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City Council Packet 11 17 2025
City Council Regular Meeting, Work Session & Closed Meeting Agenda Monday, November 17, 2025 6:00 PM or immediately following the EDA meeting (whichever is later) Elk River City Hall ▪ Regular meeting in Council Chambers ▪ Work Session meeting in Upper Town Conference Room immediately following regular meeting ▪ Closed meeting immediately following the work session 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CONSIDER AGENDA 4. CONSENT AGENDA Considered to be routine and noncontroversial and will be approved by one motion. There will be no separate discussion of these items unless there is a request to remove the item from the consent agenda to the regular agenda. 4.1 Check Register 4.2 Resolution 25-65: Local Road Improvement Program (LRIP) Application for the 193rd Avenue/Evans Street Roundabout 4.3 Resolution 25-66: Local Road Improvement Program (LRIP) Application for the Downtown Reconstruction Project 4.4 Resolutions 25-69 Certifying Unpaid Sewer and Resolution 25-70 Certifying Stormwater Utility Services 4.5 Resolution 25-71 Certifying Unpaid Water and Resolution 25-72 Certifying Electric Utility Services 4.6 Community Service Officer 1 (CSOI) Employment Agreement Template 4.7 Development Contract Oakwater Ridge 1st Addition 4.8 Conditional Use Permit CU 24-22: Winlectric CUP Revocation 4.9 Agreement 25-33: Sherburne County for Mississippi Road Trail 4.10 Agreement 25-34: Shed User Agreement with MN Biathlon and Certificate of Insurance 4.11 Hire Senior Activity Center Assistant 5. OPEN FORUM An opportunity to provide comments and feedback regarding items not on the agenda. Information provided in Open Forum will not be discussed at this meeting; rather, the information will be referred to staff and/or scheduled for discussion at a future meeting. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 6.1 Sherburne County Administrator Update Page 1 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity 6.2 City of Elk River Volunteer of the Month 7. PUBLIC HEARINGS An opportunity for the public to express their opinions and raise questions pertaining to the agenda item. All comments become part of the official public record. For this reason, all comments must be made at the podium so they can be heard and recorded. Comments may also be provided in writing. There will not be deliberations, discussions, or answers to questions until the hearing is closed. It is important to be courteous and allow each presenter to comment before adding additional testimony. 7.1 Resolution 25-67: Plat of Perkins Acres 7.2 Variance: Side Yard Setback, Tim St. Claire - 19072 Baldwin St NW 7.3 Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW 7.4 Ordinance Amendment: Reasonable Accommodation Appeal Process, City of Elk River 7.5 Ordinance 25-16: Adopt 2026 Master Fee Schedule Resolution 25-68: Summary Publication of Ordinance 8. GENERAL BUSINESS Items in which the information is presented by city staff or consultants, then deliberation and action occur. General Business items are not opportunities to receive or provide public input. However, the presiding officer may, at its sole discretion, solicit public feedback. 8.1 Tobacco Compliance Failures: Elk River Tobacco 8.2 Concept Plans: Elk River Water Tower Historic Site 9. MOTION TO ADJOURN REGULAR MEETING 10. WORK SESSION Work Sessions are less formal meetings to encourage dialog. Official action or votes are not typically taken. At the conclusion of a discussion, a simple consensus provides staff direction for execution of the item. This portion of the agenda is audio recorded but not video recorded or broadcast. Work Sessions are open to the public; however, visitors who wish to provide input must be invited by the presiding officer, assume a seat at the discussion table and provide their full name and address for the official record. 10.1 Capital Improvement Plan 2026-2030 10.2 Energy Management Solutions - Solar on Public Buildings 10.3 Municipal Cannabis Retail Discussion 11. MOTION TO ADJOURN 12 Closed Meeting - LELS #231 Collective Bargaining Agrement 12.1 Statement to be read by the Mayor: "The City Council will be closing the meeting pursuant to MN Statute Section 13D.03, Subdivision Page 2 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity 1(b). The Council will discuss the city's labor negotiation strategy related to the city's negotiations with the Collective Bargaining Agreement, LELS 231." 12.2 Motion Calling Closed Meeting 12.3 Hold Closed Meeting 12.4 Motion to Adjourn Closed Meeting 13. INFORMATION 13.1 Investment Report - 3rd quarter 13.2 October Financial Reports Page 3 of 379 Meeting of the City Council Held at the Elk River City Hall Monday, November 17, 2025 Members Present: Mayor John Dietz, Councilmembers Cory Grupa, J. Brian Calva, Mike Beyer, and Jennifer Wagner Members Absent: None Staff Present: City Administrator Cal Portner, City Attorney Jared Shepherd, Senior Planner Chris Leeseberg, Business Services Director/Assistant City Administrator Joe Stremcha, Public Works Director/Chief Engineer Justin Femrite, Community Development Director Zack Carlton, Police Chief David Kuhnly, Special Services Sergeant Andy Zabee, Juvenile Detective Sergeant Don Birdsall, Human Resources Manager Lauren Wipper, Finance Manager Lori Stich, and City Clerk Tina Allard 1. CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. CONSIDER AGENDA Moved by Councilmember Grupa and seconded by Councilmember Calva to approve the agenda. Motion Carried 5-0. 4. CONSENT AGENDA Moved by Councilmember Wagner and seconded by Councilmember Beyer to approve the following consent items as outlined in their respective staff reports. Motion 5-0. 4.1 Check Register 4.2 Resolution 25-65: Local Road Improvement Program (LRIP) Application for the 193rd Avenue/Evans Street Roundabout 4.3 Resolution 25-66: Local Road Improvement Program (LRIP) Application for the Downtown Reconstruction Project 4.4 Resolutions 25-69 Certifying Unpaid Sewer and Resolution 25-70 Certifying Stormwater Utility Services City Council Minutes November 17, 2025 --------- Page 2 of 11 4.5 Resolution 25-71 Certifying Unpaid Water and Resolution 25-72 Certifying Electric Utility Services 4.6 Community Service Officer 1 (CSOI) Employment Agreement Template 4.7 Development Contract Oakwater Ridge 1st Addition 4.8 Conditional Use Permit CU 24-22: Winlectric CUP Revocation 4.9 Agreement 25-33: Sherburne County for Mississippi Road Trail 4.10 Agreement 25-34: Shed User Agreement with MN Biathlon and Certificate of Insurance 4.11 Hire Senior Activity Center Assistant 5. OPEN FORUM No one appeared for open forum. 6. PRESENTATIONS, AWARDS, AND RECOGNITION 6.1 Sherburne County Administrator Update Sherburne County Administrator Bruce Messelt provided the Council with the following updates: ▪ Pilot bus service program to replace the Northstar Commuter Rail, as outlined in his presentation in the packet record. ▪ State legislation inhibiting data centers from locating in Minnesota, which resulted in challenges to sell the former Sherco Plant land in the City of Becker. He noted they will ask the legislature to reconsider an exemption for this parcel of land. ▪ The County Board is revisiting the 30-year moratorium on nuclear power. ▪ County Road 11 turnback to the state as the road is getting too busy to be a county road. ▪ Unfunded Federal and State mandates are creating a financial burden for the county. ▪ Tobacco ordinance consideration by the county board to limit vape products. ▪ Software implementation to protect the county building due to two previous active shooter issues. He stated they would be offering this technology to the schools as well. ▪ Implementation of the IPAWS (Integrated Public Alert and Warning System) and the outdoor warning signs are now becoming obsolete. They are evaluating what to do with the old equipment. ▪ A contamination concern at the Elk River Landfill, and the need to remedy it now, because once it's closed in the future, there is no guarantee that Waste Management will still be around to be responsible for it. City Council Minutes November 17, 2025 --------- Page 3 of 11 Mayor Dietz suggested a joint work session with the Board to understand more about the opposition and controversy surrounding data centers. He further suggested a joint meeting in 2026 with the Sherburne County Board, which Mr. Messelt stated would be a good idea. Mayor Dietz also expressed concerns with other communities using the Elk River Landfill due to safety and contamination concerns. He stated it should only be available to Sherburne County residents. He asked if higher fees could be imposed on other communities. Mr. Messelt stated he would need to review this item further. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the November Volunteer of the Month award to Mary Murphy. He highlighted the following: ▪ Volunteer at the front desk of the FT Center ▪ Co-leader of the monthly book club at Elk River Senior Center ▪ Active in American Legion Auxiliary as Chaplain and Poppy Sale Chair ▪ Social club leader at Elk River Senior Center, planning dinner, game days, concerts, and plays ▪ Election judge in Wright County 7. PUBLIC HEARINGS 7.1 Resolution 25-67: Plat of Perkins Acres The staff report was presented. Mr. Carlton stated the current conditions in the staff report do not include a trail easement, but the Council could include one for a 10 or 20-foot easement. He reviewed the Trails Master Plan for this area, along with the topography and wetlands. He would recommend the trail be located along the north side of 196th Avenue, noting it could fit in the right-of-way without an easement being needed. Mayor Dietz opened the public hearing. Alan Perkins, 13937196th Avenue, stated he is representing his mom and is available for questions. Mayor Dietz closed the public hearing. Mayor Dietz questioned whether the staff's recommendation regarding the trail easement aligned with the Parks and Recreation Commission's recommendation. Mr. Carlton stated the commission makes a general blanket recommendation for a trail easement to be determined by staff and the Council. He stated that if the Council is okay with the trail in the right-of-way, an easement is not needed, but if the easement is wanted, it should be added as a condition. Councilmember Wagner asked about the purpose of requiring a cul-de-sac when this road only supports the two lots. Mr. Carlton explained public street infrastructure standards and the need for larger vehicles to turn around. Moved by Councilmember Wagner and seconded by Councilmember Grupa to adopt Resolution 25-67 approving the Plat of Perkins Acres, subject to the following conditions: 1. Staff approval of all civil plans supporting the construction of the public cul-de-sac. City Council Minutes November 17, 2025 --------- Page 4 of 11 2. The applicant must enter into a development contract with the city regarding the construction of the cul-de-sac. 3. Park Dedication Fee shall be paid for one new single-family parcel. Motion Carried 5-0. 7.2 Variance: Side Yard Setback, Tim St. Claire - 19072 Baldwin St NW The staff report was presented. Mayor Dietz opened the public hearing. Tim and Minda St.Claire, 19072 Baldwin Street, explained the child adoption requirements of the state for physical safety standards. Mr. St. Claire also discussed the condition of the current deck wood and how the railings don't meet the code. Mayor Dietz asked if the applicants could reconstruct their deck within its current footprint. Mr. Carlton stated yes. Councilmember Calva expressed empathy and understanding of the adoption process and requirements by the state, noting he went through a similar process. He stated he spoke to the adjacent owners and knows their thoughts on the request. Ms. St. Claire stated that the adjacent renters expressed that they have no concerns with the variance. Mayor Dietz closed the public hearing. Councilmember Wagner provided an update on the Planning Commission's recommendation. Moved by Councilmember Wagner and seconded by Councilmember Beyer to direct staff to draft a resolution making findings of fact, denying the side yard setback variance as the standards for approval are not met. 1. Not maintaining adequate separation between structures for safety, access, neighborhood consistency, and utility needs does not meet the general purpose and intent of the ordinance. 2. The property is guided for residential uses, which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. 3. Expanding the deck can also be accomplished without requiring a variance, but expanding the nonconformity is not necessary to allow reasonable use of the property. 4. The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks within the required setbacks. 5. Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. City Council Minutes November 17, 2025 --------- Page 5 of 11 Motion Carried 5-0. 7.3 Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW The staff report was presented. Mayor Dietz opened the public hearing. There being no one to speak to this matter, Mayor Dietz continued the public hearing to December 15, 2025. Moved by Councilmember Beyer and seconded by Councilmember Calva to continue the public hearing for this item to December 15, 2025. Motion Carried 5-0. 7.4 Ordinance Amendment: Reasonable Accommodation Appeal Process, City of Elk River The staff report was presented. Mayor Dietz opened the public hearing. There being no one to speak to this matter, Mayor Dietz continued the public hearing to January 20, 2026. Moved by Councilmember Grupa and seconded by Councilmember Calva to continue the public hearing to January 20, 2026. Motion Carried 5-0. 7.5 Ordinance 25-16: Adopt 2026 Master Fee Schedule Resolution 25-68: Summary Publication of Ordinance The staff report was presented. Mayor Dietz opened the public hearing. There being no one to speak to this matter, Mayor Dietz closed the public hearing. Councilmember Wagner asked for clarification on the rink glass fee and the new restaurant manager background check fee, which Mr. Stremcha explained that the original tempered rink glass will be sold as individual panes, instead of a bulk sale, which was very undervalued in the public auction. Ms. Allard stated that the new manager background investigation is outlined in the city code, but had not previously been charged a fee. The fee covers the staffing cost to do the background check when a restaurant or store changes general managers, which is required by law for the licensee. Moved by Councilmember Calva and seconded by Councilmember Beyer to adopt Ordinance 25-16 approving the 2026 Master Fee Schedule. Motion Carried 5-0. Moved by Councilmember Beyer and seconded by Councilmember Grupa to adopt Resolution 25-68 for summary publication of the ordinance. Motion Carried 5-0. 8. GENERAL BUSINESS 8.1 Tobacco Compliance Failures: Elk River Tobacco City Council Minutes November 17, 2025 --------- Page 6 of 11 Mr. Shepherd presented the staff report. He noted this was a license review hearing and discussed the laws regarding age compliance checks. He further detailed the failures of Mr. Husein's business, Elk River Tobacco. The hearing was opened, and Mr. Husein had an opportunity to comment. Shaher Husein stated he would be representing his father at this hearing. (Noman Husein was also in attendance) Mr. Shaher Husein stated that the fourth offense was outside the 24-month period, so they should be on their third violation. He stated this was only their third violation within 36 months. He stated they have had employee turnover, and they have set up different systems, and they have passed different inspections from the county and the state health department. He stated they have done everything they can to get their employees to cooperate with the rules. He stated they would like to appeal the revocation, pay the $1,000 penalty, and would be willing to do a seven-day suspension. Mayor Dietz questioned the city attorney about the discrepancy between the third and fourth violations. Mr. Shepherd outlined the dates of the failed age compliance checks as noted in the packet record, which were all within the 36-month time period. Mr. Shaher Husein submitted documentation that he stated supported passing age compliance tests. Police Juvenile Detective Sergeant Don Birdsall stated the police department partners with staff at Sherburne County Public Health to do the compliance checks, which resulted in these four violations. Mayor Dietz stated he has heard that Elk River Tobacco is well-known for selling products to underage citizens. Mr. Birdsall stated that, in between these compliance checks, the police department has received other complaints. He stated some have been documented, and that he personally received one call from a parent who caught their kid with a vape device, and they learned the kid was purchasing products from Elk River Tobacco. Mr. Birdsall explained how the compliance checks are not designed to trick anyone, and he also explained how the driver's license is vertical for anyone under the age of 21 versus horizontal for anyone else. He stated that if an employee is asking for ID, it should be very obvious. Mr. Birdsall also noted the employee never asked for identification in any of the compliance checks. Councilmember Beyer asked if the employee was the same person in every case. Mr. Birdsall stated they were all different. Mayor Dietz asked Mr. Shepherd if he had any recommendations, noting that if the Council decides to suspend the license, he would recommend it be longer than seven days. Mr. Birdsall questioned who the owner of Elk River Tobacco is. Mr. Shaher noted that it is his father, Noman Husein. Mr. Birdsall noted that one of the compliance check failures was done by Noman Husein. Councilmember Calva asked how many times Elk River Tobacco passed compliance checks. Mr. Shaher Husein stated they have tests from the health department and was unsure. Mr. Shepherd confirmed they did pass a check in 2023. Councilmember Grupa questioned which establishments get checked. Mr. Birdsall stated that they go to every business each year. Mr. Shepherd noted two of the documents submitted by Elk River Tobacco are state health department City Council Minutes November 17, 2025 --------- Page 7 of 11 inspections and are unrelated to age compliance checks. Councilmember Calva asked if the license was to be revoked if Mr. Husein would have an opportunity to apply again in the future. Mr. Allard noted how one city allowed for application after one year. Councilmember Calva stated he is pro-business but believes businesses also need to play by the rules. He noted that if you ask for the driver's license, you can tell if a person is under the age of 21, and that this business is not even asking for identification. Councilmember Calva noted the owner failed once, and there's also an employee training issue. Mr. Sharer Husein stated they enforce it with their employees, but after they enforce it, not much is in their hands. Councilmember Calva stated he is not hearing the ownership taking responsibility, so he can't support a second chance on this matter. Councilmember Wagner questioned whether every employee is required to have training, similar to liquor compliance. Staff noted no. Moved by Councilmember Calva and seconded by Councilmember Beyer to direct staff to prepare a resolution with findings of fact for the next Council meeting revoking the tobacco license for Elk River Tobacco, LLC. Motion Carried 5-0. 