4.1 DRAFT MINUTES (1 SET) 10-18-2021
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 4, 2021
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: Public Works Director Justin Femrite, City Clerk Tina Allard,
Finance Director Lori Ziemer, Fire Chief Mark Dickinson, and
Assistant Fire Chief Mark Wandersee
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
Mayor Dietz added pickleball discussion as Item 8.5
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve the agenda as amended. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve:
4.1 September 20, 2021, Minutes.
4.2 Check register as outlined in the staff report.
4.3 Resolution 21-68 acknowledging contributions to the police
department.
4.4 Hire Brandon Johnson to police officer position effective October 18,
2021, as outlined in the staff report.
4.5 Agreement for audit services with BerganKDV for years ending 2021-
2025.
Motion carried 5-0.
City Council Minutes Page 2
October 4, 2021
-----------------------------
5. Open Forum
Tracy Nohrenberg, 18746 Troy Street, questioned if the city has plans with
acquiring Troy Street. He stated it’s a private road he currently maintains, and a
realtor is trying to land lock him by putting a gate across the road so he can’t access
his home. He stated the realtor feels he should use the new road. He also noted the
realtor is renting campers on the weekends and there is no septic or running water.
He also stated they are clearing an area that could possibly be for more campers.
Mr. Femrite stated there are no plans to take over any private roads.
Council directed staff to investigate the matter further.
6. Presentations, Awards, and Recognition
There were no presentations.
7. Public Hearings
There were no public hearings.
8.1 169 Redefine Update on Final Plans
Mr. Femrite presented the staff report and 3D video visualization of the highway.
Mr. Femrite noted some inaccuracies with the visualization due to certain
constraints.
Councilmembers Westgaard and Wagner are happy the pedestrian bridge was saved.
Mayor Dietz stated a business owner told him he sold his business because he was
told a barrier wall would block his business.
Mr. Femrite stated there were two noise barrier walls considered and both were in
residential areas. He stated public input was sought from those areas, and one of the
locations with an apartment complex decided they didn’t want the wall.
Mr. Femrite highlighted the following timeline and some impacts:
2022
Systems interchange work.
th
Construction of 197 Avenue interchange.
Highway 169 reduced to single lane in both directions will feel pinched.
The three existing stop lights at Main St., School St. and 193rd Ave. along the
highway will still be operational for local access.
2023
Construction of School Street interchange.
City Council Minutes Page 3
October 4, 2021
-----------------------------
rd
Construction of 193 Ave interchange.
Loss of the two highway crossings.
Stop lights still operational at Main Street.
Highway 169 reduced to single lane in both directions will feel pinched.
2024
Construction of Main Street interchange.
Three new interchanges to the north, and improved access to the south, local
traffic flow should feel improved from 2023.
Councilmember Wagner asked about the status of trees located along the west side
of the highway.
Mr. Femrite stated he is unsure at this time noting if they are in the right-of-way,
MnDOT will most likely need to be remove them.
8.2 Council Appointments to County/City Task Force for County
Property
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to appoint Mayor Dietz and Councilmember Christianson to
represent the City Council on a joint task force to discuss the development of
Sherburne County owned land parcels located in Elk River. Motion carried 5-
0.
8.3 Accept FEMA Grant, Approve Fund Transfer Resolution, and Approve
Purchase of SCBA’s for Fire Department
Chief Dickinson presented the staff report.
Moved by Councilmember Beyer and seconded by Councilmember
Christianson to accept the FEMA Assistance to Firefighters Grant in the
amount of $262,909.09. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve the purchase of self-contained breathing apparatus
equipment. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 21-69 authorizing a transfer from the Liquor
Fund to the Capital Reserve Fund. Motion carried 5-0.
8.4 Discuss Work Session Items
No items were added to the list.
City Council Minutes Page 4
October 4, 2021
-----------------------------
8.5 Pickleball Courts
Mayor Dietz stated costs to repair the newly installed pickleball courts at Orono Park
have been changing quite a bit by the consultant. He stated the consulting engineers
have said all the asphalt must be removed no matter which repair option the Council
chooses. He noted there is no progress from the consultant/contractor and the
season is running short. Mayor Dietz proposed $50,000 of non-payment to the
consultant (SRF) until this issue is resolved.
Councilmember Westgaard suggested consulting with the city attorney before
deciding. He further suggested withholding payment from New Look Construction.
Councilmember Christianson concurred stating he can’t see why the city would be
responsible to pay if the courts are not built to pickleball court specification
standards.
Mayor Dietz and Councilmember Wagner questioned why the contractors wouldn’t
want to make their customer happy and fix the courts considering it is such a minor
expense in the overall project cost.
Mayor Dietz noted there are two allowable standards for pickleball courts, and both
are legal so why would the consultant not come to the city and ask which option we
want built. He stated the city should have been given the option to pick prior to
construction.
Mayor Dietz stated he would contact the city attorney and city administrator.
Councilmember Wagner noted SRF is the consultant working on the Trout Brook
Tennis court project. She stated this project is currently out for rebid and it makes
her hesitate because of wanting to make sure the project is completed correctly.
9. Council Liaison Updates
Councilmembers provided updates from the respective advisory boards as outlined
in the board/commission minutes.
10. Work Session
There were no work session items.
11. Adjournment
Moved by Councilmember Wagner and seconded by Councilmember Christianson
to adjourn the meeting.
The meeting adjourned at 7:18 p.m.
City Council Minutes Page 5
October 4, 2021
-----------------------------
___________________
John J. Dietz, Mayor
___________________
Tina Allard, City Clerk