01-18-2022 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, January 18, 2022
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, City Attorney Peter Beck, Senior
Planner Chris Leeseberg, Building Official Bob Ruprecht, Facility
Maintenance Manager Rich Czech, Economic Development Director
Brent O'Neil, Building Permit Technician Dawn Robertson,
Assistant Facility Supervisor Billy Hunter, Deputy Clerk Jolene
Richter, and Records Specialist Katie Porath
I . Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:05 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Mayor Dietz asked to remove Item 8.2 regarding Lion John Weicht Park Ballfield
Memoriam Naming and replace with discussions on Lion John Weicht Park and the
Boards and Commissions appreciation dinner.
Moved by Councilmernber Christianson and seconded by Councilmember
Westgaard to approve the agenda, as amended. Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmernber
Wagner to approve:
4.1 January 3, 2022, Special Minutes
4.2 Check register as outlined in the staff report
4.3 Resolution 22-5 Financial Contribution to the Arvig Broadband
Expansion Project
4.4 Pay Estimates
4.5 Athletic Field Utilization Study
4.6 2022 Equipment Replacement Fund Purchases
4.7 Pay Equity Compliance Report
City Council Minutes Page 4
January 18, 2022
Jim Swanson,13701185`s Ave. NW, stated the easement should be left as -is.
Gerald Waite, 13679185`' Ave. NW, addressed the drawings of potential
developments the Planning Department had prepared. He stated he is not looking to
create 10 new lots.
Bruce Rahn, applicant, 13665185t6 Ave. NW, stated the easement is not being
used as intended, as access for new homes in the area. He stated he pays the taxes on
the property and should be allowed to do what he wants with it.
Mayor Dietz closed the public hearing.
Mayor Dietz questioned why the city would give up the easement if there was any
potential to put a road in that space or develop the area. He asked how the city could
acquire the land for a road if they give up the easement.
Mr. Leeseberg stated the city would have to buy the land.
Mayor Dietz asked how the easement is currently being used.
Mr. Leeseberg stated adjacent neighbors are currently using the easement to access
portions of their property. The applicant could not put up a permanent structure
while it is designated as an easement.
City Attorney Beck added the easement was granted for public street and utilities.
Unless the city puts a public street or utility in the easement there is no right for
others to use the easement as access.
Councilmember Westgaard noted a development in the area would need
participation from several of the lots and could not be done on one lot. He
questioned whether the city was not allowing the applicant to use his property.
City Attorney Beck stated the easement was granted with land use approvals and not
taken by the city. The city has no obligation to vacate it if the council feels there
could be potential use and public benefit.
Councilmember Wagner asked if there are any other easements in the area that may
connect in the future.
Mr. Leeseberg stated he found no other public easements across the adjacent
properties.
Councilmember Christianson expressed concern that the council would
"pigeonhole" options to develop the area in the future by vacating the easement.
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City Council Minutes Page 5
January 18, 2022
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Cathy Rahn, 13665185``` Ave, asked why they should give up their property for
other people to have access. If neighbors wanted to develop their property, they
should use their land as access.
Councilmember Christianson asked the applicant if there was an easement in place
before or after they purchased the property.
Mr. Rahn stated the easement was in place when the Rahn's purchased the property.
An easement was granted in order for the original owners to get a lot split and
variance.
Councilmember Wagner verified with city staff and there are no plans for future
road systems, utilities, or drainage in this area.
Moved by Councihnember Wagner and seconded by Councihnernber
Westgaard to adopt Resolution 22-7 vacating the north 66 feet of 75-131-1101.
Motion carried 3-2. Councilmember Christianson and Mayor Dietz opposed.
8.1 Elk River Youth Lacrosse Association Field Lighting Deferment
Request
Mr. Portner presented the staff report. Finance recommends shorter terms due to
organizational turnover.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to amend the agreement with Elk River Youth Lacrosse to repay
their remaining balance for Oak Knoll Athletic Complex field lighting in five
annual payments of $4,449.60 due Sept. 30, 2021, to 2025. Motion carried 5-0.
8.2 Lion John Weicht Park and Volunteer Dinner
Mayor Dietz asked the council if they are comfortable with holding the Board and
Commission appreciation dinner given the rise in cases of COVID-19.
Council discussed the timing of cancelling the caterer, an option to have a boxed
dinner/all virtual event, and the idea of a hybrid in-person/virtual event. Council
decided to continue with a boxed dinner/in person option.
Mayor Dietz asked about the Furniture and Things Community Event Center
concession opening.
Mr. Czech gave an update that Serrano was in the process of completing wiring for
their Point -of -Sale system and have been testing it.
Mayor Dietz addressed the vandalism and bathrooms located at Lion John Weicht
Park. He asked if there are security cameras.
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City Council Minutes
January 18, 2022
Mr. Portner stated there were cameras in the area.
Page 6
Mayor Dietz asked about the possibility of locating a port -a -potty on the site if the
bathrooms were locked during the winter.
Mr. Portner stated several city parks and the Furniture and Things Community
Event Center have experienced problems with break-ins and vandalism.
Councilmember Wagner was in favor of spending the money needed to protect the
new facilities.
Mayor Dietz asked if damages were covered by insurance.
Mr. Portner stated the city has a large deductible; therefore most damages were
coming from the city budget.
Council recessed at 7:32 p.m. and reconvened at 7:38 p.m. to continue the work
session in Upper Town.
9.1 Housing Study Review
Mr. O'Neil presented the staff report.
Council confirmed goals for the number of projected housing units were being met.
This information could affect the approval of future housing development requests,
particularly those requesting TIF assistance.
Mr. Portner invited Councilmember Wagner to speak at the Chamber Leadership
event on February 11, 2022, along with Mayor Dietz.
Mayor Dietz read the statement on the agenda outlining the need to hold a closed
meeting. Council recessed at 7:53 p.m. and reconvened in a closed meeting at 7:54
p.m.
Council held a closed meeting pursuant to MN Statute 13D.05, Subd. 3(c) to
consider offers for the purchase or sale of real property. The property being
discussed is PID #75-011-4100.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 8:01 p.m.
Minutes prepared by Katie Porath.
! I V E I E I I Y
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City Council Minutes
January 18, 2022
Tina Allard, City Clerk
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