8.2 Concept Plans: Elk River Water Tower Historic Site The staff report was presented. Mr. Carlton introduced Ms. Sandy Meulners-Comstock from the Mend Collaborative. Ms. Meulners-Comstock discussed the historic site concept plan as outlined in her presentation in the packet record. Mayor Dietz asked who would have the responsibility to apply for grant funding. Mr. Carlton stated it would be the staff, along with the Heritage Preservation Commission, and noted they are currently working on one opportunity. Councilmember Wagner suggested staff also add the Central Minnesota Arts Board as a grant resource. Councilmember Calva stated he met with the surrounding neighbors, who all expressed how much they liked the concept plans. The Council noted the nice work done by the committee and thanked them for their work on this project. Heritage Preservation Commissioner Gavin Tuckey noted it was three years ago today when he interviewed and joined the Commission. He stated he is a licensed 5th-grade teacher, and he was motivated by the engagement he saw with the kids, who were excited to participate. Moved by Councilmember Calva and seconded by Councilmember Grupa to accept the plans for the Elk River Water Tower Historic Site. Motion Carried 5-0. 9. MOTION TO ADJOURN REGULAR MEETING City Council Minutes November 17, 2025 --------- Page 8 of 11 Councilmember Wagner questioned why the tobacco industry is not more like the liquor industry in reference to mandated age compliance training. Ms. Allard stated the city could add language to the city code requiring mandatory training. Councilmember Wagner highlighted the tree lighting ceremony scheduled for Thursday evening. Mr. Portner recognized Ms. Allard's retirement and highlighted her 27 years of service to the city. The Council thanked Ms. Allard for her work. Moved by Councilmember Beyer and seconded by Councilmember Wagner to adjourn the meeting of City Council. Motion Carried 5-0. The meeting adjourned at 8:04 pm 10. WORK SESSION The work session was called to order at 8:09 p.m. 10.1 Capital Improvement Plan 2026-2030 Mr. Stremcha presented the staff report. The Council expressed the following: ▪ Mayor Dietz questioned the need to do both the Overlook Rooftop Lounge and the extension of the parking lot at the community center. Mr. Stremcha stated the purpose of the rooftop lounge would be to capture more revenue from increased food and liquor sales and to offer a unique feature of a dining rooftop not currently in the city. It would help enhance the user experience of the facility and be used for event rental space. Councilmember Wagner stated she'd like the community center to pay for its own upgrades. The Council concurred with keeping the parking lot extension this year and utilizing an intergovernmental fund loan and not doing the rooftop lounge. ▪ Hesitant to spend $1 million on the Dave Anderson Athletic Complex, if there is future potential, it will be sold as part of a possible fairgrounds development project. ▪ Chief Kuhnly explained the red dot tool for improving gun accuracy. Mr. Portner suggested this could possibly be purchased with 2025 year-end surplus funds. ▪ Fire department requests need more discussion, noting that there are a lot of requests. ▪ Question about whether to update Highland Park. Mr. Stremcha stated that this is currently being analyzed by the Parks and Recreation Commission. ▪ Questioned the types of vehicles driven by staff and if there are other alternatives. Mr. Portner stated a fleet policy is currently being drafted for future consideration. 10.2 Energy Management Solutions - Solar on Public Buildings The staff report was presented. He discussed the state and federal payout for these grants. He mentioned that staff is currently evaluating sites to consider for this program. He also noted a deadline of December 1 to submit any grants. Mr. Stremcha introduced Gary Swanson with Energy Management Solutions. City Council Minutes November 17, 2025 --------- Page 9 of 11 The Council expressed the following comments: ▪ How long will the panels last on a roof? ▪ Will the project pay for itself? ▪ Are there annual maintenance costs? ▪ Is someone monitoring the system, or is it self-sustaining? ▪ Can the state/federal government change its mind on reimbursement after we have already spent the funds and completed the project? ▪ Concerned about the tight timeline, the Council has to decide without having the time to do more research on these questions. The Council consensus was not to proceed further on this due to the concerns outlined here. 10.3 Municipal Cannabis Retail Discussion Councilmember Calva asked to have a discussion about the city owning a municipal cannabis retail operation and being in this type of business. He is against it and has talked to people in the community who do not think it is a good idea. He would be a no vote on any future discussions. He has been sober for 35 years and feels he would be dishonoring all the people he knows who struggle with addiction by being a proponent in any way for cannabis. He questioned whether this is the type of city the City Council wants to see. He couldn't find a lot of people who want the city to be in the liquor/cannabis business and asked if we are going a step too far. Councilmember Grupa stated he has mixed feelings about it as well. He understands people have addictions, but it comes down to being able to make a choice similar to the sale of guns and liquor. He stated it is a chance for the city to bring in revenue, which is a good thing. He also believes in allowing medical cannabis. Councilmember Beyer stated he has not been completely on board with cannabis, noting the State of Minnesota is making licensure a requirement in every city. He would rather say no to every cannabis business. He is looking for small things to make it better, such as the logo design. He has heard from a lot of people that they don't want any of it here, but also noted it may just be the people they each know and hang out with versus other people who would not have any issues with it. Councilmember Wagner stated she doesn't recall anyone being against cannabis, but she also hasn't talked about it a lot in everyday conversations. She is not fully convinced it will be a massive moneymaker. Her biggest frustration is with how the state is operating with cannabis. She stated there are some reasons for the city to own and operate a store, such as responsible oversight and knowing a clean product will be sold. She will continue to support Cannabound. She stated it could be a potentially good revenue source for the city. Mayor Dietz stated he first thought it would be good for revenue, but staff says the operation may not generate revenue for two years. He questioned why the city needs to do this now and suggested waiting five years. He has had a lot of people say they don't want it. He feels cannabis and liquor are two different things and that most people using cannabis get higher than a kite, whereas liquor is used more socially. He is withdrawing his support of a city-owned cannabis store, feeling the city would be taking a risk by being at the forefront of selling cannabis. He expressed concerns about a private City Council Minutes November 17, 2025 --------- Page 10 of 11 business selling products at a lower price. Mr. Stremcha stated that getting ahead of the market would help establish a competitive edge. He also stated product costs would not be higher because they would have to compete with other businesses. Councilmember Wagner stated that people have a fear of something they don't know and of the stereotypical perceptions from the past. She stated cannabis is not about smoking a joint; it's about understanding the different levels of potency and uses, and some people want to get away from using liquor and its effects. Councilmember Calva stated the issue for him is saying yes to it and putting his name behind it. He stated that the money the city needs will come from somewhere else. He also expressed concern that a staff person was hired for a cannabis manager role, and it weighs on him. The Council consensus was to continue this topic until the December 1, 2025, Council meeting. 11. MOTION TO ADJOURN Moved by Councilmember Grupa and seconded by Councilmember Calva to adjourn the meeting of City Council. Motion Carried 5-0. The meeting adjourned at 9:24 p.m. 12. CLOSED MEETING - LELS #231 COLLECTIVE BARGAINING AGREMENT The meeting was called to order at 9:26 p.m. 12.1 Statement to be read by the Mayor: "The City Council will be closing the meeting pursuant to MN Statute Section 13D.03, Subdivision 1(b). The Council will discuss the city's labor negotiation strategy related to the city's negotiations with the Collective Bargaining Agreement, LELS 231." Mayor Dietz read the statement noted above. 12.2 Motion Calling Closed Meeting The meeting was called to order. 12.3 Hold Closed Meeting The closed meeting was held. 12.4 Motion to Adjourn Closed Meeting Moved by Councilmember Wagner and seconded by Councilmember Grupa to adjourn the meeting of City Council. Motion Carried 5-0. The meeting adjourned at 10:00 p.m. Minutes prepared by City Clerk Tina Allard. City Council Minutes November 17, 2025 --------- Page 11 of 11 13. INFORMATION 13.1 Investment Report - 3rd quarter 13.2 October Financial Reports ___________________ __________________ John J. Dietz, Mayor ___________________ Tina Allard, City Clerk The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.1 Meeting Date November 17, 2025 Prepared By Amy Stangler, Accounting Clerk Item Description Check Register Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard Action Requested Approve, by motion, the check registers for the period ending November 17, 2025. Background/Discussion The details for the period ending November 17, 2025, are attached to this request for action. Total for All Funds $1,483,671.46 Financial Impact N/A Mission/Policy/Goal N/A Attachments 1. 4.2 at1 Check Register 2. 4.2 at2 Check Register Page 4 of 379 Page 5 of 379 Page 6 of 379 Page 7 of 379 Page 8 of 379 Page 9 of 379 Page 10 of 379 Page 11 of 379 Page 12 of 379 Page 13 of 379 Page 14 of 379 Page 15 of 379 Page 16 of 379 Page 17 of 379 Page 18 of 379 Page 19 of 379 Page 20 of 379 Page 21 of 379 Page 22 of 379 Page 23 of 379 Page 24 of 379 Page 25 of 379 Page 26 of 379 Page 27 of 379 Page 28 of 379 Page 29 of 379 Page 30 of 379 Page 31 of 379 Page 32 of 379 Page 33 of 379 Page 34 of 379 Page 35 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.2 Meeting Date November 17, 2025 Prepared By Ryan Sandhoefner, Engineering Project Manager Item Description Resolution 25-65: Local Road Improvement Program (LRIP) Application for the 193rd Avenue/Evans Street Roundabout Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Adopt Resolution 25-65 approving the application of Local Road Improvement Program (LRIP) funding for a roundabout project located at 193rd Ave/Evans St. Background/Discussion In previous discussions, staff and the City Council identified operational deficiencies at this intersection that require improvements beyond signage adjustments. Staff have begun the initial stages of roundabout planning and aim to supplement costs with a grant opportunity through the Local Road Improvement Program (LRIP). If successful in securing partial funding through LRIP, it will be used to offset our local dollar investment. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. LRIP Resolution - 193rd Evans Page 36 of 379 City of Elk River City Council Resolution 25-65 A Resolution of the City Council of the City of Elk River Local Road Improvement Program (LRIP) Application for the 193rd Avenue/Dodge Street Roundabout WHEREAS, the intersection of 193rd Avenue NW (MSAS 104) and Evans Street NW (MSAS 154) is planned for roundabout improvements to address operational deficiencies and improve multi-modal transportation. WHEREAS, $47 million in LRIP funding is available, with a cap of $1.5 million for each project. WHEREAS, LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above the LRIP selection amount will need to have alternate funding sources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. City Council supports the construction project and agrees to maintain such improvements. 2. City Council supports submittal of the LRIP application. 3. The City provides assurance that Elk River will pay all costs associated with the project beyond the LRIP grant selection amount. Passed and adopted this _____ day of _______ 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 37 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.3 Meeting Date November 17, 2025 Prepared By Ryan Sandhoefner, Engineering Project Manager Item Description Resolution 25-66: Local Road Improvement Program (LRIP) Application for the Downtown Reconstruction Project Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Adopt Resolution 25-66 approving the application of Local Road Improvement Program (LRIP) funding for the Downtown Reconstruction Project. Background/Discussion As part of the recently approved Downtown Master Plan, streets and parking lots in the downtown area were scoped as short-term improvements. Staff have begun the initial stages of planning and aim to supplement costs with a grant opportunity through the Local Road Improvement Program (LRIP). If successful in securing partial funding through LRIP, it will be used to offset our local dollar investment. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. LRIP Resolution - Downtown Page 38 of 379 City of Elk River City Council Resolution 25-66 A Resolution of the City Council of the City of Elk River Local Road Improvement Program (LRIP) Application for the Downtown Reconstruction Project WHEREAS, downtown Elk River is planned for improvements to Main Street (MSAS 113) and Jackson Avenue (MSAS 104). WHEREAS, $47 million in LRIP funding is available, with a cap of $1.5 million for each project. WHEREAS, LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above the LRIP selection amount will need to have alternate funding sources. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. City Council supports the construction project and agrees to maintain such improvements. 2. City Council supports submittal of the LRIP application. 3. The City provides assurance that Elk River will pay all costs associated with the project beyond the LRIP grant selection amount. Passed and adopted this _____ day of _______ 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 39 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.4 Meeting Date November 17, 2025 Prepared By Lori Stich, Finance Manager Item Description Resolutions 25-69 Certifying Unpaid Sewer and Resolution 25-70 Certifying Stormwater Utility Services Reviewed by Joe Stremcha Cal Portner Tina Allard Action Requested Adopt, by motion, resolutions certifying the following: • Resolution 25-69 Certifying Unpaid Sewer Utility Services • Resolution 25-70 Certifying Unpaid Stormwater Utility Services Background/Discussion Section 78-191 of the city code authorizes the city to certify unpaid sewer charges as of September 30 against the property. Section 78-419 of the city code authorizes the city to certify unpaid stormwater utility fees against the property. All property owners with delinquent utility fees have received notice informing them that the unpaid fees would be certified against the property unless the account is brought current. The delinquent utility certification lists are attached: Sewer - $4,784.30 and Stormwater - $294.28. The total for 2025 is $5,078.58. The total in 2024 was $3,133.55. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. Sewer Resolution & Properties 2. Stormwater Resolution & Properties Page 40 of 379 City of Elk River City Council Resolution 25-69 A Resolution of the City Council of the City of Elk River Certifying Amounts for Unpaid Sewer Service WHEREAS, Minnesota Statutes Section 444.075 authorizes the city to annually certify an amount equal to such unpaid cost for sewer services as of September 30 of each year to the property; and WHEREAS, the city ordinance Section 78-191 authorizes the city to certify against property an amount for sewer services equal to the unpaid charges as of September 30; and WHEREAS, all customers and property owners with delinquent balances have been given adequate notice of this pending certification and have been given opportunities to pay prior to this certification; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The parcels and amounts listed in attached Exhibit A are correct and made a part hereof, and are to be certified to the Sherburne County Auditor. Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 41 of 379 EXHIBIT A 2025 Delinquent Sewer (Payable 2026) Service Address Property ID Sewer 814 PROCTOR AVE NW 75-00133-1100 377.44 1175 SCHOOL ST NW 75-00133-1115 122.61 429 LINE AVE NW 75-00134-4116 31.14 600 RAILROAD DR NW 75-00405-1150 568.80 1027 4TH ST NW 75-00408-0125 35.27 1111 4TH ST NW UPSTAIRS 75-00408-0540 115.34 620 6TH ST NW 75-00412-0205 39.10 212 XENIA AVE NW 75-00413-0820 39.10 314 BALDWIN AVE NW 75-00423-0090 57.28 374 BALDWIN AVE NW 75-00423-0150 83.42 384 BALDWIN AVE NW 75-00423-0160 179.95 18938 ZUMBRO ST NW 75-00465-0110 294.87 12950 MEADOWVALE RD NW 75-00465-0410 44.20 18257 DENVER ST NW 75-00491-0530 83.40 18736 ALBANY ST NW 75-00493-0160 50.74 11160 191ST AVE NW 75-00516-0475 31.14 11036 192ND CT NW 75-00516-0545 35.27 11139 190TH AV E NW 75-00522-0342 27.73 11160 190TH AV E NW 75-00522-0410 31.14 70 6 1/2 ST NW 75-00530-0145 183.35 1705 TIPTON CIR NW 75-00535-0330 70.34 17931 GARY ST NW 75-00546-0230 83.41 11454 190TH LN NW 75-00548-0420 72.07 13104 192 1/2 CT NW 75-00573-0148 39.10 11085 196TH AV E NW 75-00589-0340 37.67 11086 196TH LN NW 75-00604-0350 57.27 17915 MACON ST NW 75-00609-0225 37.12 19646 ZANE CT NW 75-00617-0255 57.28 18537 PASCAL DR NW 75-00623-0106 102.13 18610 QUEEN ST NW 75-00623-0502 94.10 18327 TYLER ST NW 75-00647-0220 31.14 12434 193RD LN NW 75-00650-0310 44.21 11121 195TH CIR NW 75-00658-0125 103.09 11049 192ND CIR NW 75-00708-0305 39.10 18584 SMITH ST NW 75-00723-0304 116.08 18830 SMITH DR NW 75-00735-0230 31.14 10825 185TH CT NW 75-00746-0146 548.75 10113 192ND LN NW 75-00761-0130 109.54 19112 IVANHOE DR NW 75-00761-0440 44.21 9961 190TH AVE NW 75-00866-0355 57.28 19092 JOHNSON ST NW 75-00866-0705 70.34 10049 189TH AV E NW 75-00869-0512 50.74 9833 187TH LN NW 75-00890-0245 81.62 18731 EDISON ST NW 75-00890-0375 37.67 18575 SALEM ST NW 75-00901-0140 73.20 18602 SALEM ST NW 75-00901-0260 39.10 18811 FILLMORE ST NW 75-00905-0245 70.34 10812 190TH LN NW 75-00908-0115 39.10 10793 190TH LN NW 75-00908-0210 37.67 10135 TWIN LAKES PKWY NW 75-00920-0350 39.10 10125 TWIN LAKES PKWY NW 75-00920-0355 39.10 4,784.30Grand Total Page 42 of 379 City of Elk River City Council Resolution 25-70 A Resolution of the City Council of the City of Elk River Certifying Amounts for Unpaid Stormwater Utility Fees WHEREAS, Minnesota Statutes Section 443.015 authorizes the city to annually certify an amount equal to such unpaid cost for stormwater utility fees as of September 30 against the property; and WHEREAS, the city ordinance Section 78-419 authorizes the city to certify against property an amount for stormwater utility fees equal to the unpaid charges as of September 30; and WHEREAS, all customers and property owners with delinquent balances as of September 30, 2025, have been given adequate notice of this pending certification and have been given opportunities to pay prior to this certification; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The parcels and amounts listed in attached Exhibit B are correct and made a part hereof, and are to be certified to the Sherburne County Auditor. Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 43 of 379 EXHIBIT B 2025 Delinquent Stormwater (Payable 2026) Se rvice Address Prope rty ID Stormwater 814 PROCTOR AV E NW 75-00133-1100 34.50 384 BALDWIN AV E NW 75-00423-0160 30.83 18784 YANKTON ST NW 75-00463-0030 39.32 18692 YANKTON ST NW 75-00463-0150 37.11 70 6 1/2 ST NW 75-00530-0145 29.01 11800 196TH AV E NW 75-00872-0120 123.51 294.28Grand Total Page 44 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.5 Meeting Date November 17, 2025 Prepared By Lori Stich, Finance Manager Item Description Resolution 25-71 Certifying Unpaid Water and Resolution 25-72 Certifying Electric Utility Services Reviewed by Joe Stremcha Cal Portner Tina Allard Action Requested Adopt, by motion, resolutions certifying the following: ▪ Resolution 25-71 Certifying Unpaid Water Utility Services ▪ Resolution 25-72 Certifying Unpaid Electric Service Background/Discussion Section 78-43 of the city ordinance authorizes the city to certify against property for any unpaid water utility fees as of September 30. Section 78-332 of the city ordinance authorizes the city to certify property for any unpaid electric service fees 30 days past due. All property owners with delinquent utility fees have received a notice informing them of the certification, unless the account has been brought current. Attached are the lists of properties with delinquent utilities: water - $5,246.03 and Electric - $18,958.10. The total for 2025 is $24,204.13. The total in 2024 was $10,374.66. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. Water Resolution & Properties 2. Electric Resolution & Properties Page 45 of 379 Page 46 of 379 City of Elk River City Council Resolution 25-71 A Resolution of the City Council of the City of Elk River Certifying Amounts for Unpaid Water Utility Services WHEREAS, Minnesota Statutes Section 444.075 authorizes the city to certify an amount equal to such unpaid charges for water utility services as of September 30 each year; and WHEREAS, the city ordinance Section 78-43 authorizes the city to certify against property an amount for water utility services equal to the unpaid charges as of September 30; and WHEREAS, all customers and property owners with delinquent balances have been given adequate notice of this pending certification and have been given opportunities to pay prior to the certification; and WHEREAS, state law does not require a public hearing or notice before levying such assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The parcels and amounts listed in attached Exhibit A are correct and made a part hereof, and are to be certified to the Sherburne County Auditor. Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 47 of 379 EXHIBIT A 2025 Delinquent Water (Payable 2026) Service Address Property ID Water 814 PROCTOR AVE NW 75-00133-1100 600.65 1175 SCHOOL ST NW 75-00133-1115 185.14 429 LINE AVE NW 75-00134-4116 40.45 600 RAILROAD DR NW 75-00405-1150 396.67 1027 4TH ST NW 75-00408-0125 56.68 1111 4TH ST NW UPSTAIRS 75-00408-0540 85.80 351 LINE AVE NW 75-00423-0050 77.83 314 BALDWIN AVE NW 75-00423-0090 102.55 374 BALDWIN AVE NW 75-00423-0150 69.65 544 AUBURN PL NW APT A 75-00441-0140 20.74 623 JEFFERSON LN NW 75-00446-0202 29.72 18938 ZUMBRO ST NW 75-00465-0110 152.91 12950 MEADOWVALE RD NW 75-00465-0410 31.96 18257 DENVER ST NW 75-00491-0530 47.70 18736 ALBANY ST NW 75-00493-0160 60.47 11160 191ST AVE NW 75-00516-0475 25.23 11036 192ND CT NW 75-00516-0545 38.73 11139 190TH AVE NW 75-00522-0342 23.28 11160 190TH AVE NW 75-00522-0410 40.45 70 6 1/2 ST NW 75-00530-0145 75.92 1705 TIPTON CIR NW 75-00535-0330 163.89 17931 GARY ST NW 75-00546-0230 79.05 11454 190TH LN NW 75-00548-0420 27.13 13104 192 1/2 CT NW 75-00573-0148 97.43 11085 196TH AVE NW 75-00589-0340 25.23 11086 196TH LN NW 75-00604-0350 93.54 17915 MACON ST NW 75-00609-0225 22.98 19646 ZANE CT NW 75-00617-0255 45.46 18537 PASCAL DR NW 75-00623-0106 216.51 18610 QUEEN ST NW 75-00623-0502 49.69 18327 TYLER ST NW 75-00647-0220 143.63 12434 193RD LN NW 75-00650-0310 11.00 11121 195TH CIR NW 75-00658-0125 18.44 17588 GRANT ST NW 75-00691-0626 111.29 11049 192ND CIR NW 75-00708-0305 143.63 18584 SMITH ST NW 75-00723-0304 78.95 18830 SMITH DR NW 75-00735-0230 27.47 10825 185TH CT NW 75-00746-0146 44.46 10021 179TH AVE NW 75-00756-0196 77.83 10113 192ND LN NW 75-00761-0130 69.66 19112 IVANHOE DR NW 75-00761-0440 27.47 10726 190TH AVE NW 75-00768-0505 25.23 19141 JOHNSON ST NW 75-00839-0225 115.91 10034 190TH AVE NW 75-00847-0425 48.46 19064 IVANHOE ST NW 75-00848-0502 157.49 9961 190TH AVE NW 75-00866-0355 38.73 19013 JOHNSON ST NW 75-00866-0520 97.43 10179 189TH AVE NW 75-00866-0530 27.47 19092 JOHNSON ST NW 75-00866-0705 168.00 10049 189TH AVE NW 75-00869-0512 69.72 14031 185TH AVE NW UNIT B 75-00871-0105 15.74 18603 OGDEN ST NW 75-00884-0305 88.19 9833 187TH LN NW 75-00890-0245 49.97 18731 EDISON ST NW 75-00890-0375 152.88 18575 SALEM ST NW 75-00901-0140 66.93 18602 SALEM ST NW 75-00901-0260 40.45 18811 FILLMORE ST NW 75-00905-0245 148.28 10812 190TH LN NW 75-00908-0115 31.96 10793 190TH LN NW 75-00908-0210 27.47 18731 IVANHOE ST NW 75-00920-0335 68.28 10135 TWIN LAKES PKWY NW 75-00920-0350 40.45 10125 TWIN LAKES PKWY NW 75-00920-0355 29.72 5,246.03Grand Total Page 48 of 379 City of Elk River City Council Resolution 25-72 A Resolution of the City Council of the City of Elk River Certifying Amounts for Unpaid Electric Service WHEREAS, Minnesota Statutes Section 366.012 authorizes the city to certify unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected; and WHEREAS, the city ordinance Section 78-332 authorizes the city to certify against property an amount for electric service fees equal to the unpaid charges 30 days past due; and WHEREAS, all customers and property owners with unpaid balances 30 days past due have been given adequate notice of this pending certification and have been given opportunities to pay prior to the certification; and WHEREAS, state law does not require a public hearing or notice before levying such assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The parcels and amounts listed in attached Exhibit B are correct and made a part hereof, and are to be certified to the Sherburne County Auditor. Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 49 of 379 EXHIBIT B 2025 Delinquent Electric (Payable 2026) Service Address Property ID Electric 9850 221ST AVE NW 75-00112-1206 282.96 19684 TWIN LAKES RD NW 75-00125-2110 373.59 19262 OGDEN ST NW 75-00130-4106 342.07 13690 186TH AVE NW 75-00131-1460 168.30 814 PROCTOR AVE NW 75-00133-1100 342.33 1175 SCHOOL ST NW 75-00133-1115 275.05 429 LINE AVE NW 75-00134-4116 46.72 600 RAILROAD DR NW 75-00405-1150 637.82 1027 4TH ST NW 75-00408-0125 246.88 620 6TH ST NW 75-00412-0205 152.33 212 XENIA AVE NW 75-00413-0820 85.42 351 LINE AVE NW 75-00423-0050 69.62 314 BALDWIN AVE NW 75-00423-0090 671.76 374 BALDWIN AVE NW 75-00423-0150 529.45 384 BALDWIN AVE NW 75-00423-0160 37.24 19336 OXFORD ST NW 75-00428-0206 64.30 544 AUBURN PL NW APT A 75-00441-0140 425.20 18938 ZUMBRO ST NW 75-00465-0110 205.53 12950 MEADOWVALE RD NW 75-00465-0410 83.25 13427 190TH AVE NW 75-00482-0115 212.22 18257 DENVER ST NW 75-00491-0530 307.64 12925 RANCH RD NW 75-00497-0105 10.94 13899 200TH AVE NW 75-00502-0315 82.96 19191 KENT ST NW 75-00506-0290 357.45 20211 AUBURN ST NW 75-00508-0235 104.73 20023 ZANE ST NW 75-00510-0425 464.55 11160 191ST AVE NW 75-00516-0475 327.83 11036 192ND CT NW 75-00516-0545 424.06 11139 190TH AVE NW 75-00522-0342 8.96 11160 190TH AVE NW 75-00522-0410 203.05 70 6 1/2 ST NW 75-00530-0145 256.67 1705 TIPTON CIR NW 75-00535-0330 1,030.47 17931 GARY ST NW 75-00546-0230 10.94 11478 190TH LN NW 75-00559-0115 10.94 13104 192 1/2 CT NW 75-00573-0148 15.92 11085 196TH AVE NW 75-00589-0340 308.82 17915 MACON ST NW 75-00609-0225 345.41 19646 ZANE CT NW 75-00617-0255 432.53 18327 TYLER ST NW 75-00647-0220 330.38 12434 193RD LN NW 75-00650-0310 10.94 10936 181ST LN NW 75-00655-0008 177.96 17588 GRANT ST NW 75-00691-0626 234.10 10955 178TH AVE NW 75-00710-0047 58.64 17833 TYLER DR NW 75-00710-0085 40.11 10445 207TH CIR NW 75-00715-0120 163.34 18584 SMITH ST NW 75-00723-0304 361.97 18830 SMITH DR NW 75-00735-0230 503.20 10825 185TH CT NW 75-00746-0146 335.55 10021 179TH AVE NW 75-00756-0196 128.59 10113 192ND LN NW 75-00761-0130 208.16 19112 IVANHOE DR NW 75-00761-0440 130.04 10726 190TH AVE NW 75-00768-0505 16.51 22246 MEADOWVALE RD NW 75-00792-0120 426.72 19171 JOHNSON ST NW 75-00839-0210 10.94 19141 JOHNSON ST NW 75-00839-0225 69.52 10034 190TH AVE NW 75-00847-0425 162.17 19064 IVANHOE ST NW 75-00848-0502 277.30 19019 FILLMORE ST NW 75-00866-0215 10.94 9961 190TH AVE NW 75-00866-0355 344.67 19013 JOHNSON ST NW 75-00866-0520 10.94 10179 189TH AVE NW 75-00866-0530 209.61 19092 JOHNSON ST NW 75-00866-0705 1,365.28 10049 189TH AVE NW 75-00869-0512 317.85 19575 LOWELL ST NW 75-00872-0105 25.50 11800 196TH AVE NW 75-00872-0120 632.68 18530 OGDEN ST NW 75-00884-0220 10.94 18603 OGDEN ST NW 75-00884-0305 202.31 9833 187TH LN NW 75-00890-0245 33.06 18731 EDISON ST NW 75-00890-0375 317.47 18811 FILLMORE ST NW 75-00905-0245 420.35 10793 190TH LN NW 75-00908-0210 486.48 18731 IVANHOE ST NW 75-00920-0335 10.94 10135 TWIN LAKES PKWY NW 75-00920-0350 712.73 10125 TWIN LAKES PKWY NW 75-00920-0355 244.30 18,958.10Grand Total Page 50 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.6 Meeting Date November 17, 2025 Prepared By Lauren Wipper, Human Resources Manager Item Description Community Service Officer 1 (CSOI) Employment Agreement Template Reviewed by Cal Portner Tina Allard Action Requested Approve, by motion, the Community Service Officer I Employment Agreement. Background/Discussion Chief Kuhnly presented the updated Community Service Officer I Employment Agreement for discussion with the City Council at the November 3, 2025, Work Session. The Community Service Officer I (CSOI) position is designed for students in a law enforcement degree program to provide law enforcement experience. Because of the limited tenure of this position, an Employment Agreement is necessary. Some of the CSO I candidates that we have had in the past have become excellent City of Elk River Police Officers. To encourage strong officer candidates to continue working for Elk River after graduation, we've added a tuition reimbursement component to the CSOI Employment Agreement. Financial Impact There is no financial impact for 2025 or 2026. Funds will be budgeted in future years to cover this expense. Mission/Policy/Goal The Elk River Mission Statement. Attachments 1. CSO I Employment Agreement Page 51 of 379 13065 Orono Parkway Elk River, MN 55330 Phone: 763.635.1000 www.ElkRiverMN.gov Employment Agreement Part-time Community Service Officer I The part-time Community Service Officer I (CSO I) position is classified as a temporary, part-time position and is not eligible for city health insurance or other benefits not provided by state law. This position does receive paid time off benefits as a regularly scheduled part-time employee. The CSO I position is a non-union position intended to provide police department experience and mentorship while the employee is actively and successfully enrolled in an eligible degree program culminating in Minnesota Police Officer Standards and Testing (POST) licensure as a peace officer. The City of Elk River intends to assist and encourage the progression of eligible employees through tuition reimbursement under the following conditions. 