Dietz presented a plaque to Councilmember Ovall.
8.1 Awarding the sale of bonds, Series 2020A, Series 2020B, and Series
2020C
Ms. Ziemer presented the staff report. Terri Heaton, from Baker Tilly, joined via
Zoom and outlined cost savings under the original estimates.
Mayor Dietz asked about getting to a AAA bond rating.
Ms. Heaton feels it is a possibility in the next few years dependent on socioeconomic
factors and tax base growth, but a AAA would be more about bragging rights than
basis point change.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to adopt Resolution 20-92 awarding the Sale of General Obligation Capital
Improvement Plan Bonds, Series 2020A to Robert W. Baird & Co., Inc.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 20-93 awarding the Sale of General Obligation
Capital Improvement Plan Refunding Bonds, Series 2020B to Robert W. Baird
& Co., Inc. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to adopt Resolution 20-94 awarding the Sale of Taxable General
Obligation Sewer Revenue Refunding Bonds, Series 2020C to UMB Bank,
N.A. Motion carried 5-0.
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December 7, 2020
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7.1 2021 Budget and Tax Levy
Ms. Ziemer presented the staff report.
Mayor Dietz asked if the tax capacity rate for the school district included their
referendum.
Ms. Ziemer stated it does not include the referendum.
Councilmember Christianson asked if the property tax formula for homestead
exclusion was determined by the county.
Ms. Ziemer stated the homestead exclusion formula was determined statewide, not
by individual counties.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Mayor Dietz stated that the net effect is 2.4% increase to the General Fund budget.
Moved by Councilmember Ovall and seconded by Councilmember Westgaard
to approve the 2021 General, Special Revenue, and Enterprise fund budgets.
Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to adopt Resolution 20-95 authorizing the property tax levy for
collection in 2021. Motion carried 5-0.
7.2 Interim Use Permit to Allow Duplex in the R1a Zoning District
This item was continued from the November 16, 2020 City Council meeting.
Mr. Carlton presented the staff report. Applicant may operate as a single-family use.
This approval gives them two years to complete the conditions and establish use as a
two-family rental.
Mayor Dietz opened the public hearing.
Michelle DeMars, 9754 Viking Blvd, asked the council to grant her request for a
permit.
Mayor Dietz closed the public hearing.
Moved by Councilmember Christianson and seconded by Councilmember
Ovall to approve the Interim Use Permit with the following conditions:
1. The Interim Use shall terminate upon sale or transfer of ownership.
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December 7, 2020
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2. The property must have a rental license for the duration of the two-family
rental operation.
3. The structure must be inspected by the building official and must comply
with all building and fire codes for a two-family rental building.
4. The Interim Use Permit will be recorded against the property to put any
future buyers on notice that the Interim Use Permit will not run with
property.
5. The structure shall be returned to a single-family home prior to sale or
transfer of ownership. This shall include, but not limited, removing
anything that physically separates the two spaces, removal of extra meters
(gas and/or electric), one postal address.
Motion carried 5-0.
4.7 2020 budget amendments and transfers
Ms. Ziemer presented the staff report.
Mayor Dietz asked about using CARES funding as a grant to help organizations and
individuals with their electric bills.
Ms. Ziemer stated Sherburne County has been using their CARES funding for
helping in this area and it would duplicate services to provide this as well.
Mayor Dietz asked about the expense for a telework line.
Ms. Ziemer explained the expense covered several IT related items including moving
to cloud based infrastructure and additional IT licenses for employees to work from
home.
Mayor Dietz clarified the floor scrubber and turf vacuum were for the Furniture and
Things Community Event Center.
Ms. Ziemer made a change on the budget amendment changing the CARES Grant
Supplies item from $158,959 to $151,363 and the Equipment from $49,139 to
$56,735 to match detail expenditures.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve the budget amendments related to the CARES grant funds.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to adopt Resolution 20-96 authorizing a transfer from the
CARES Grant to the General, Multipurpose Facility, Sewer, and Liquor
Funds. Motion carried 5-0.
8.2 Consider Excess Leave Extension
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December 7, 2020
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Mr. Portner presented the staff report.
Council clarified that an employee’s hours must get to the 240 mark before the end
of 2021.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to approve a one-time extension to carry over excess vacation leave.
Motion carried 5-0.
8.3 2021 Council Appointments
Mr. Portner presented the staff report.
Moved by Councilmember Wagner and seconded by Councilmember Ovall to
approve the following commission appointments:
1. Heritage Preservation Commission – Garrett Christianson – Term
expiration December 31, 2022
2. Planning Commission – Mike Beyer – Term expiration December 31,
2022
3. Energy City Commission – Jennifer Wagner – Term expiration
February 28, 2023
4. Library Board – Garrett Christianson – Term expiration December 31,
2022
5. Parks and Recreation Commission – Jennifer Wagner – Term
expiration December 31, 2022
6. Administrative Hearing Board – Mike Beyer and Garrett Christianson
– Terms expiration December 31, 2022
7. Economic Development Authority – Mike Beyer and Matt Westgaard
– Terms expiration December 31, 2024
8. Housing and Redevelopment Authority – Jennifer Wagner – December
31, 2022
Motion carried 5-0.
8.4 Discuss Work Session Items
Mr. Portner presented the staff report. He discussed adding a joint meeting with the
Energy City Commission in January 2021.
Mayor Dietz asked about the status of the Cyber Security Committee.
Councilmember Wagner responded that she was continuing to work on the cyber
security project.
9. Council Liaison Updates
Each councilmember provided an update which is further outlined in the respective
advisory board minutes.
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December 7, 2020
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10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:00 p.m.
Minutes prepared by Katie Porath.
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John J. Dietz, Mayor
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Tina Allard, City Clerk