4.1 DRAFT MINUTES (1 SET) 12-06-2021
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, November 15, 2021
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Economic Development Director
Brent O’Neil, Planning Manager Zack Carlton, Senior Planner Chris
Leeseberg, Finance Director Lori Ziemer, Code Enforcement Officer
Tim Trebesch, IT Manager Seth Calvin, Liquor Operations Manager
Joe Audette, Liquor Store Manager (Northbound) John Colotti,
Liquor Store Manager (Westbound) James Kuklock, Parks and
Recreation Director Michael Hecker, Multipurpose Facility
Superintendent Tim Dalton, Public Words Director/Chief Engineer
Justin Femrite, Park Maintenance Supervisor Tim Sevcik, 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 6:00 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve the agenda. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to approve:
4.1 November 1, 2021, Minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Ordinance 21-11 amending Chapter 74-99, Parking in Municipal
Parking Lots of the City of Elk River, Minnesota, City Code.
4.5 Extend Variance V19-12 to December 17, 2002.
4.6 Accept public improvements constructed with the plat of Miske
Meadows Sixth Addition as outlined in the staff report.
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4.7 Accept public improvements constructed with the plat of Riverplace
Second Addition as outlined in the staff report.
4.8 Resolution 21-78 acknowledging contributions to liquor operations
fundraiser for the benefit of the Elk River Fire Department.
4.9 Resolution 21-79 accepting donation from the Zimmerman Fire Relief
Association to Elk River Fire Department.
4.10 Resolution 21-80 accepting donation of pet oxygen masks to Elk River
Fire Department.
4.11 Resolution 21-81 levying assessment for unpaid garbage collection
system.
Resolution 21-82 levying assessment for unpaid sewer services.
Resolution 21-83 levying assessment for unpaid stormwater utility fees.
Resolution 21-84 levying assessment for unpaid water utility services.
Resolution 21-85 levying assessment for unpaid electric service.
4.12 Termination of Cole Hansen effective November 1, 2021.
4.13 Joint Powers Agreement 21-35 to join Sourcewell Service Cooperative.
Rates provided by Sourcewell as outlined in the staff report.
2022 Flexible Benefits Plan design as outlined in the staff report.
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 Keith
Qaulman. He highlighted the following:
Assist with church projects such as maintenance, general handyman, running
errands, and ushering at Elk River Lutheran Church.
Works fish fries/burger nights, yard maintenance, raising/lowering flag at Elk
River American Legion.
Sergeant of Arms and Honor Guard for American Legion Post 112.
6.2 Beautification Award: Aegir
Mr. O’Neil noted Aegir was recognized at the Economic Development Authority
meeting with the Beautification Award.
7.1 Steve Pullar/Landform, 20343 Meadowvale Road
Preliminary Plat: Pullar Prairie
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
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Todd Olin, Landform Professional Services, 105 S 5th Ave, Mpls, spoke on
behalf of the applicant. He explained the driveway situation is unique and he doesn’t
propose moving it because of its proximity to another driveway. He asks that the
Council approve the preliminary plat and the applicant will continue to work with
the Elk River Sportsman’s Club on another solution as well as running sound tests.
He anticipates having a final plat in spring 2022.
Jeff Langbehn, 14021 Victoria Ln NW, expressed concern about losing the heavily
wooded areas as his property abuts two other properties.
Pam Gleason, 20250 Meadowvale Rd NW, spoke through an American Sign
Language interpreter to ask for clarification on the yellow highlighted area on the
map.
Mr. Leeseberg clarified the area marked in yellow on the map was a proposed
driveway between the applicant and Elk River Sportsman’s Club to get rid of one of
the county road accesses that is already there.
Mayor Dietz closed the public hearing.
Mayor Dietz expressed concern approving the preliminary plat due to unmet
conditions. City Attorney Beck stated there are grounds to deny the preliminary plat
since Sherburne County won’t approve access. However, he is comfortable with the
preliminary plat with conditions to the approval. A final plat can’t be approved
unless it’s consistent with the preliminary plat. The preliminary plat is only good for
one year and would automatically expire if the conditions are not met.
City Attorney Beck stated this is a preliminary plat approval and part of the approval
is demonstrating they won’t put the Elk River Sportsman’s Club out of compliance
with state noise standards.
Council expressed concerns regarding the access points to Meadowvale Road and
future issues with noise from the Elk River Sportsman’s Club in the proposed
development. Concerns regarding tree removal and screening can be addressed with
the developer during the final plat process.