1. Employment is for a defined, limited period as indicated: a. The CSO I employment period is limited to three (3) years. b. An extension may be considered at the chief’s discretion. Consideration will be based on unforeseen or uncontrollable situations for an employee performing at or above department and city expectations. c. The employee is responsible for communicating schedule conflicts and degree program requirements with their supervisor. d. The employee serving as a CSO I is expected to be actively working toward a degree in law enforcement and POST Board police officer eligibility. e. Continued employment requires that the employee remain in good standing. Good standing is defined as: i. Meets performance standards. ii. Follows department and city policies. iii. Maintains good attendance. iv. Exhibits professional conduct. v. Has no disciplinary issues. Page 52 of 379 2. CSO I Tuition Reimbursement a. CSO I is eligible for tuition reimbursement up to $6,000.00 not to exceed 75% of the total cost of tuition, excluding scholarships and grants. Books, activity fees, technology fees, and other non-tuition charges do not qualify for reimbursement. b. Tuition reimbursement is provided in two payments up to $3,000.00 under the following conditions: i. CSO I becomes a sworn police officer with the City of Elk River. ii. Employment is concurrent from CSO I employment to police officer. iii. The employee shall be employed as CSO I for a minimum of 12 months. iv. Successful completion of the degree program within the conditions listed above. v. The first payment will be paid when the employee has passed the POST licensing exam and has a start date to become a City of Elk River police officer. vi. The second payment will be paid after successful completion of the probationary period as a licensed police officer with the City of Elk River. vii. Conditions of this agreement precede labor union eligibility and therefore are not grievable under any circumstances. I have read and agree to the terms and conditions of employment as stated above. I understand that if these conditions are not met, it will result in termination of my employment with the City of Elk River. Printed Name Signature Date Page 53 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.7 Meeting Date November 17, 2025 Prepared By Zack Carlton, Community Development Director Item Description Development Contract Oakwater Ridge 1st Addition Reviewed by Cal Portner Tina Allard Action Requested Approve, by motion, the development contract for Oakwater Ridge, subject to the condition that all conditions of approval for the final plat of Oakwater Ridge have been satisfied. Background/Discussion The City Council approved the final plat for the first addition of the Oakwater Ridge Subdivision on November 3, 2025. One of the conditions of approval for the plat requires the developer to enter into a development contract with the city. The document outlines the costs and responsibilities of the developer, along with warranty and financial surety arrangements. The contract follows our general template, but the developer has asked for a change to the timing for building permits and certificates of occupancy issuance. Historically, the city has not issued building permits until all public improvements (streets, sidewalks, water, sewer, storm sewer, etc.) and private utilities (gas and electric) have been completed. This is done to ensure that new residents can move into a completed home as quickly as possible upon completion of construction and to ensure the public improvements are not damaged during construction. The contract provides an exception that allows half of the new lots (45 homes) to be eligible for a building permit prior to completion of the private utilities and sidewalk, and for those homes to be eligible for certificates of occupancy after private utilities have been completed, but prior to sidewalk work. Staff agreed to this exception for the first addition as a means to support the developer as they kick off the large subdivision. Future additions will follow our standard process for issuing building permits and certificates of occupancy. Financial Impact None Mission/Policy/Goal Support the growth and development of the community. Meet changing needs - agile. Page 54 of 379 Attachments 1. Location Map 2. Final Plat 3. Development Contract Page 55 of 379 Page 56 of 379 OAKWATER RIDGEPage 57 of 379 OAKWATER RIDGEMISSISSIPPI RIVER165TH AVENUE NW165TH AVENUE NW165TH AVENUE NWSTREE TWILSON ST. NWVANCEYALENNNN(see sheet 4of 12 sheets)INSET B(see sheet 3of 12 sheets)INSET A(see sheet 5of 12 sheets)INSET C(see sheet 6of 12 sheets)INSET D(see sheet7 of 12sheets)INSET ENW STR E E T WILSONULYSSESST. NWNW NW WILSONST. NWXAVIERSTREET NWXAVIERSTREETNWSTREETNW(see sheet8 of 12sheets)INSET F(see sheet9 of 12sheets)INSET G(see sheet 10of 12 sheets)INSET H(see sheet 11of 12 sheets)INSET I(see sheet 12of 12 sheets)INSET JULY S S E S STRE E T Page 58 of 379 OAKWATER RIDGEMATC H LI N E A (SEE S H E E T 6 O F 1 2 S H E E T S)AVENUEULYS S E S S T R E E T N W ULYSSES STREET NWINSET A165THNWMATCH LINE B(SEE SHEET 4 OF 12 SHEETS)VANCE STREETNWPage 59 of 379 OAKWATER RIDGENW INSET BULYSSESVANCEWILSON STREET NWSTREET STREET NW MATCH LINE B(SEE SHEET 3 OF 12 SHEETS)Page 60 of 379 OAKWATER RIDGEINSET CWILSONSTREETNWPage 61 of 379 OAKWATER RIDGEINSET DMATCH LINE A(SEE SHEET 3 OF 12 SHEETS)165THWILSON STREET NWSTREETNWW I L S O N S T R E E T N W MATCH LINE C(SEE SHEET 7 OF 12 SHEETS)Page 62 of 379 INSET EOAKWATER RIDGEMISSI S S I P P I R I V E R165TH AVENUE NWXAVIER STREET NWXAVIER STREET NWNWSTREETYALENWYALE STREETMATCH LINE C(SEE SHEET 6 OF 12 SHEETS)Page 63 of 379 OAKWATER RIDGEINSET FMISSISSIPP I R I V E R Page 64 of 379 OAKWATER RIDGEINSET GMISSISSIPPI RIVERPage 65 of 379 OAKWATER RIDGEINSET HPage 66 of 379 OAKWATER RIDGEINSET IMIS SI S SI P PI RI V E R Page 67 of 379 OAKWATER RIDGEINSET JPage 68 of 379 229446v1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) OAKWATER RIDGE CONTRACT dated October 20, 2025, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (“City”), and Oakwater Ridge Development, LLC (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Oakwater Ridge (referred to in this Contract as the "plat"). The land is situated in the County of Sherburne, State of Minnesota, and is legally described in Exhibit A. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within two years after the City Council approves the final plat. The plat is located within the Oakwater Ridge Planned Unit Development, and the development standards are in Elk River city ordinance, Section 30-1604. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have Page 69 of 379 229446v1 been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, 4) the plat has been filed with the Sherburne County Recorder or Registrar of Titles’ office, and 5) all required permits are secured and a copy filed with the City Engineer. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval for the final plat of an initial phase, thereafter, and within two years after each final plat for remaining phases. The City Council may extend the expiration of the preliminary plat upon receiving a written request from the developer. The extension will be at the discretion of the City Council and will be reviewed during the next available regular meeting. 6. CHANGES IN OFFICIAL CONTROLS. So long as the Preliminary Plat for Oakwater Ridge has not expired or terminated, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by Page 70 of 379 229446v1 state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The Subdivision shall be developed in accordance with the following plans (The Plans). The Plans shall not be attached to this Agreement. The City Engineer may approve minor amendments to Plan B as requested by Developer without City Council approval. If the Plans vary from the written terms of this Contract, the written terms shall control. The Plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan & SWPPP dated ______, 2025, last revised as of _______________, 2025. Plan C - Plans and Specifications for Public Improvements dated ______, 2025, last revised as of _______________, 2025. Plan D – Landscape Plan dated ______, 2025, last revised as of _______________, 2025. Plan E – Storm water Management Plan detailing long term ownership, maintenance schedules and procedures for all stormwater facilities as required by the City’s MS4 permit Plan F – Development Plan (requirements described in Exhibit B) 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System (public) B. Water System (public) C. Storm Sewer System (public) D. Streets (public) E. Concrete Curb and Gutter (public) Page 71 of 379 229446v1 F. Street Lights (public) G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control (public) H. Underground Utilities (private) I. Setting of Iron Monuments (private) J. Surveying and Staking (private) K. Sidewalks and Trails (public) L. Retaining Walls (private) M. Landscaping (private) The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 30-416 of the City Code concerning erosion and drainage and Section 46-39 prohibiting grading, construction activity, and the use of power equipment on Sundays and between the hours of 9 o’clock p.m. and 6 o’clock a.m. Monday through Saturday. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually Page 72 of 379 229446v1 agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Sherburne County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering and water appropriations H. Army Corps of Engineers for construction of sedimentation ponds I. City of Elk River for Building Permits J. MCES for Sanitary Sewer Connections K. City of Elk River for Retaining Walls 10. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. Page 73 of 379 229446v1 11. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2026, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th, the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. No street construction will be allowed after October 15 or prior to May 15 unless approved by the City Engineer. 12. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 13. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Page 74 of 379 229446v1 Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 14. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Elk River specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except six model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion Page 75 of 379 229446v1 control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. A certified as-built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. 15. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the public improvements lying within public easements shall become City property without further notice or action. No public improvements will be accepted prior to all disturbed areas of the site being fully vegetated and functioning in accordance with the approved construction and storm water management plans. 17. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. Developer shall reimburse the City for all the City’s costs and expenses incurred in the processing of the Subdivision and installation of Improvements, including review of plans and construction observation Page 76 of 379 229446v1 and in regard to any action or event of default by Developer, resulting in any suit or proceeding at law or in equity to which the City shall become a party in reference to the Developer’s interest in the Development. Reimbursement shall be due and payable to the City within thirty (30) days following the receipt of a statement, therefore. The Developer shall post a cash escrow in the amount of two and one- half percent (2.5%) of the estimated costs of the Public Improvements, outlined in Section 24. This escrow will be drawn from as the project progresses to cover the City’s ongoing costs and expenses relating to administration and construction observation of the Improvements. City administration will include, but is not limited to, supervision of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Construction observation shall include full, or part time inspection of all work associated with the Improvements. Based on experience it is estimated that an escrow of two and one-half percent (2.5%) shall be sufficient to cover the City-related expenses associated with the work. Delays, changes in work scope, contractor performance, etc. can all contribute to this amount not being sufficient. All City costs experienced in excess of the escrow are the responsibility of the Developer and shall be promptly reimbursed to the City. These costs will be billed directly to the Developer and become due per the terms stated in Section 27. Upon acceptance of all completed Improvements, as required by this agreement, any remaining balance of the cash escrow will be returned to the developer within 30 days. 18. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and public street construction is restricted to access the subdivision via the existing driveway at the intersection of 165th Ave NW and Highway 10. No construction traffic is permitted on the adjacent local streets. Page 77 of 379 229446v1 19. PARK DEDICATION. The Developer shall pay a cash contribution of $89,000.00 in satisfaction of the City’s park dedication requirements and in accordance with the City’s approval of the Planned unit Development Ordinance on April 7, 2025 . The charge was calculated as follows: 89 lots at $1,000 per lot = $ 89,000.00. Park dedication for the entire Oakwater Ridge Subdivision has been established through city approvals at $536,000. The approved plans include 536 single-family parcels, which equates to $1,000 per residential parcel. 20. WATER AVAILABILITY CHARGE. The Developer shall pay the Water Availability Charge identified in the City’s fee schedule at the time of Final Plat recording. The current amount is $ 34,710.00. The charge was calculated as follows: 89 lots at $390.00 per lot = $34,710.00. The Balance of the Water Availability Charges shall be paid with the building permit, by the permit applicant. 21. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard, as shown in the Landscape Plan (Plan D). Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The Landscape Plan trees must be a minimum deciduous tree size of two (2) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a certificate of occupancy is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may Page 78 of 379 229446v1 enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. 22. WETLAND MITIGATION. If the Developer proposes the filling of wetlands in connection with development of the Subdivision, final plat approval is contingent upon, and the final plat shall not be recorded until, receipt of necessary permits from appropriate regulatory agencies to fill wetlands as proposed by the Developer and approval by the Technical Evaluation Panel of the proposed mitigation plan for wetlands filling. If these permits are denied, or approval of the wetland permit and mitigation plan is subject to conditions which significantly impact the Subdivision, the final plat for the Subdivision shall be resubmitted to the City Council for consideration of changes required for the wetland approvals. The City shall receive a copy of the monitoring report annually for three years. 23. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Compliance with City Resolution No. 25 - 64 granting final plat approval and the conditions stated therein. Page 79 of 379 229446v1 B. Prior to releasing the Final Plat for recording, the Developer shall convey Outlots A, C , and O to the City by warranty deed, free and clear of any and all encumbrances. C. The developer shall convey Outlots B, D, and P by warranty deed, free and clear of any and all encumbrances, to the HOA upon establishment. D. The developer shall convey Outlots containing stormwater ponds (outlots J, M, and T) with future development additions, and after the public improvements conveying stormwater to these facilities are secured with future sureties. E. The developer shall establish a Homeowners Association (HOA) to manage the maintenance of all common areas within the development. F. The Developer shall coordinate the relocation or modification of overhead power lines and poles with Elk River Municipal Utilities (ERMU). G. All requirements of the agreement to reimburse development-related costs entered into between the City and Developer regarding the improvements to the intersection of Highway 10 and 165th Ave NW remain in effect. This contract does not replace any requirements or agreements described in city agreement 2025-16. H. The Developer shall install a temporary turnaround at the ends of Ulysses, Vance, and Yale Streets until they are extended with subsequent phases of the Oakwater Ridge development. The temporary turnarounds must be paved and signed “FUTURE STREET EXTENSION” within one year of construction unless the roadway is extended. Before the City signs the final plat, the Developer shall furnish the City an appropriately executed public temporary turnaround easement, in recordable form. I. Prior to releasing the Final Plat for recording, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and Page 80 of 379 229446v1 marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post $ 10,700 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 89 lots and 18 outlots at $100.00 per lot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certificate that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. J. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City/Elk River Municipal Utilities. Street lights shall be installed by Elk River Municipal Utilities. K. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. All constructed public utilities shall be field surveyed after construction with all location, elevation, and data attributes information, deliverable to the City in an approved sub-foot accurate GIS/GPS format. L. Until all Improvements, with the exception of the wear course on streets, are accepted by the City or a written agreement expressly reached in advance, the Developer is responsible for snow removal and ensuring access by Emergency Response vehicles and equipment. M. All mailboxes shall be clustered, and in a style and location acceptable to the City. 24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special Page 81 of 379 229446v1 assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $5,128,427.45. The amount of security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer (onsite) $1,270,435.00 B. Sanitary Sewer (offsite) $122,748.35 C. Watermain (onsite) $ 1,113,701.50 D. Watermain (offsite) $ 113,326.00 E. Storm Sewer/Draintile $ 893,504.10 F. Streets $ 1,614,712.50 TOTAL SECURITIES: $ 5,128 ,427.45 OTHER COST ESCROWS: A. City Construction Observation (Est. 2.5%) $ 128,210.67 B. Lot Corners/Iron Monuments $ 10,700.00 TOTAL CASH ESCROWS: $ 134,910.67 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on ten (10) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from Page 82 of 379 229446v1 time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all Improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 25. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication $89,000.00 B. Water Availability Charge (cost when plat is recorded) $34,710.00 TOTAL CASH REQUIREMENTS $ 123,710.00 26. WARRANTY. The Developer warrants all Improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion of Sanitary Sewer, Watermain, Storm Sewer/Draintile and acceptance by City Council. The one-year warranty period on streets shall commence after the final wear course has been installed and accepted by the City Council. The City shall retain $256,421.37 of the security posted by the Developer until the warranty period expires, or until Developer elects to post maintenance bonds in an amount equal to 10% of the final certified construction costs, whichever first occurs. The retainage may be used to pay for warranty work. The City’s procedures for final acceptance of streets and utilities requires completion of all items identified in the inspection “punchlist” to the satisfaction of the Public Works Director. Page 83 of 379 229446v1 27. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Page 84 of 379 229446v1 Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 28. Issuance of Building and Occupancy Permits A. Building Permits. The City will not issue any building permit (a permit issued for construction of a structure to be sold and occupied by a new owner) for any lot or parcel in the Subdivision until all gas, electric, and large (public) utilities are installed and available for the individual parcel, and streets are paved throughout the subdivision with the first lift of pavement to the acceptance of the City Engineer. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites with model permits; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. a. As a special consideration for this first phase of the Oakwater Ridge subdivision, the city will issue forty-five (45) building permits after large utilities (sanitary sewer, storm water, and water) and public streets (all curbing and first lift of bituminous paving) have been completed, but prior to completion of small utilities (gas and electric) and Page 85 of 379 229446v1 sidewalks. Applications for building permits on these lots must include a letter, printed on the developer’s letterhead and signed by an authorized representative of the company, which acknowledges that a certificate of occupancy will not be issued until small utilities (gas and electric) have been installed and the homes are connected. The developer also commits to installing sidewalks as soon as possible after the small utilities have been installed. B. Model Homes. The City will issue building permits for the construction of up to six (6) model home on lots approved by the Building Official prior to completion of the public and private infrastructure, provided that access to the site for emergency vehicles is maintained at all times. City will not issue a certificate of occupancy (said certificate will allow the structure to be transferred to a new owner for the purpose of permanent occupancy) for any building constructed on any lot or parcel in the Subdivision until all Improvements (except final lift of paving) are completed, approved by the City Engineer and accepted by the City. Temporary certificates of occupancy may be issued for sites; however, such certificates will not allow the structure to be transferred to a new owner for the purpose of occupancy. C. Notice to Homebuyers. If the Developer fails to comply with any of provisions of this Agreement, the City may refuse to issue a building permit or certificate of occupancy for any lot or parcel in the Subdivision. Developer agrees to advise purchasers of any lot or parcel within the Subdivision of the existence of this contract and the obligations and restrictions created herein prior to the completion of the sale. Further, Developer agrees to save and hold City harmless from any and all claims or actions arising from the right to withhold the issuance of such permits and certificates and from other provisions hereof. Page 86 of 379 229446v1 29. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except six model homes on lots acceptable to the Building Page 87 of 379 229446v1 Official where access to the model homes for emergency vehicles is provided and maintained at all times. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final Page 88 of 379 229446v1 platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Page 89 of 379 229446v1 Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non- Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and Page 90 of 379 229446v1 against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. Page 91 of 379 229446v1 N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 30. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: 14051 Sunfish Lake Blvd, Suite 400, Ramsey, MN 55303. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Elk River City Hall, 13065 Orono Parkway, Elk River, Minnesota 55330. [The remainder of this page has been intentionally left blank. Signature pages follow.] Page 92 of 379 229446v1 CITY OF ELK RIVER BY: ___________________________________________ ______________, Mayor (SEAL) AND __________________________________________ _________________, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2_____, by ________________ and by ____________, the Mayor and City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 93 of 379 229446v1 DEVELOPER: ELK RIVER 648-1 LAND, LLC BY: ___________________________________________ Its STATE OF MINNESOTA ) )ss. COUNTY OF ________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2_____, by __________________________________ the ____________________________________ of Elk River 648-1 Land, LLC. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 AMP/smt Page 94 of 379 229446v1 MORTGAGE CONSENT TO DEVELOPMENT CONTRACT _______________________________________________________, which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2_____. ______________________________________ ______________________________________ STATE OF MINNESOTA ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2_____, by __________________________________________________________________________. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 95 of 379 229446v1 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as Oakwater Ridge Parcel 1: Those parts of the West Half of the Northeast Quarter and the Southeast Quarter of the Northeast Quarter, all in Section 14, Township 32, Range 26, Sherburne County, Minnesota, which lies Southwesterly of the Southwesterly Right of Way line of U.S. Highway No. 10 and Northwesterly of the Northwesterly Right of Way line of Kelley Farm Road N.W., both Right of Way lines per the recorded plat of Minnesota Department of Transportation Monumentation Plat 71-M2. Parcel 2: Government Lot 1, and that part of the Southeast Quarter of Southwest Quarter, Section 11, Township 32, Range 26, Sherburne County, Minnesota, which lies Southwesterly of the Southwesterly right of way line of U.S. Highway No. 10, per the recorded plat of Minnesota Department of Transportation Monumentation Plat 71-M1. Parcel 3: Government Lot 3; Government Lot 4; and that part of the Northeast Quarter of the Northwest Quarter, all in Section 14, Township 32, Range 26, Sherburne County, Minnesota, which lies Southwesterly of the Southwesterly Right of Way line of U.S. Highway No. 10 per the recorded plat of Minnesota Department of Transportation Monument Plat 71-M2. Abstract Property Page 96 of 379 229446v1 EXHIBIT “B” TO DEVELOPMENT CONTRACT Development Plan Checklist Development Plan Requirements 1. Lot and block numbers 2. Street Names 3. Storm sewer alignment with top and invert elevations. Also Flared ends with invert elevations 4. Centerline Street elevations at 100 foot stations with high and low points 5. Centerline street percent grades 6. Cul-de-sac percent grade along curb 7. Building setback lines 8. Final Contours 9. All proposed driveway slopes 10. House pads with house style and elevations 11. Front and rear lot corner elevations 12. Spot elevations at the rear of the house pads if the drainage is to be directed around the house pad to the front 13. Typical lot detail indicating where lot and house elevations are shown to. 14. Legend with type of house styles and grade difference for garage floor to walkouts or lookouts. 15. Lot dimensions to the nearest foot 16. Typical street section 17. Drainage arrows at high points and major grade changes 18. Existing and proposed easements 19. Emergency overflows should be labeled and shown with spot elevations and drainage arrows. Emergency overflows must be established for catch basins in the street and in rear yards. Areas along rear lot lines which are below emergency overflows elevations shall be designated as drainage easement on the final plat. 20. Wetland boundaries must be accurately shown 21. Development plan must be signed by a registered Land Surveyor or Engineer. 22. All trees within the subdivision that are to be preserved shall be fenced with a snow fence at the drip line to prevent grading, compaction, or storage of equipment, debris or materials. Staff shall inspect the fencing prior to grading. Cutting of trees between April 15 and July 15 shall not be permitted. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding mechanical damage on remaining trees. Page 97 of 379 229446v1 [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Elk River 13065 Orono Parkway Elk River, Minnesota 550330 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Elk River. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Elk River Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Elk River Finance Director, Elk River City Hall, 13065 Orono Parkway, Elk River, MN 55330, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER: _________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. OR DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. Page 98 of 379 229446v1 This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] BY: ____________________________________ Its ______________________________ Page 99 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.8 Meeting Date November 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Conditional Use Permit CU 24-22: Winlectric CUP Revocation Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested No action is required as the CUP conditions have been satisfied. Background/Discussion The fencing for the outdoor storage was completed on November 11, 2025, and the applicant stated they will be getting their product placed in the fenced area and ensuring it is not stacked higher than the fence by the end of the week. The fencing was the remaining condition to be completed to finalize the CUP, and staff will work with the applicant to get the CUP recorded at the county. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. City Council Memo 10-6-2025 Page 100 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 11.1 Meeting Date October 6, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Winlectric Conditional Use Permit Discussion Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Direct staff to extend the deadline for CUP compliance or call a public hearing to begin the formal revocation process. Background/Discussion The Conditional Use Permit (CU 22-11) was approved on July 18, 2022, with specific conditions pertaining to outdoor storage. The permit required compliance with these conditions by July 18, 2024; however, staff extended the deadline to December 31, 2024. The CUP conditions were not on schedule to be satisfied by the end of December and the applicant applied for an amendment on December 26, 2024. On March 17, 2025, the city approved an amendment (CU 24-22) to the original CUP, which extended the compliance deadline to July 1, 2025, as requested by the applicant. When compliance was not achieved by that date, staff extended the deadline to August 25, 2025, and, again, granted a final extension to September 30, 2025. As documented in the attached correspondence, staff have made consistent efforts to work with the applicant to facilitate compliance with the conditions of the CUP. The City Council can choose to extend the deadline for compliance with the conditions of approval for the two CUPs, or direct staff to schedule a public hearing to discuss the possible revocation of the CUPs. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. CU 24-22 CC Action Letter 2. Site Photos 10-2-2025 Page 101 of 379 3. Ongoing Emails Page 102 of 379 Phone: 763.635.1000 www.ElkRiverMN.gov March 19, 2025 Elk River Winlectric - Troy Tamm Via email: Tetamm@winlectric.com 12777 Meadowvale Rd. NW Elk River, MN 55330 Wholesalers Property CO LLC – Ward Allen 3110 Kettering Blvd Kettering OH 45439 RE: City Council Action for Case No. CU 24-22 Dear Mr. Tamm and Mr. Allen: On March 17, 2025, the City Council reviewed your application for an Amendment to Conditional Use Permit CU 22-11 for Winlectric, located at the address listed above and approved the request with the following conditions: 1. The property shall comply with Section 30-807 regarding outdoor storage. 2. All outdoor storage must occur within fenced in areas. 3. All temporary outdoor storage structures shall be removed from the property by July 1, 2025. 4. All areas utilized for outdoor storage be completely screened from view from all public rights-of-way by July 1, 2025. 5. No product can be stored higher than the top of the fence. 6. The parking lot shall be striped by July 1, 2025. 7. An amendment to this Conditional Use Permit will be required for any future changes. If you have any questions regarding the meeting or the conditions listed above, please let me know. When conditions are complete, the CUP document will be recorded at Sherburne County and the recorded copy uploaded into CitizenServe portal. Sincerely, Chris Leeseberg Senior Planner Ph: 763.635.1033 cleeseberg@ElkRiverMN.gov Page 103 of 379 Page 104 of 379 Page 105 of 379 Page 106 of 379 Page 107 of 379 On Going Emails July 18, 2022 Original CUP (CU 22-11) approved. Tue, Nov 12, 2024 Good afternoon Troy, We are following up regarding a few Conditional Use Permit (CUP) issues that need to be addressed. While we understand the need for staging on site and consider that acceptable, there are concerns with the prolonged storage of materials outside your approved storage area, including behind the building. Per Condition #5, all outdoor storage must occur within fenced areas. Additionally, all temporary outdoor storage structures were to be removed from the property by July 18, 2024. Both of these items were discussed back in November 2023. We request that all outdoor storage items be moved within the fenced area or inside and all temporary structures be removed by December 13, 2024. If these actions are not completed by that date, we will bring the matter to the City Council for discussion on a potential CUP revocation. We will notify you of any meetings, if needed. We understand there are other businesses in the area with unscreened outdoor storage also, and we will be reaching out to them regarding this matter. Please reach out if you have any questions. Thank you, Chris Tuesday, November 12, 2024 Good afternoon I assume you have more complaints in regards to this....I thought we did a hell of a job getting into compliance with fencing in 1/2 of the property. We try to avoid items being outside the fence area when possible, but loading and shipping causes items to remain overnight at times. We discussed adding the fence behind the building to eliminate the items behind us and were gonna pursue this in spring of 2025. McChesney took down a tree and tore up some of his landscaping late summer early fall and wanted to wait until he was done with his project. We are still on waiting list of additional storage next to us (KISER) in there storage garages, we have 3 and are looking to add 2-3 more and would be able to eliminate the job containers that are still present. We do fill and ship job lots in these containers. We did move the one we had in back and eliminated it. Maybe we can see if we can extend the CUP permit for this matter, it would help us out tremendously. We do our best to keep our property looking as good as possible. Page 108 of 379 Thanks Troy Wednesday, November 20, 2024 10:39 AM Good morning Troy, You are correct, your property/landscaping looks good, and your outdoor storage is well-organized. However, the current issue is that, according to both the approved CUP and the ordinance, outdoor storage is required to be screened from view in the public right-of-way. We have not received any additional complaints, and the current correspondence is our follow-up to ensure compliance with both city ordinances and the approved CUP. As mentioned, we understand that you are very busy, your business is thriving and have a need for on-site staging and find it acceptable. With lead times on products being unpredictable, we recognize the importance of planning ahead by ordering extra. However, long-term storage remains a concern, for example, the conduit on the east side has been there since early summer. As an additional reminder of these requirements, and as outlined in your approved CUP from November 2022, the deadline to substantially complete the work was July 18, 2024. Staff’s goal is to work with every applicant to meet the standards and will provide an extension through the remainder of the year. All outdoor storage items must be relocated to an area within the fenced area or indoors, and all temporary structures must be removed by December 31, 2024. As an alternative, you may request an amendment to your CUP. This is the same process/cost as you went through with the original request, with a public hearing, Planning