11-20-2023 CCMMembers Present:
Members Absent:
Staff Present:
Meeting of the Elk River City Council
Held at the Elk River City Hall
November 20, 2023
Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer
Wagner
None
City Administrator Calvin Portner, Assistant City Administrator Joe Stremcha, Fire Chief
Mark Dickinson, Senior Planner Chris Leeseberg, Finance Manager Lori Stich, City Attorney
Jared Shepherd, and City Clerk Tina Allard
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 6:26
p.m. by Mayor Dietz.
2. Pledge of Allegiance:
Pledge of Allegiance was recited.
3. Consider Agenda
Mayor Dietz removed Item 4.9 from the agenda.
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve the
agenda as amended. Motion carried 5-0.
4. Consent Agenda
Mayor Dietz questioned where the funding would come from for Item 4.18 and whether it should be
covered as part of the original project scope. Mr. Portner noted this was not part of the original project and
he would review the funding source for the Council.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve:
4.1
Check register as outlined in the staff report.
4.2
Pay estimates as outlined in the staff report.
4.3
Hire Dina Nelson as full-time liquor store clerk effective November 21, 2023.
4.4
Ordinance 23-23 amending Chapter 58, Solid Waste, Sections 58-31 through 58-34 of the City
of Elk River, Minnesota, City Code.
4.5
Resolution 23-47 acknowledging contribution from Zimmerman Fire Relief Association.
4.6
Agreement 23-41 with Sherburne County for managing VOTER Account funds.
4.7
Appointment of Mel Beaudry to the HRA with a term expiration of December 31, 2028.
4.8
Appointment of Jeff Hartwig to the EDA with a term expiration of December 31, 2029, and
Isaac Blaske to the Library Board with a term expiration of December 31, 2026.
4.10
IT Network Specialist position description.
4.11
Resolution 23-48 levying assessment for unpaid garbage collection services.
Resolution 23-49 levying assessment for unpaid sewer services.
City Council Minutes
November 20, 2023
Page 2
Resolution 23-50 levying assessment for unpaid stormwater utility fees.
4.12 Resolution 23-51 levying assessment for unpaid water utility services.
Resolution 23-52 levying assessment for unpaid electric service.
4.13 Resolution 23-58 adopting and levying assessment for costs incurred to connect to city water
and sewer lines.
4.14 Planned Unit Development Agreement for Jackson Hills Phase Two Apartment Project.
4.15 Reinstatement of Kara Walker to the Multipurpose Facility with a term expiration of
February 28, 2025, and Michelle Hegarty to the Library Board with a term expiration of
December 31, 2025.
4.16 Resolution 23-53 authorizing a transfer from the ARPA Fund to the General Fund.
4.17 Resolution 23-54 acknowledging contribution from Gary and Linda Radke for rescue
equipment.
4.18 Quote from Brenteson Companies, Inc. for $39,818.99 for stabilization improvements at
Orono Park.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Oath of Office: Firefighters
Chief Dickinson introduced the firefighters. Mayor Dietz administered the oath of office. The badging
ceremony was held, and the Mayor thanked the firefighters and their families for their service and
commitment.
6.2 Promotion: Fire Chief Casey Neuman
Chief Dickinson discussed Mr. Neuman's background. Mayor Dietz administered the oath of office, and the
badge ceremony was held.
6.3 Introduction of New Employees
New employees were introduced to the Council.
7.1 Preliminary and Final Plat: Park Pointe Second Addition (Replatting Outlot E, Park
Pointe)
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 Wagner and seconded by Councilmember Beyer to approve the
preliminary plat for Park Pointe Second Addition. Motion carried 5-0.
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November 20, 2023
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f'1 Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Resolution
23-55 granting final plat approval for Park Pointe Second Addition, Case No. P 23-11 with the
following conditions:
1. Park Dedication shall be paid for one dwelling unit at the rate applicable when the
subdivision is released for recording.