Councilmember Wagner asked if the Planning Commission should look at the plan
after a driveway relocation has been agreed upon by Sherburne County and Elk
River Sportsman’s Club.
Mayor Dietz asked about the difference between denying the preliminary plat or
passing it with conditions. City Attorney Beck explained that passing the preliminary
plat would be more efficient for the applicant and for staff.
Moved by Councilmember Christianson and seconded by Councilmember
Beyer to approve Preliminary Plat P 21-11 for Pullar Prairie with the following
conditions:
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1. The final plat cannot be approved until the documentation required by
State Statute Chapter 87A has been received and approved by city staff.
2. The driveway to Elk River Gun Club must be moved as far north as
possible to maximize the distance between County Road 32 and the
driveway.
3. The Elk River Gun Club must agree, in writing, to the relocation of their
driveway access.
4. The developer shall construct the relocated entrance to the Elk River Gun
Club and deed the Outlot containing the driveway to Elk River Gun Club
at no cost to the club.
5. Sherburne County must approve the connection to County Road 32.
Motion carried 5-0.
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7.2 Twin Town LLC/Nicholas Holm, 13385 207 Avenue
Conditional Use Permit: Operate Home Occupation
Mr. Leeseberg presented the staff report. He recommended two additional
conditions not outlined in the staff report.
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Nick Holm, 13385 207 Ave, was present as the applicant. He explained that the
trucks on site had been there temporarily and were now dispersed to the supervisors.
Each truck contains equipment for a four-person demolition crew. Since his business
uses mobile technology there should be limited need to have trucks on-site. He has
spoken with his neighbors and his goal is not to affect their quality of life.
Mayor Dietz closed the public hearing.
Councilmember Westgaard asked for clarity on the commercial standards for the
outbuilding to satisfy the CUP.
Council questioned the reasoning to allow only two employees on site and
determined Condition #10 could be modified to state that all employee vehicles
must be located within the designated parking area.
Councilmember Wagner questioned not allowing repairs on commercial vehicles on
the property. Mr. Leeseberg stated the council could decide to modify the wording to
allow repair of vehicles within buildings with the doors closed to limit noise.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to approve Conditional Use Permit, CUP 21-15, with the following
conditions to satisfy standards set forth in Section 30-654 of City Code:
1. The property owner must work with the Building Official to
demonstrate compliance with all applicable commercial building codes
for the use classification within the detached accessory structure.
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2. An amendment to this Conditional Use Permit will be required for
future expansions/additions not shown on the site plan dated
November 15, 2021.
3. Hours of operation shall be limited to 7:00 a.m. – 4:00 p.m. Monday
through Friday.
4. There shall be no repair or maintenance of company
vehicles/equipment on site.
5. The designated outdoor storage area shall be no larger than 20’ x 100’ in
size. It shall be located south of the existing detached accessory
building, no closer than 10-feet to any property line.
6. All outdoor storage of company vehicles/equipment must be stored
within the designated outdoor storage area screened from view from the
public right-of-way by a 6 (six) foot high 100% opaque fence.
7. No company vehicles/equipment may idle on site for more than 15
minutes.
8. No more the six (6) square feet of signage shall be allowed.
9. There shall be no parking of business vehicles and/or equipment on
public streets or rights-of-way.
10. Any employees allowed on site, other than owner, must park in the
designated fenced outdoor storage area.
Motion carried 5-0.
7.3 AJ Land Development, Inc.
Simple Plat: Briarwood Farm
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 adopt Resolution 21-86 for final plat of Briarwood Farm with the
conditions that Park Dedication shall be paid for two dwelling units at the
rate applicable when the subdivision is released for recording. Motion carried
5-0.
7.4 City of Elk River
Preliminary and Final Plat: Nature’s Edge Business Center Third
Addition
Easement Vacation: Street, Drainage, & Utility
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.
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Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve Preliminary Plat for Nature’s Edge Business Center
Third Addition with the following conditions:
1. The three parcels in Block 2 shall be shown as one outlot, to be consistent
with the final plat.
2. The north half of the plat shall be re-zoned to Business Park.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to adopt Resolution 21-87 granting final plat approval for Natures
Edge Business Center Third Addition upon condition that park dedication be
paid for one buildable lot, Case No. P 21-10. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember
Christianson to adopt Resolution 21-88 granting a petition to vacate a public
street, utility, and drainage easement, upon condition that the final plat of
Natures Edge Business Center Third Addition be recorded immediately after
the vacation resolution, Case No. EV 21-05. Motion carried 5-0.