Commission recommendation, and City Council action. Please let me know if you have any questions. Thank you, Chris March 17, 2025 Original CUP Amendment (CU 24-22) approved. Wednesday, March 19, 2025 11:51 AM Troy, Attached is the City Council approval letter for your request to amend CU 22-11 to extend requirements for outdoor storage requirements until July 1, 2025. Please read the attached letter outlining the conditions of the approval. If you have any questions, please reach out to Chris. Page 109 of 379 Thank you, Jennifer Wednesday, May 28, 2025 4:33 PM Hi Troy, With July 1, 2025, not too far away, we are checking in to see how you are coming along with your required conditions and if you have any questions. Thank you, Chris Friday, June 13, 2025 9:50 AM Hi Troy, As you are aware, the City Council approved your extension to complete your conditions by July 1, 2025. A recent review of your property shows limited progress on bringing the outdoor storage into compliance. All outdoor storage must be located within fenced in areas and completely screened from view from all public rights-of-way or removed, and all temporary outdoor storage structures must be removed. If the conditions of the approved CUP are not met by July 1, 2025, we will schedule a meeting with the City Council to discuss possible revocation of your permit. Let me know if you have any questions. Thank you, Chris Friday, June 13, 2025 10:01 AM Good morning It'll be done. The City spent 5 weeks getting the permit issued to Chad, who is building the storage unit that we are moving into. So, blame the person or people who dropped the ball on issuing his permit if it runs over july 1st. The construction started on wednesday and hopefully concrete on the 23rd. Once concrete is in the new building the storage containers will be moved. thanks troy Fri, Jun 13, 2025 at 11:42 AM Troy, Page 110 of 379 The city is pleased to hear you are confident that you will be able to bring your business and CUP into compliance by the Council approved date. Please understand the approval of your CUP was not contingent on other properties. I had the building department investigate the timeline: • They applied on 4/07/2025 • All reviews were completed by 4/14/2025 (6 business days) • An email on 4/11/2025 was sent that the city needed plans to be signed by a licensed architect. This is stated on the permit application also. • Signed plans were received on 5/15/2025. (34 days after applicant was notified) • Updated plans were put back into review on 5/16/2025. (late Friday) • The plans were approved on 5/19/2025. (1 business day) • In total, the time this plan spent in city review was 7 business days, not 5 weeks. Your CUP was approved on July 18, 2022, nearly three years ago. Thank you and have a great weekend. Chris Friday, June 13, 2025 10:57 AM I just talked with Chad and his permit was submitted (march) and had everything done, but after he submitted the structural plan the building dept said 5 weeks after he submitted, that he needed an architectural plan also. He said all this could've been done on the original submission date 4/7/25. Whatever. The building will be up next week, with concrete going in the next, so the plan is June 27th having the storage containers gone. Thanks Troy Fri, Jun 13, 2025 at 12:12 PM Troy, That is incorrect but beside the point for your CUP. You only mention the storage containers will be gone, please remember everything stored outside needs to be behind a fence or moved inside. It sounds like everything should work out as needed, which is great and the goal of the city. Thank you, Chris Page 111 of 379 Friday, June 13, 2025 12:11 PM There will be a fence going up in back. I can't store pipe inside the building or spools, that is staying outside. We do also stage shipping a day or two ahead of time and we use our yard for that. Thanks Troy Fri, Aug 8, 2025 at 12:55 PM Troy, As you are aware, the City Council granted an extension for completion of the conditions associated with your Conditional Use Permit (CUP) until July 1, 2025. As of today, more than a month has passed since that deadline, and several required conditions remain unfulfilled. 1. The property shall comply with Section 30-807 regarding outdoor storage. 2. All outdoor storage must occur within fenced in areas. (not completed) 3. All temporary outdoor storage structures shall be removed from the property by July 1, 2025. (completed) 4. All areas utilized for outdoor storage be completely screened from view from all public rights-of-way by July 1, 2025. (not completed) 5. No product can be stored higher than the top of the fence. (not completed) 6. The parking lot shall be striped by July 1, 2025 (not completed) 7. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated May 17, 2025. If all outstanding conditions are not addressed by August 25, 2025, the matter will be placed on the September 2, 2025, City Council agenda for discussion and direction regarding potential revocation of the CUP, should the property remain out of compliance. Please note that I will be out of the office from August 11–15. During that time, you may contact Zack Carlton with any questions or concerns. We appreciate your attention to this matter and your continued cooperation. Please do not hesitate to reach out with any questions. Thank you, Chris Monday, August 11, 2025 8:09 AM Good morning I been doing best to comply, but when a company has been part of the community since 1995 and only in the last 2 years this has become a problem, I'm starting to feel serious harassment. You Page 112 of 379 stated 30-807 section of local ordinances, but there's 132 pages in this section. Can you please send the info from that section for the building we have? I have seen 20-30 business that would fall under failure to comply, The parking lot was stripped last year, it will probably need to be redone because of fading. I talked with my neighbor (McChensey) and he was furious about a fence going in between the buildings. I got a $12,000 quote to install a fence for practically no reason. We pay our taxes and we do our best to keep outside clean, if I need to put this fence in behind the building, we will be taking down 15 full grown trees, is this something the city wants? If this is the case, I'll be removing the trees in front of our building also and convert the in front to outdoor storage and extend that fence. I stage deliveries all week and we do have items sitting outside. Do items need to be moved each day to comply with you? Elk River Winlectric has been a solid business for this city for 30 years and has given to the community thru taxes, charity events, including the Chamber, The local schools, Guardian Angels and more. Do you recommend I get an attorney, because there's only so many things that can be done without seeing trees and lawns destroyed. Let me know, maybe there can be a 5-10 year CUP permit offered for us. Thanks, Troy Tuesday, August 19, 2025 3:48 PM Hi Troy, Winlectric continues to be a valued business and a real asset to the city. Your commitment to maintaining such a well-kept landscape sets a great example, and it is appreciated. As you know, the city received a complaint over 3 ½ years ago, and since that time, we have been working with you to bring the property into compliance. The City Council even extended your deadline to align with the July 1, 2025, date you requested. To provide some clarity, the city adopted an outdoor storage ordinance designed to keep outside materials screened from view. I’ve attached Section 30-807 (one page) for your reference. Outdoor storage is allowed in a location of your choice and sized to your needs, provided the storage areas comply with Section 30-807, particularly setback requirements (30-feet from front property lines, you have front property lines on each street). You may remove or retain trees as you see fit. I also spoke with your neighbor, who shared that they do not object to a fence, they prefer it not be covered with “fabric.” I explained that the city has permitted the use of fabric under your Conditional Use Permit (CUP). Staging deliveries is acceptable for a short period (a day or two), but materials must then be placed in the screened storage area. Additionally, the ordinance addresses the expiration of CUPs and states: If the proposed work described in a conditional use permit has not been substantially completed within two years after its date of issuance, the permit shall expire and become void, except that the council may, following recommendation of the planning commission, extend the permit for an additional period Page 113 of 379 determined by the council on the receipt of a request for a permit extension prior to its expiration. A conditional use permit authorizes only the use specified in the permit and shall expire if, for any reason, the authorized use ceases for more than six months. Your first CUP technically should have expired on July 18, 2024, since the required conditions were not met and the permit was never recorded. This is why we request you apply for the amendment/extension. We understand these requirements can be cumbersome and at times costly. That said, the city’s intent is simply to ensure outdoor storage is properly screened, consistent with the original complaint. You have had approximately 3 ½ years to complete the required conditions, and we appreciate your continued cooperation. We are again extending your deadline, for the last time, and ask that all outstanding items be fully addressed no later than September 30, 2025. If the property is not brought into compliance by that date, the matter will be placed on the October 6, 2025, City Council agenda for discussion and direction regarding potential revocation of the CUP. Thank you, Chris Wednesday, September 17, 2025 10:28 AM Good morning Troy, We are touching base on your progress, can you give us an update on where things are at and what your scheduling looks like to complete the items that need to be done by September 30, 2025. We have updated the City Council on your concerns so if we do meet with them on October 6, 2025, they will have some background. Let me know if you have any questions and have a great day. Thank you, Chris Thursday, September 18, 2025 2:08 PM Good afternoon I had my city council member Cory Grupa stop by and discuss a proper way to handle this without costing the city and Elk River Winlectric. All items were removed from behind the building and cleaned up, we are in works with a contractor to level the front back corner to put the enclosed fenced area and limit the need to remove tree's and grass. Thanks, Troy Page 114 of 379 Friday, September 19, 2025 12:57 PM Good afternoon Troy, Thank you for the update. I think there is a misunderstanding about what needs to be completed. Based on your approved CUP conditions, everything needs to be removed or screened with fencing. On September 16, 2025, we documented numerous items behind the building. We also documented other properties with outdoor storage issues in the area, and the city will be working to address those as well. Our review shows that you have completed condition #3. Conditions 1, 2, 4, 5, and 6 still need to be completed. 1. The property shall comply with Section 30-807 regarding outdoor storage. 2. All outdoor storage must occur within fenced in areas. 3. All temporary outdoor storage structures shall be removed from the property by July 1, 2025. 4. All areas utilized for outdoor storage be completely screened from view from all public rights-of-way by July 1, 2025. 5. No product can be stored higher than the top of the fence. 6. The parking lot shall be striped by July 1, 2025 7. An amendment to this Conditional Use Permit will be required for any changes to the site plan dated May 17, 2025. Please share your schedule to complete the outstanding items, which must be completed by September 30, 2025. Thank you for your continued cooperation. Thank you, Chris Friday, September 19, 2025 1:05 PM That's correct. The enclosed fence will store outside items. Thanks, Troy Friday, September 19, 2025 1:10 PM Troy, Sounds good, thank you for the clarification. Thank you Page 115 of 379 Friday, September 19, 2025 1:23 PM Good afternoon. As a business owner of this city and as a property and sales tax generating business, I think more consideration should be taken in part of the city to these hard working businesses. I know there's 15-20 businesses in violation of your ordinance and I don't have any issues with any of them and I wish the city would leave them alone, if it's not causing burden to public safety. We have removed and done so much to make everything better and very close to compliance, but yet I keep getting more and more costs adding up to appease you all. I did talk with Chad (McChesney cab) and he really doesn't want the fence in back, so I replanned to make a smaller fenced in area to make you happy. I discussed this with Cory Grupa and he seemed to think it was a much better idea. I will not put a fence around our entire property, it won't work for truck deliveries. These full semi trucks with trailers need room to turn and a fence will cause issues. I have yet to be explained on what is happening with this walking trail/bike trail that seems to be making progress and going thru the front of our property. It would be a great idea to maybe have someone from the city inform the businesses in person on the plan. I have already been in discussion with the city of Big Lake in possibly moving the business and building a new structure, I feel we are a very good asset to the city of Elk River, but I'm getting very frustrated with all the updating that needs to be done. I trying to make it simple, but I feel this will never end. Thanks, Troy Friday, September 19, 2025 4:05 PM Troy, The trail is a Sherburne County project. I reached out to them, and they will contact you next week. In the meantime, here is one link to some information on the project and a second link to additional information. Have a great weekend. Thank you, Chris Page 116 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.9 Meeting Date November 17, 2025 Prepared By Ryan Sandhoefner, Engineering Project Manager Item Description Agreement 25-33: Sherburne County for Mississippi Road Trail Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Approve Agreement 25-33 between the City of Elk River and Sherburne County for improvements to the Mississippi Road Trail. Background/Discussion As part of the Mississippi Road Trail Infill Improvements Project, permanent and temporary easements were required from Parcel ID 75-00844-0020. This parcel is owned by Sherburne County, leading to the execution of a Joint Powers Agreement between the City of Elk River and Sherburne County. We were granted a temporary Right of Entry to construct the trail prior to Sherburne County Board approval, but a formal Joint Powers Agreement is required to finalize the process. The county will grant the city a 17-foot Permanent Trail Easement along the entire southern border of Parcel ID 75-00844-0020 to facilitate the project, as described and shown on the attached Exhibit B. The county will also grant a Temporary Construction Easement as described and shown on the attached Exhibit C. Based on current-day land valuations, the city shall pay to the county the sum of $5,173.47 as consideration for the Permanent Trail Easement described and shown on Exhibit B and the Temporary Construction Easement sum of $234.31 described and shown on Exhibit C. Financial Impact The sum of two easements is $5,407.78 and is to be funded through the Park Dedication Fund. Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. Joint Powers Agreement Page 117 of 379 JOINT POWERS AGREEMENT BETWEEN SHERBURNE COUNTY AND CITY OF ELK RIVER FOR IMPROVEMENTS TO MISSISSIPPI ROAD TRAIL FROM TROY STREET TO ORONO ROAD THIS AGREEMENT is made and entered into this day of , 2025, (the “Effective Date”) by and between the County of Sherburne, a political subdivision of the State of Minnesota, 13880 Business Center Drive NW, Elk River, Minnesota 55330, (the "County"), and the City of Elk River, 13065 Orono Parkway, Elk River, MN 55330 (the "City"). WHEREAS, the parties to this Agreement have long exhibited concern for the safety of the public traveling on County Road 30; and, WHEREAS, the City has proposed, and the County has consented to, certain improvements to County Road 30 (Mississippi Road), identified as the Mississippi Trail Infill Improvements Project (the “Project”); and WHEREAS, the parties agree that the City shall cause construction of the Project; and WHEREAS, the City has prepared plans and specifications for the Project (SP 204-090-005), which plans are consistent with the plans the City consented to and which will be on file in the office of the County Engineer; and WHEREAS, Minn. Stat. § 471.59 authorizes the County and the City to enter into an agreement for the joint exercise of powers and the sharing of resources. NOW, THEREFORE, in consideration of the premises and covenants contained herein and subject to the provisions of Minn. Stat. § 471.59, the parties agree as follows: 1. Purpose. The parties enter into this Agreement for the purpose of completing the Project. 