2. A 35-foot-wide trail easement along Kliever Marsh above the Ordinary High Water Mark
shall be provided.
Motion carried 5-0.
7.2 Simple Plat: Glens Ridge, Westphal Construction Company, Inc.
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Tyler Erickson, 9753 226' Lane, asked for clarification regarding road access for the homes, which Mr.
Leeseberg explained.
Shawn Norton, 201 Montana Avenue, Big Lake, is opposed to the condition requiring him to pave the cul-
de-sac to city standards because it is cost prohibitive and is only for one additional home. He stated the
wetlands on the property may make it cost prohibitive to build additional homes and suggested having it
built later if the property were to be developed.
Mayor Dietz closed the public hearing.
Mr. Grupa asked staff why the road is required to be paved. Mr. Leeseberg stated it's the city standard to
pave city infrastructure. The intent is to eliminate gravel roads as opportunities arise due to safety and the
additional maintenance/equipment costs required. Mayor Dietz read the staff's statement in the packet as to
why the paved road is required.
Councilmember Wagner asked if a cul-de-sac is the only option and felt it was a high cost to pay for one
home. Mr. Leeseberg mentioned a hammerhead T design, but he is not sure the city engineer would be in
favor of it. Councilmember Beyer would like to see more options because there won't ever be more than
two lots on the cul-de-sac. Mayor Dietz asked staff to research and bring back examples of other areas of
the city affected by gravel. Councilmember Wagner asked that the information be emailed to her. She asked
for more information on how the street department would be affected if the cul-de-sac remains gravel.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to continue this item to
the December 4 Council meeting. Motion carried 5-0.
7.3 Ordinance: Home Occupations
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.
City Council Minutes
November 20, 2023
Page 4
The Council agreed with the Planning Commission's recommendations for amendments to home
occupations but discussed the following items and came to consensus:
1. Setbacks and property size for outdoor storage requests. The Council consensus is that setbacks for
outdoor storage should be 50 feet from any existing structure on adjacent property.
2. Whether to allow motor vehicle repair in residential districts. The Council consensus is that auto
repair should be limited to residential lots with 10 or more acres in the R1 a district.
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Ordinance
23-24 Amending Chapter 30, Sections, 30-1, Definitions, 30-658, Interim Uses, 30-801, Home
Occupations, 30-991, R1 District, 30-992, R2a District, 30-993, R2b District, Section 30-994, R3
Townhome District, Section 30-1027, XCR Extreme Commercial Recreation, 30-1583, CRT
Commercial Reserve Transition, 30-1584, MU-ERP Mixed Use - Elk River Plaza, 30-1587, Focused
Area Study (FAST), and Section 46-34, Public Nuisances, of the City of Elk River, Minnesota, City
Code with the changes noted above. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adopt
Resolution 23-57 approving notice of summary publication of Ordinance No. 23-24, an Ordinance
Amending Chapter 30, Sections, 30-1, Definitions, 30-658, Interim Uses, 30-801, Home
Occupations, 30-991, R1 District, 30-992, R2a District, 30-993, R2b District, Section 30-994, R3
Townhome District, Section 30-1027, XCR Extreme Commercial Recreation, 30-1583, CRT
Commercial Reserve Transition, 30-1584, MU-ERP Mixed Use - Elk River Plaza, 30-1587, Focused
Area Study (FAST), and Section 46-34, Public Nuisances, of the City of Elk River, Minnesota, City
Code. Motion carried 5-0.
The Council asked staff to thank the Planning Commission for their hard work on this ordinance.
8.1 Heritage Preservation Commission Appointment
Moved by Councihnember Wagner and seconded by Councilmember Beyer to appoint Gavin
Tuckey to the Heritage Preservation Commission with a term expiration of February 28, 2026.
Motion carried 5-0.
8.2 Energy City Commission Appointments
Moved by Councilmember Beyer and seconded by Councilmember Grupa to appoint Leo
Dombrovski to the Energy City Commission with a term expiration of February 28, 2026. Motion
carried 5-0.