8. General Business
There was no General Business.
Council recessed at 6:49 pm and reconvened at 6:55 pm to go into work session.
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9.1 ATV Ordinance
Mr. Portner presented the staff report.
Chief Nierenhausen stated he researched comparable cities and it is predominantly
not allowed for ATVs to drive on city streets. He discussed difficulty of enforcement
due to population size and geographic barriers. He further noted officers can’t go
where an ATV can go and there would be noise complaints in neighborhoods.
Mayor Dietz stated there is no need to change the current ordinance.
Councilmember Wagner concurred stating she can’t envision them on the city street
system.
Councilmember Westgaard questioned how the city could ensure legal age of the
driver, insurance, and licensing, as well as remaining on city roads versus county and
state roads where they are not allowed. He stated he can understand allowing them in
a more farm/rural community and he would need rationale as to why the city would
want it.
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Councilmember Beyer stated he would like to hear better reasons on why this is
needed. He noted limited speeds of ATVs is a factor as well.
Council consensus was not to move forward with an amendment.
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9.2 Code Enforcement Action: 13690 186 Avenue
Mr. Carlton presented the staff report.
Kurt Glaser, attorney with Berglund, Baumgartner, Kimball & Glaser, stated
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Joe John, owner of 13690 186 Ave, is having issues cleaning up his property and is
offering to sign a consent decree if he is allowed an extension until April 2022 to
clean up the property. He stated the consent decree would allow the city to enter the
property and assist him with the cleanup. Mr. John has some mental health concerns,
and does not have a Guardian Ad Litem. Mr. Glaser recommended asking the court
for a court order as there are items of value on the property. Mr. John’s social
worker feels Mr. John can make decisions for himself and does not need a Guardian
Ad Litem; however, the city could be liable for removing items of value from the
property if Mr. John stated he did not have full ability to consent because of his
mental health.
Mayor Dietz noted the consent decree would not take effect until April 1, 2022, and
Mr. John would have until that date to continue cleaning the property. After that
point, the city would assist in the cleanup.
Councilmember Christianson asked how the timeline compared to past practice. Mr.
Carlton stated the timeline was similar to past practice. He added that a legal process
would have a similar timeline of April 2022. If Mr. John signed the consent decree, a
resolution would come to the Council at the December 6, 2021, meeting. If he did
not sign, the Council would need to have additional discussion.
Mr. Glaser clarified that, if Mr. John is found by the courts to not be competent,
based on testimony from his social worker and those he has dealt with from a mental
health standpoint, the city needs to start over with a court ordered abatement
process. At that point, the city has two choices, to use police power to enter the
property or to go through the full court ordered abatement process. The attorney
recommended the abatement process.
City Attorney Beck noted that the city could start the court ordered abatement
process at any time between now and April 2022.
Mr. Trebesch will continue to monitor the cleanup process.
9.3 Concept Review: Daniel Krueger, PID 75-871-0105
Mr. Carlton presented the staff report.
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Dan Krueger outlined his concept to council.
Council consensus was to allow a townhome development in the area requested.
9.4 Liquor Store Full Time Position
Mr. Audette presented the staff report.
Mayor Dietz asked how much sales have increased in the past two years and the cost
of hiring a full-time person with benefits. Mr. Audette noted sales have increased
over $1 million in the past two years.
Ms. Ziemer stated the cost of a full-time person with benefits would be $60,000-
70,000. If the city did not replace the vacant full-time position and filled it with part-
time staff, there would be a savings of about $12,000. Several part-time staff would
need to be hired to cover the hours of a full-time position.
Mr. Colotti added that full-time staff also have different responsibilities and authority
than part-time staff.
Councilmember Beyer asked the point of having part-time employees. Mr. Audette
stated the original intent was that part-time staff were able to fill in shifts without
overstaffing of full-time employees. Now the situation is reversed, and the stores
could likely function better with full-time staff rather than part-time.
Councilmember Westgaard recommended the Council look at staffing and what the
headcount should be for the liquor stores.
Council was in favor of allowing the full-time position.
Mayor Dietz reminded Mr. Audette that he had said he would not need additional
full-time staff during a past meeting and cautioned him about making promises to
the Council he couldn’t keep.
9.5 Capital Improvement Plan
Ms. Ziemer presented the staff report.
Staff were in attendance to answer questions on their portion of the plan.
Council asked about the replacement of the fire ladder truck and fire engine and
would like to have a future discussion on fire vehicles. The $2.8 million needed for
repayment of the debt for the vehicle replacements would have to be put on tax levy.