2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on the Effective Date and shall terminate on the date that the Project has been completed, as determined by the City. 3. Duties of the County and City. 3.1 Solicitation and Award of Contract. The City has solicited bids for the construction of the Project based on the plans and specifications and has awarded a contract to the lowest responsible bidder, as determined by the City, in accordance with Minnesota law. 3.2 Plans and Specifications. The City shall prepare all plans, specifications, material quantities and all other documents necessary for the construction of the Project. 3.3 Construction Items. The City will let a contract and will cause the construction the Project, in accordance with the County and City approved State Aid construction plans. The Project includes, at a minimum, the following improvements, as further shown on the attached Exhibit A: 1) Construct trail between Troy Street and Rawlins Street Page 118 of 379 2) Construct trail between the extended limits of Queen Circle and Naples Street 3) Construct trail between Denver Street and Orono Road 3.4 Construction Oversight. During the Project, the City shall provide all necessary construction engineering, construction surveying, and construction inspection. 3.5 Right of Way and Permits. The City will be responsible for acquiring and paying for all land use rights necessary for the Project and shall be responsible for obtaining all necessary permits and other approvals necessary for the construction of or otherwise associated with the Project, including but not limited to all environmental permits such as SWPPP, TEP approvals, and NPDES permit. 1) The County will grant the City a 17’ Permanent Trail Easement along the entire southern border of Parcel ID 75-00844-0020 to facilitate the Project, as described and shown on the attached Exhibit B. The County will also grant a Temporary Construction Easement as described and shown on the attached Exhibit C. 2) The City shall pay to the County the sum of $5,173.47 as consideration for the Permanent Trail Easement described and shown on Exhibit B and Temporary Construction Easement sum of $234.31 described and shown on Exhibit C. 3.6 Administration. The City will be responsible for administering the Project. Contract administrative services shall include, without limitation, the advertising and acceptance of bids, generating partial and final payments and Project close- out. The City will also provide all necessary construction engineering, construction surveying, and construction inspection for the Project and will prepare and sign all work orders, change orders, and supplemental agreements relating to the Project. 3.7 Cost Participation. The City is to fund the entirety of the Project. 3.8 Payments to Contractor. For purposes of paying the contractor during the Project, the City will process all payment requests from the contractor and will approve or deny the requests as appropriate, pursuant to the terms of the contract. 3.9 Ownership and Maintenance. Following completion of construction, the City will own the multi-use trails and will be solely responsible for the ongoing maintenance and reconstruction of those improvements unless impacted by a road construction on the roadway by the County. 4. General Provisions. 4.1 Entire Agreement; Amendments. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, documents and proposals, oral or written, between the parties with respect thereto. Any amendment or modification to this Agreement shall not be valid unless such amendment or modification (i) is in writing and signed by authorized representatives of both parties and (ii) references this Agreement. The terms and conditions of the exhibits are integral parts of this Agreement and are fully incorporated herein by this reference. 4.2 Cooperation. The parties agree to cooperate in the use of resources, including available right-of-way to complete the project as a whole, to the extent feasible and to the extent permitted by law. The parties further agree to cooperate in the administration of the contract and completion of the project, including cooperating in resolving any disputes the parties may have with the contractor(s) both during the project and following completion of the project. Page 119 of 379 4.3 Notices. Any notices required or permitted to be given under this Agreement shall be delivered personally or sent by certified mail to the other Party as follows: To the County: Andrew Witter Sherburne County Engineer Sherburne County Government Center 13880 Business Center Drive, Suite 100 Elk River, MN 55330 To the City: City Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 4.4 Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Sherburne. 4.5 Disbursement of Funds. All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 4.6 Audit. The parties shall maintain complete and accurate records with respect to costs incurred and services performed under this Agreement for a period of at least six (6) years after the termination of this Agreement. Pursuant to Minn. Stat. § 16C.05, Subd. 5, each Party shall allow the other Party, the State Auditor, or their authorized representatives access to the books, records, documents, and accounting procedures and practices relevant to the subject matter of the Agreement, for purposes of audit. 4.7 Data Practices. All data created, collected, received, stored, used, maintained, or disseminated for any purpose in connection with this Agreement is governed by the Minnesota Data Practices Act, as well as other State and Federal rules and regulations relating to data privacy. 4.8 Assignment and Delegation. Neither Party shall assign its rights or delegate its duties under this Agreement without receiving the prior written consent of the other Party. 4.9 Liability. Each Party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. Each Party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorneys’ fees, resulting from the acts or omissions of the respective officers, contactors, agents, or employees of the indemnifying Party, to the extent such acts or omissions are directly related to activities conducted by the indemnifying Party or performance or failure to perform the duties of the indemnifying Party or its officers, contractors, agents, or employees under this Agreement. Nothing in this Agreement shall constitute a waiver of limitation of any immunity or limitation on liability to which the Parties are entitled. Pursuant to Minn. Stat. §471.59, Subd. 1a(a), as amended, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability; provided, however, that each Party expressly declines responsibility for the acts or omissions of the other. Nothing in this Agreement shall be construed to waive or limit any immunity from, or limitation on, the liability of either Party as provide by law. Under no Page 120 of 379 231452v2 circumstances shall a Party be required to pay on behalf of itself and other parties, any amounts on excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The statutory limits of liability for the two parties may not be added together or stacked to increase the maximum amount of liability for any Party. This section shall survive any termination or expiration of this Agreement and will also remain subject to the liability limitations as provided above Party 4.10 Severability. In the event that any portion of this Agreement shall be held to be invalid, such invalidity shall not affect the validity of the remainder of this Agreement. 4.11 Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one and the same Agreement. 4.12 Not Construed Against Drafter. The language of this Agreement shall not be interpreted in favor of or against any Party as the drafter of this Agreement. 4.13. Incorporation. The recitals contained herein and the exhibits attached hereto are incorporated in and made part of this Agreement. 4.14. Representations. Each Party executing this Agreement represents to the other that those signing below on its behalf are authorized to enter into this Agreement and to bind its organization to its terms and conditions. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement to be effective as of the Effective Date set forth above. SHERBURNE COUNTY CITY OF ELK RIVER By: By: Gary Gray John Dietz County Board Chair Mayor, City of Elk River Attest: Attest: Bruce Messelt Tina Allard County Administrator City Clerk Gary H. Gray (Nov 4, 2025 11:23:59 CST) Page 121 of 379 231452v2 EXHIBIT A Page 122 of 379 R26-T33-S31-34,43 JOB NUMBER: 0R1.129679 FIELD BOOK: DRAWN BY: FRD 0 100 WEST LINE OF OUTLOT B SCALE IN FEET N 00°14'10" W SHERBURNE COUNTY 75-844-0020 N 89°36'40" E 584.23 S 00°23'20" E 16.58 15.04 SOUTHWEST CORNER OF S 89°45'50" W 132.55 S 89°45'38" W 451.72 MISSISSIPPI RD. NW. SOUTH LINE OF OUTLOT B OUTLOT B, POINT OF BEGINNING N 87°52'37" E 12.91 EAST LINE OF OUTLOT B S 67°39'11" E 19.35 S 89°45'38" W 76.11 CH=3.48 CB=S 68°47'09" E L=3.48 R=88.00 Δ=2°15'55" PROPOSED PERPETUAL EASEMENT CONTAINING APPROXIMATELY 10,139 SQ. FT. +/- SOUTH LINE OF OUTLOT B 0 25 SCALE IN FEET S 89°45'38" W 0.59 MISSISSIPPI RD. NW. SOUTHEAST CORNER OF OUTLOT B, POINT OF BEGINNING SHEET 1 OF 2 ©Bolton & Menk, Inc. 2023, All Rights Reserved PERMANENT EASEMENT EXHIBIT ELK RIVER, MINNESOTA 55330 7533 SUNWOOD DR NW SUITE 206 RAMSEY, MN 55303 (763) 433-2851 OUTLOT B, ELK PATH BUSINESS CENTER FIFTH ADDITION, SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER C H:\ELKR\0R1129679\CAD\C3D\Parcel Sketches\Mississippi Rd NW\$Easements\129679V-EASE2_MISSISSIPPI_PERM.dwg 12/5/2023 2:01 PM N 01°46'01" W 16.05 EXHIBIT B PERMANENT TRAIL EASEMENT Page 123 of 379 R26-T33-S31-34,43 JOB NUMBER: 0R1.129679 FIELD BOOK: DRAWN BY: FRD H:\ELKR\0R1129679\CAD\C3D\Parcel Sketches\Mississippi Rd NW\$Easements\129679V-EASE2_MISSISSIPPI_PERM.dwg 12/13/2023 12:00 PM PROPOSED DESCRIPTION: A perpetual easement over, under, and across that part of Outlot B, ELK PATH BUSINESS CENTER FIFTH ADDITIO N, according to the recorded plat thereof, Sherburne County, Minnesota, described as follows: Beginning at the southwest corner of said Outlot B; thence on an assumed bearing of North 00 degrees 14 minutes 10 seconds West, along the west line of said Outlot B, a distance of 15.04 feet; thence North 89 degrees 36 minutes 40 seconds East, a distance of 584.23 feet; thence South 00 degrees 23 minutes 20 seconds East, a distance of 16.58 feet, to the south line of said Outlot B; thence South 89 degrees 45 minutes 38 seconds West, along said south line, a distance of 451.72 feet; thence South 89 degrees 45 minutes 50 seconds West, along said south line, a distance of 132.55 feet, to the point of beginning. AND Beginning at the southeast corner of said Outlot B; thence on an assumed bearing of South 89 degrees 45 minutes 38 seconds West, along said south line, a distance of 0.59 feet; thence continue South 89 degrees 45 minutes 38 seconds West, along said south line, a distance of 76.11 feet; thence North 01 degrees 46 minutes 01 seconds West, a distance of 16.05 feet; thence North 87 degrees 52 minutes 37 seconds East, a distance of 12.91 feet; thence southeasterly a distance of 43.56 feet along a non-tangential curve concave to the southwest having a radius of 102.00 feet, a central angle of 24 degrees 28 minutes 12 seconds, and a chord bearing of South 79 degrees 53 minutes 17 seconds East; thence South 67 degrees 39 minutes 11 seconds East, not tangent to last described curve, a distance of 19.35 feet; thence southeasterly a distance of 3.48 feet along a non-tangential curve concave to the northeast having a radius of 88.00 feet, a central angle of 02 degrees 15 minutes 55 seconds, and and a chord bearing of South 68 degrees 47 minutes 09 seconds East, to the point of beginning. SURVEYOR'S NOTES: 1. This survey was performed, and the survey map prepared, without benefit of either a title insurance commitment or an attorney's title opinion. The record boundary and easement information (if any) shown hereon is based on information provided by the client. Research of documents affecting title to the property surveyed or adjoining properties has been limited to a cursory review of record information and it is recommended that all title matters affecting this property and survey be reviewed by an attorney or other title professional. 2. Distances are in feet. 3. Bearings shown on this survey assume the west line of Outlot B bears North 00 degrees 14 minutes 10 seconds West. SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 12/05/2023 Dustin Schmaltz Date License Number 53683 SHEET 2 OF 2 ©Bolton & Menk, Inc. 2023, All Rights Reserved PERMANENT EASEMENT EXHIBIT ELK RIVER, MINNESOTA 55330 OUTLOT B, ELK PATH BUSINESS CENTER FIFTH ADDITION, SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER 7533 SUNWOOD DR NW SUITE 206 RAMSEY, MN 55303 (763) 433-2851 Page 124 of 379 R26-T33-S31-34,43 JOB NUMBER: 0R1.129679 FIELD BOOK: DRAWN BY: FRD 0 100 S 00°14'10" E 4.99 N 00°14'10" W WEST LINE OF OUTLOT B SHERBURNE COUNTY 75-844-0020 S 89°36'38" W 551.50 SCALE IN FEET S 12°01'41" W 18.46 N 83°19'14" W 20.31 N 23°06'22" W 22.25 15.04 SOUTHWEST CORNER OF POINT OF BEGINNING N 89°36'40" E 584.23 MISSISSIPPI RD. NW. OUTLOT B, POINT OF COMMENCEMENT S 01°46'01" E 4.99 N 01°46'01" W 16.05 SOUTH LINE OF OUTLOT B S 87°51'09" W 27.71 S 64°03'44" W 31.21 S 89°04'17" W 21.02 EAST LINE OF OUTLOT B SOUTHEAST CORNER OF OUTLOT B, POINT OF PROPOSED TEMPORARY CONSTRUCTION EASEMENT CONTAINING APPROXIMATELY 4,592 SQ. FT. +/- N 87°52'37" E 12.91 S 89°45'38" W 76.71 COMMENCEMENT POINT OF BEGINNING S 67°39'11" E 19.35 L=3.48 R=88.00 Δ=2°15'55" N 89°45'38" E 0.59 0 25 SCALE IN FEET CB=S 68°47'09" E CH=3.48 MISSISSIPPI RD. NW. ©Bolton & Menk, Inc. 2023, All Rights Reserved TEMPORARY EASEMENT EXHIBIT ELK RIVER, MINNESOTA 55330 7533 SUNWOOD DR NW SUITE 206 RAMSEY, MN 55303 (763) 433-2851 SHEET 1 OF 2 OUTLOT B, ELK PATH BUSINESS CENTER FIFTH ADDITION, SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER H:\ELKR\0R1129679\CAD\C3D\Parcel Sketches\Mississippi Rd NW\$Easements\129679V-EASE2_MISSISSIPPI_TEMP.dwg 12/5/2023 5:21 PM N 00°55'43" W 35.75 EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT Page 125 of 379 R26-T33-S31-34,43 JOB NUMBER: 0R1.129679 FIELD BOOK: DRAWN BY: FRD H:\ELKR\0R1129679\CAD\C3D\Parcel Sketches\Mississippi Rd NW\$Easements\129679V-EASE2_MISSISSIPPI_TEMP.dwg 12/13/2023 11:52 AM PROPOSED DESCRIPTION: A temporary construction easement over, under, and across that part of Outlot B, ELK PATH BUSINESS CENTER FIFTH ADDITION, acc ording to the recorded plat thereof, Sherburne County, Minnesota, described as follows: Commencing at the southwest corner of said Outlot B; thence on an assumed bearing of North 00 degrees 14 minutes 10 seconds W est, along the west line of said Outlot B, a distance of 15.04 feet to the point of beginning; thence North 89 degrees 36 minutes 40 seconds East, a distance of 584.23 feet; thence North 23 degrees 06 minutes 22 seconds West, a distance of 22.25 feet; thence North 83 degrees 19 minutes 14 seconds West, a distance of 20.31 feet; thence South 12 degrees 01 minutes 41 seconds West, a distance of 18.46 feet; thence South 89 degrees 36 minutes 38 seconds West, a distance of 551.50 feet to said west line of Outlot B; thence South 00 degrees 14 minutes 10 seconds East, along said west line, a distance of 4.99 feet, to the point of beginning. AND Commencing at the southeast corner of said Outlot B; thence on an assumed bearing of South 89 degrees 45 minutes 38 seconds W est, along the south line of said Outlot B, a distance of 76.71 feet; thence North 01 degrees 46 minutes 01 seconds West, a distance of 16.05 feet to the point of beginning; thence North 87 degrees 52 minutes 37 seconds East, a distance of 12.91 feet; thence southeasterly a distance of 43.56 feet along a non-tangential curve concave to the southwest having a radius of 102.00 feet, a central angle of 24 degrees 28 minutes 12 seconds, and a chord bearing of South 79 degrees 53 minutes 17 seconds East; thence South 67 degrees 39 minutes 11 seconds East, a distance of 19.35 feet; thence southeasterly a distance of 3.48 feet along a non-tangential curve concave to the northeast having a radius of 88.00 feet, a central angle of 02 degrees 15 minutes 55 seconds, and a chord bearing of South 68 degrees 47 minutes 09 seconds East to the south line of said Outlot B; thence North 89 degrees 45 minutes 38 seconds East, along said south line, a distance of 0.59 feet to the Southeast Corner of said Outlot B; thence North 00 degrees 55 minutes 43 seconds West, along the east line of said Outlot B, a distance of 35.75 feet; thence South 89 degrees 04 minutes 17 seconds West, a distance of 21.02 feet; thence South 64 degrees 03 minutes 44 seconds West, a distance of 31.21 feet; thence South 87 degrees 51 minutes 09 seconds West, a distance of 27.71 feet; thence South 01 degrees 46 minutes 01 seconds East, a distance of 4.99 feet to the point of beginning. Said temporary easement expires on . SURVEYOR'S NOTES: 1. This survey was performed, and the survey map prepared, without benefit of either a title insurance commitment or an attorney's title opinion. The record boundary and easement information (if any) shown hereon is based on information provided by the client. Research of documents affecting title to the property surveyed or adjoining properties has been limited to a cursory review of record information and it is recommended that all title matters affecting this property and survey be reviewed by an attorney or other title professional. 