Moved by Mayor Dietz and seconded by Councilmember Wagner to appoint Mirdalys Tweeton to
the Energy City Commission with a term expiration of February 28, 2025. Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to appoint Matthew
Fomby to the Energy City Commission with a term expiration of February 28, 2024. Motion carried
5-0.
9. Adjourn Regular Meeting
City Council Minutes
November 20, 2023
Page 5
r Moved by Councilmember Wagner and seconded by Councilmember Beyer to adjourn the regular
meeting of City Council. Motion carried 5-0.
The Council recessed at 7:48 p.m. and reconvened in work session at 7:52 p.m.
10.1 Safe Haven Baby Box— Karlie Myette/Nichole Hoffman, ERFD Foundation
Ms. Hoffman discussed current law and proposed legislation with a bill being carried by Representative
Novotny.
Ms. Myette discussed installation and security of the box and recommended it be housed at Fire Station #1
due to staffing. She noted the ambulance service, and the county are in support of the program, and she is
meeting with various groups to determine costs for monitoring, installation funding, grant opportunities,
and donated labor.
The Council is in support of the program but would like more details on the items noted by Ms. Myette,
plus the ongoing program costs. They further asked staff to research bid requirements, liability, and
insurance.
10.2 Hockey Day Minnesota Branding at Furniture and Things Community Center
Mr. Stremcha presented the staff report.
The Council concurred Hockey Day Minnesota branding could go in the main lobby area on the lower level
of the facility because it was a special commemorative community event in which many organizations were
involved who should also be recognized as part of the branding. They directed discussion on design work
back to the multi -purpose facility commission.
10.3 2024 Budget
Mr. Stremcha presented the staff report.
Mayor Dietz noted the proposed 2024 Truth -in -Taxation statements went to property owners this week and
he felt Elk River was high compared to other entities. He suggested utilizing additional liquor store revenue
to lower the tax rate.
Mr. Stremcha stated Elk River is evenly matched when compared to other cities. He stated the school
district is lower because they are in multiple communities. He hesitates to use the liquor store funds
currently without knowing the status of the Northbound location.
Councilmember Westgaard noted the original proposed transfer out of liquor store funds for 2024 is less
than it was in 2023. Mr. Portner noted the Council used both ARPA and additional Liquor Funds to
decrease the General Fund levy for 2023, both one-time transfers, an unsustainable revenue that will need to
be addressed at some point in the future.
Councilmember Westgaard agreed that as long as the fund reserve is healthy, proceeds from the Liquor
Fund should offset the General Fund which would show the public there is a benefit to having municipal
liquor operations. He stated some things are outside of the city's control, such as home valuations and the
homestead market value exclusion.
City Council Minutes
November 20, 2023
Mr. Portner stated last year's transfer moved the total profit to fund 2023.
Page 6
Councilmember Wagner concurred with the other Councilmembers as she has been hearing from the
community that this causes a struggle on everyone's budget. She indicated she understood the impact of
Covid and desires to keep taxes low.
The Council concurred to move an additional $250,000 from the Liquor Fund to the 2024 General Fund
budget revenue.
10.4 Advisory Board Attendance Policy
Mayor Dietz asked if an excused absence could be defined. Mr. Portner suggested excused absences are
subjective and most likely commissioners who call in would be legitimate, not lying.
The Council consensus agreed to the language suggested in the staff report and this item will come back to
Council for formal approval later.
Ticket Pricing at FT Center
Mayor Dietz questioned the pricing changes for high school hockey game tickets. Mr. Stremcha discussed a
vendor change and the need to cover additional costs. He also noted the operation will be switching to
online payment only.
II. Adjournment
Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting
of City Council. Motion carried 5-0.
Meeting adjourned at 8: 41 p.m.
j n .Diet ayor
Tina Allard, City Cler