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Council asked about purchase of police vehicles and where replaced vehicles go. Mr.
Sevcik stated police cruisers generally are rotated into general fleet vehicles for staff
use. The remainder of vehicles are sent to auction.
Mr. Sevcik added that, due to issues with chip shortages, the snowmobile
replacement set for this year was cancelled. Council may see a couple replacements in
the next several years. Mr. Sevcik explained these snowmobiles are used to tow heavy
grooming equipment up hills which is a wear on them.
Council will need to have future discussions regarding the loss of $2 million in
revenue once the landfill closes, projected for 2027. Mr. Portner stated some
replacements and repairs were eliminated with the new ice arena and senior center as
well as Lion John Weicht Park changes as part of Active Elk River.
Council asked if the disc golf course at Lion John Weicht Park was going to be
upgraded or replaced. Mr. Hecker clarified the disc golf course would be improved
and portions replaced. He stated the $50,000 recommendations for a new
playground would be moved to the 2023 budget. He also stated that plans for a ninja
park at Lion John Weicht Park would be put on hold.
Council asked about the $1.5 million for trails related to the County Rd 33 project.
Mr. Hecker stated these trails were added based on feedback that Sherburne County
received from residents. Trails would be paid for by the city as part of the cost
participation policy.
Council stated they should review the cost participation policy with Sherburne
County.
Council did not feel the area near County Rd 33 had enough population to warrant a
trail and recommended bringing the discussion back to the Parks and Recreation
Commission for them to make recommendations.
Mr. Femrite added that it may be more economical to design and build the trails
during the road project. The county is looking for an answer from the Council as
soon as possible.
Council discussed the revenue of the Furniture and Things Community Event
Center. Currently, they have a negative cash balance of $110,000 due to reduced
rentals during 2020 and 2021.
Councilmember Wagner asked about the cost for upgrading the audio-visual
equipment in the Furniture and Things Community Event Center. Mr. Dalton
explained the upgrades would include a cart to assist in Zoom technology.
Council asked about the need to build frontage roads after the 169 Redefine project is
completed. Mr. Femrite stated money is budgeted for continuation of the Line
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Avenue project and extension of the sidewalk system including right-of-way
acquisition.
Council asked if the re-roofing projects for City Hall and Northbound Liquor should
be postponed for 2022 due to the strain on the supply market.
The CIP will appear on the December 6, 2021, consent agenda.
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Buckthorn Discussion
Mr. Hecker asked Council if they wanted to consider ongoing funding for invasive
species eradication.
Councilmember Wagner stated the Parks and Recreation Commission felt it should
be a priority, but funding should be city-wide rather than from the park
improvement fund.
Dave Anderson, Parks and Recreation Commissioner, was in attendance and
brought some rushed (due to timing) plan/cost estimations along.
Mr. Sevcik asked Council their end goals and long-term management strategies/costs
with buckthorn noting the problem extended beyond Woodland Trails Regional Park
and included Bailey Point Nature Preserve, William H. Houlton Conservation Area,
and Hillside Park. There were potentially 600-700 affected acres and the proposed
price of $60,000 per year would only cover one park. He further stated even if the
last of buckthorn is eradicated from the parks, the city can’t do anything about the
private property surrounding the parks.
Council asked about the possibility of state grants. Mr. Sevcik stated state grants are
rarely available for invasive species projects.
Mr. Anderson added that the Friends of the Mississippi group has been helpful at
William H. Houlton Conservation Area and Bailey Point Nature Preserve and he
would be interested to see if they may have a proposal.
Council was concerned financing buckthorn and other invasive species was a losing
battle. They suggested informing the commission there is no budget or staff to fight
buckthorn citywide and asking the commission if there are premier areas they’d like
to identify to prioritize as an ongoing fight.
9.6 Climate Change Resolution
Councilmember Wagner presented the staff report.
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Councilmember Westgaard noted the city has been leading environmental initiatives
for more than 15 years.
Councilmember Christianson stated this resolution is more a symbolic gesture and
not really asking for anything specific to be done but to take a stand at state level. He
further stated this is a partisan issue and the council is a non-partisan body.
Mayor Dietz stated there would be a lot of opposition from residents.
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Furniture and Things Community Event Center Complaint
Mayor Dietz noted he received a complaint about how far seniors must walk to get
to the senior activity center.
This matter was referred to the Multipurpose Advisory Commission.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:53 p.m.
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John J. Dietz, Mayor
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Tina Allard, City Clerk