2. Bearings shown on this survey assume the west line of Outlot B bears North 00 degrees 14 minutes 10 seconds West. 3. Distances are in feet. SURVEYOR'S CERTIFICATION I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 12/05/2023 Dustin Schmaltz Date License Number 53683 SHEET 2 OF 2 ©Bolton & Menk, Inc. 2023, All Rights Reserved TEMPORARY EASEMENT EXHIBIT ELK RIVER, MINNESOTA 55330 OUTLOT B, ELK PATH BUSINESS CENTER FIFTH ADDITION, SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER 7533 SUNWOOD DR NW SUITE 206 RAMSEY, MN 55303 (763) 433-2851 Page 126 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.10 Meeting Date November 17, 2025 Prepared By Mitchell Litfin, Street and Park Superintendent Item Description Agreement 25-34: Shed User Agreement with MN Biathlon and Certificate of Insurance Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Approve Agreement 25-34 with Minnesota Biathlon. Background/Discussion Minnesota Biathlon has requested continued use of the biathlon shed and range within Woodland Trails Regional Park.The range and shed are for storage of equipment related to their biathlon programs.The original construction was done by this group but never formalized into any agreement. This arrangement supports Minnesota Biathlon's operations and helps ensure accessibility and organization of its resources throughout the year. To formalize the agreement and protect the city’s liability, MN Biathlon has submitted a Certificate of Liability Insurance naming the city as an additional insured. This certificate meets the city’s insurance requirements for third-party use of municipal facilities and ensures adequate coverage in the event of injury. Damage or other liability incidents related to the association's use of the shed and range are covered through a formal use agreement outlining the terms and conditions under which Minnesota Biathlon may access and utilize the shed and range. Financial Impact NA. Ongoing maintenance costs for the structure have been and will continue to be by Minnesota Biathlon. Mission/Policy/Goal Work with citizens to achieve goals Attachments 1. MN Biathlon Use Agreement 2. MN Biathlon Certificate of Insurance Page 127 of 379 Page 128 of 379 Page 129 of 379 Page 130 of 379 Page 131 of 379 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 11/6/2025 (518) 793-3444 133 United States Biathlon Association & Its Member Clubs in Good Standing 2002 Soldier Hollow Lane PO Box 537 Midway, UT 84049 A 1,000,000 X HDGL003701654 6/30/2025 6/30/2026 300,000 5,000 1,000,000 5,000,000 1,000,000 SEXUAL ABUSE 1,000,000 1,000,000A HDGL003701654 6/30/2025 6/30/2026 EVENT NAME: Minnesota Biathlon - Multiple Events for Winter and Summer EVENT DATE: November 6, 2025 - June 30, 2026 EVENT LOCATION: City of Elk River Certificate holder is named as additional insured. City of Elk River 19000 Proctor Road NW Elk River, MN 55330 UNITSTA-01 KJOYCE Loomis & LaPann, Inc.518-792-6561 228 Glen Street, PO Box 2158Glens Falls, NY 12801 Kevin Joyce kjoyce@loomislapann.com HDI Global Specialty SE (AA-1340041) X X X X Page 132 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.11 Meeting Date November 17, 2025 Prepared By Lauren Wipper, Human Resources Manager Item Description Hire Senior Activity Center Assistant Reviewed by Jeff Shelby Cal Portner Tina Allard Action Requested Approve, by motion, the hiring of Lisa Peterson to the position of Senior Activity Center Assistant effective November 24, 2025. Background/Discussion We went through two rounds of applications and interviews as our first candidate withdrew the day her hiring was on the City Council agenda. In this current round, we received 29 applications and offered interviews to five candidates. Following second interviews, background and reference checks, staff recommends Lisa Peterson for this position. Ms. Peterson has worked in social service-centered jobs since 2006, when she was a program coordinator of senior care options with Volunteers of America. She's also worked for Anoka County as a case aide specialist, case manager, and a social worker. She holds a Bachelor of Arts degree in Psychology. Ms. Peterson will start at step A of pay grade 6N. All pay and benefits will be consistent with city policy. Financial Impact This is a budgeted position. Mission/Policy/Goal The Elk River Mission Attachments None Page 133 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 6.1 Meeting Date November 17, 2025 Prepared By Tina Allard, City Clerk Item Description Sherburne County Administrator Update Reviewed by Cal Portner Tina Allard Action Requested Listen to an update from Sherburne County Administrator Bruce Messelt. Background/Discussion Sherburne County Administrator Bruce Messelt will be in attendance to provide the City Council with a general county update. Financial Impact N/A Mission/Policy/Goal Together we win. Attachments 1. Northstar/Bus Service Presentation Page 134 of 379 Sherburne County Service Proposal Ryan Heath | Service Development Page 135 of 379 Northstar Ridership 2025 Recap Trip TFS Arrival Big Lake Elk River Ramsey Anoka Coon Rapids Big Lake/Elk River Subtotal Ramsey/Anoka/Coo n Rapids Subtotal AM1 6:22 AM 26.7 25.5 12.1 23.7 15.2 52.3 51.0 AM2 7:52 AM 30.9 34.5 16.9 25.6 25.3 65.3 67.7 AM3 8:42 AM 13.3 16.9 3.9 7.3 14.9 30.2 26.1 2 * February 2025 95th percentile boardings Page 136 of 379 3 •Route 888 Ramsey, Anoka, Coon Rapids, downtown Minneapolis –Every 30 minutes rush hours –Every hour minutes midday –3 round trips Saturday/Sunday •Route 827 Anoka, Coon Rapids, Fridley Downtown Minneapolis –Every 30 minutes rush hours Foley to downtown –Every hour middays –Every hour Saturday Metro Transit replacement service January 5, 2026 Page 137 of 379 Station Usage 4 •Many riders live within five miles of Northstar stations. •Others are traveling down major highway corridors to reach Park & Rides or connecting to Northstar from other bus service Page 138 of 379 Route 888 Ext Alternative 5 •~70+ minutes Elk River – Marquette/5th –+19 minutes over direct route to serve Ramsey, Anoka, and Coon Rapids stations –Up to 27 mins longer compared to Northstar •~85+ minutes Big Lake – Marquette/5th •Route 884 –~65 minutes Big Lake – Marquette/5 th Page 139 of 379 Route 886 •Elk River – Downtown direct •Trip time to 5th/Marquette: ~60 minutes •Trips per day: –Match Northstar: 3 trips/direction/day •Match Northstar trip work starts –Expanded service: 6 trips/direction/day •Serve major work starts 6 am – 9 am Page 140 of 379 Recommended Route •Big Lake – Elk River – Minneapolis •77 min travel Big Lake - Marquette/5 th •51 min travel Elk River – Marquette/5th •2 or 3 round trips per day •Serve prime work start/end times rush hours 6:30-8:30am, 4:30-5:30pm Highway 10 versus I- 94: Flexible based on traffic/travel time experience Page 141 of 379 MNDOT/Sherburne County Proposal •Two-year pilot service starting January 5, 2026 •Operating Cost: –2026: $232.68 per in-service hour (Introduction/demonstration rate) –2027: $282.00 per in-service hour •Operating Days: –255 working days/year –No weekend service Page 142 of 379 Fares and Fleet •Use Metro Transit fares and passes for easy transition from Northstar •$3.25 Express Bus fare, starting Jan 5, 2026 –Current Northstar fares Big Lake – Minneapolis $6.25; Elk River – Minneapolis: $4.75 –Metropass, multi-day passes and all fare and discount programs available including mobility fares, and Transit Assistance Program (TAP) –Free transfers within 2 ½ hours •3-4 buses required (operating buses + spare) –Start using Metropolitan Council regional fleet coaches –Replacement coach buses may be needed, cost outside of contract with Metro Transit 9 Page 143 of 379 Service Cost Estimate 10 •Fare revenue will be used to offset partial operating cost •Cost estimate to be refined in contract Alternatives Cost Estimates Route 882 2026 2027 Total 2 Round Trips $325,000 $395,000 $720,000 3 Round Trips $487,000 $590,000 $1,077,000 Page 144 of 379 Next steps •Refine costs, develop agreement •Begin January 5, 2026 •Evaluate service at 12, 18, 24 months + additional evaluations as required –Fare adjustment potential –Travel times –Trip schedule times –Park & ride locations –Routing south of Elk River •Adjust service if needed 11 Page 145 of 379 Thank you! Adam Harrington, Director, Service Development Ryan Heath, Manager, Service Development Page 146 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 6.2 Meeting Date November 17, 2025 Prepared By Jolene Richter, Deputy Clerk Item Description City of Elk River Volunteer of the Month Reviewed by Cal Portner Tina Allard Action Requested Mayor Dietz will recognize and present a plaque to the November Volunteer of the Month Award recipient. Background/Discussion Mayor Dietz established the City of Elk River Volunteer of the Month Award program to recognize Elk River residents for their volunteer contributions and commitment to community service. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments None Page 147 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.1 Meeting Date November 17, 2025 Prepared By Zack Carlton, Community Development Director Item Description Resolution 25-67: Plat of Perkins Acres Reviewed by Chris Leeseberg Cal Portner Tina Allard Action Requested Adopt Resolution 25-67 approving the Plat of Perkins Acres, subject to the following conditions: 1. Staff approval of all civil plans supporting the construction of the public cul-de-sac. 2. The applicant must enter into a development contract with the city regarding the construction of the cul-de-sac. 3. Park Dedication Fee shall be paid for one new single-family parcel. Background/Discussion The applicant, Allen Perkins, has submitted a subdivision request to split an existing 5-acre parcel into two parcels. One of the lots will house the existing home and accessory structure, and the second parcel will be a new buildable parcel. The subdivision also includes right-of-way dedication for Queen Street, which has been considered a public street, but will be improved with a cul-de-sac as part of this project. Additionally, due to the location of the cul-de-sac near a wetland and existing home, the Engineering Division worked with the applicant to reduce the size of the cul-de-sac, but still ensure it's full functionality for the public. The property is located in the R-1a zoning district, which requires a minimum lot size of 2.5 acres. Dedication of right-of-way along the south property line for 196th Ave and for the new Queen Street cul-de-sac has reduced the lot sizes below the minimum size within the ordinance. The Board of Adjustments reviewed a lot size and wetland setback variance on October 28, 2025, approving both requests. One of the conditions of approval required the applicant to work with staff to minimize the impact on the wetland buffer and setback. The reduced size of the improvement, approved by engineering, accomplishes this goal and keeps the impervious improvements out of the 25-foot wetland buffer. The subdivision of a 5-acre parcel into two lots is also consistent with other properties in the immediate vicinity. Park Dedication The Park and Recreation Commission reviewed this plat for park dedication requirements on November 12, 2025, and recommended a cash payment for one new buildable lot. The Commission also recommended a trail easement along the south property line. The plat dedicates right-of-way, which is where a future trail Page 148 of 379 would be constructed. The addition of a trail easement may not be required as the area is relatively flat and the right-of-way would support the trail. Applicable Regulations City ordinance section 30-375 outlines the required findings for approval of a plat. 1. The proposed subdivision is consistent with the zoning regulations (article VI of this chapter) and conforms in all respects with all requirements of this Code, including the zoning regulations and this article. The subdivision requires approval of two variances, both of which were approved on October 28, 2025. With their approval, the subdivision is consistent with the zoning regulations of this article. 2. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans, including, but not limited to, the city's comprehensive development plan. The Comprehensive Plan guides the property for rural residential uses, supporting larger lot single-family uses with well and septic access. City services are not proposed for properties in this classification. The proposed subdivision is consistent with this guidance. 3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. The majority of the site is developable upland property, supporting single-family development. However, a wetland delineation identified one large wetland, limiting the location of a new public cul-de-sac. Staff and the applicant have worked together to minimize impacts on the wetland setbacks while eliminating impacts to the delineated wetland. The new lot contains a buildable area outside of the wetland setback requirements. 4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required in this article. Water supply and sewage will be handled onsite with private wells and septic systems. The remaining provisions are provided for within the proposed subdivision. 5. The proposed subdivision will not cause substantial environmental damage. The delineated wetlands are protected by the wetland buffer and setback ordinance. The public road encroachment is anticipated to remain outside the 25-foot buffer and will only impact the 20-foot buffer setback. This encroachment was approved by the Board of Adjustments on October 28, 2025. 6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. The subdivision will not conflict with easements of record. 7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land. The proposed subdivision will not have an adverse impact on the reasonable development of neighboring land. Numerous adjacent parcels have completed a similar action by splitting a 5-acre parcel into two lots. The proposed action is consistent with the area. 8. The proposed subdivision is not premature. A subdivision is premature if any of the following exist: a. Lack of adequate stormwater drainage. b. Lack of adequate roads. c. Lack of adequate sanitary sewer systems. d. Lack of adequate off-site public improvements or support systems. The addition of one buildable lot at this location is not premature as the existing infrastructure can support the uses. The project also requires the construction of a new cul-de-sac to improve the functionality of the existing Queen Street. Page 149 of 379 In reviewing the standards for approval of a plat and the recommended conditions of approval, the proposed project meets the standards and is recommended for approval. Financial Impact None Mission/Policy/Goal Responsibly grow. Support the growth and development of the community. Attachments 1. Location Map 2. Perkins Acres Plat 3. Perkins Acres Plat Resolution 4. Presentation Page 150 of 379 Page 151 of 379 守宊 宐宋宆宒 宐宋 宄宆 宆宒 宆宒 宆宒 宆宒 宆宒 宆宒 宆宒 安守宖安守宖官 官 定守 宏 宏 孼孶孹孼孶孻孼孷孳孼孷孵孼孷孵孼孷孳孼孶孻孼孶孹孼孷孵孼孷孷孼孷孹孼孷孻孼學孳孼學孵孼孷孵孼孷孳孼孶孻孼孶孻孼孷孳孼孷孵孼孷孷孼孶孷 孼孶孹 孼孶孻 孼孷孳 孼孷孵 孼孷孷 孼孶 孷 孼孶孹孼孶孻孼孷孳孼孷孵孴孼孳孱孳孷孳孼孱孴孷孷孵孱孻孶孶孱孳孳孶孶孱孳孳宓宵宲害宲家宨宧季宆宸宯孰宧宨孰家室宦孹孳孱孳孹孳孱孳 宓宲宷宨宱宷宬室宯季宅宸宬宯宧宬宱宪季宖宬宷宨宓宲宷宨宱宷宬室宯季宖宨害宷宬宦季宄宵宨室 孶孳孱孳 學孳孱孳孹孵孱學 守宧宪宨季宲宩季定宨宷宯室宱宧季宧宨宯宬宱宨室宷宨宧 宥宼季宅宲宪室宵宷孯季宓宨宧宨宵家宲宱季孩 宄家家宲宦宬室宷宨家孯季完宱宦孱 宓宵宲害宲家宨宧季宇宵宬容宨宺室宼孴孴孺孱孺 孴孷學孱孶 孴孳孵孱孹孶孵孱孺 守宻宬家宷宬宱宪 宋宲宸家宨 守宻宬家宷宬宱宪 宊室宵室宪宨 LOT 2 LOT 1 孫寲孵孱孳孼季室宦宵宨家孬 孫寲孵孱孵孴季室宦宵宨家孬 196TH AVENUE NW孶孶孶孶孶孶孶孶宖宲宸宷宫宺宨家宷季宦宲宵宱宨宵季宲宩季宷宫宨 守室家宷季宋室宯宩季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷 宔宸室宵宷宨宵季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷宔宸室宵宷宨宵季宲宩季宖宨宦宷宬宲宱季孶孳孯 宗宲宺宱家宫宬害季孶孶孯季宕室宱宪宨季孵孹 宖宲宸宷宫季宯宬宱宨季宲宩季宷宫宨季守室家宷季宋室宯宩 宲宩季宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩 宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩宖宨宦宷宬宲宱季孶孳孯季宗宲宺宱家宫宬害季孶孶孯宕室宱宪宨季孵孹 宖宲宸宷宫宨室家宷季宦宲宵宱宨宵季宲宩季宷宫宨季守室家宷宋室宯宩季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷 宔宸室宵宷宨宵季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷 宔宸室宵宷宨宵季宲宩季宖宨宦宷宬宲宱季孶孳孯宗宲宺宱家宫宬害季孶孶孯季宕室宱宪宨季孵孹守室家宷季宯宬宱宨季宲宩季宷宫宨季守室家宷季宋室宯宩季宲宩宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩宖宨宦宷宬宲宱季孶孳孯季宗宲宺宱家宫宬害季孶孶孯宕室宱宪宨季孵孹宑宲宵宷宫季宯宬宱宨季宲宩季宷宫宨季守室家宷季宋室宯宩 宲宩季宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩 宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩 宖宨宦宷宬宲宱季孶孳孯季宗宲宺宱家宫宬害季孶孶孯 宕室宱宪宨季孵孹 定宨家宷季宯宬宱宨季宲宩季宷宫宨季守室家宷季宋室宯宩季宲宩宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩宖宨宦宷宬宲宱季孶孳孯季宗宲宺宱家宫宬害季孶孶孯宕室宱宪宨季孵孹孶孺孱孷孴孻孳孱孹孵孹孼孱孷 B L O C K 1 QUEEN STREET NW孵孻孼孱孹孵孹孱孷 孶孳孶孱孹 孶孳 孶孳 孶孷孯孴孶孵季家宴孱宩宷孱 孵孳孼孱孶宕宀學孳孱孳 宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷 宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷 宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷 宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷宓宵宲害宲家宨宧季宇宵室宬宱室宪宨室宱宧季官宷宬宯宬宷宼季守室家宨宰宨宱宷孴孳孴孳 孴孳 孴孳 孴孳孴孳 孴孳 孴孳孴孳孴孳 孴孳 守宧宪宨季宲宩季定宨宷宯室宱宧季宧宨宯宬宱宨室宷宨宧 宥宼季宅宲宪室宵宷孯季宓宨宧宨宵家宲宱季孩宄家家宲宦宬室宷宨家孯季完宱宦孱 定守宗宏宄宑宇 定守宗宏宄宑宇 孵孵孶孱孵孷 孳 孱 孵 孵孶孵孱孷孼孻孱孳 孵學孱孳 孵學孱孳 孵學孱孳孵 學 孱 孳 孵學孱孳孵學孪季定宨宷宯室宱宧季宅宸宩宩宨宵孵學孪季定宨宷宯室宱 宧 季 宅 宸 宩 宩 宨 宵 學 孳 孱 孳 孶學孱孳 孶孹孱孴 孫宷宲季宥宸宩宩宨宵孬孼孷孳孼孶孻 孴孳 孴孴孴孱孼 孼孺孱孷孴孳 孴孳孴孳孴孳 寲孼孴孯孵孴孻季家宴孱宩宷孱 寲孼孹孯孳孹孹季家宴孱宩宷孱 孹孱孶 學孳孱孳 PERKINS ACRES 安宒宕孽 宄宏宏守宑季宓守宕宎完宑宖 孴孶孼孶孺季孴孼孹宗宋季宄宙守宑官守季宑定孯 守宏宎季宕完宙守宕孯季宐完宑宑守宖宒宗宄 孴孴孻孺孹季守宙守宕宊宕守守宑季宆完宕宆宏守季宑定 宆宒宒宑季宕宄宓完宇宖孯季宐宑季學學孷孷孻宗守宏季孹孴孵孰孺孴孻孰孴孹孼孻定定定孱宑宒宕宗宋定完宑宇宏宖孱宆宒宐 孳孴學孶孳 孹孳 宊宕宄宓宋完宆季宖宆宄宏守 孫完宑季安守守宗孬 宇室宷宨 宕宨容宬家宬宲宱 宅宼 宍宲宥季学孵學孳孻孳孶 宇室宷宨孽季孼孲孵孷孲孵孳孵學 宇宵室宺宱季宅宼孽季宎宆宐 宗宫宨季守室家宷季宋室宯宩季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩季宷宫宨季宑宲宵宷宫宺宨家宷季宔宸室宵宷宨宵季宲宩季宷宫宨季宑宲宵宷宫宨室家宷季宔宸室宵宷宨宵季宲宩季宖宨宦宷宬宲宱季孶孳孯 宗宲宺宱家宫宬害季孶孶孯季宕室宱宪宨季孵孹孯季宖宫宨宵宥宸宵宱宨季宆宲宸宱宷宼孯季宐宬宱宱宨家宲宷室孱 EXISTING PARCEL DESCRIPTION: 孴孱 宓室宵宦宨宯季完宧宨宱宷宬宩宬宦室宷宬宲宱季宑宲孱季孺學孰孳孳孴孶孳孰孴孵孳孹孵孱 宅宨室宵宬宱宪家季家宫宲宺宱季宫宨宵宨宲宱季室宵宨季宬宱季宵宨宩宨宵宨宱宦宨季宷宲季宷宫宨季宖宫宨宵宥宸宵宱宨季宆宲宸宱宷宼季宆宲宲宵宧宬宱室宷宨宖宼家宷宨宰孱 孶孱 宗宫宨季宷宲宷室宯季家宸宵容宨宼宨宧季害室宵宦宨宯季宦宲宱宷室宬宱家季學孱孳孶季室宦宵宨家孱 孷孱 宗宫宬家季家宸宵容宨宼季宺室家季害宵宨害室宵宨宧季宺宬宷宫宲宸宷季宷宫宨季宥宨宱宨宩宬宷季宲宩季室季宷宬宷宯宨季宦宲宰宰宬宷宰宨宱宷孱季季宗宫宨季家宸宵容宨宼宨宧害室宵宦宨宯季宰室宼季宥宨季家宸宥宭宨宦宷季宷宲季室宧宧宬宷宬宲宱室宯季宨室家宨宰宨宱宷家孯季宦宲容宨宱室宱宷家孯季宵宨家宷宵宬宦宷宬宲宱家季宲宵季宰室宷宷宨宵家宲宷宫宨宵季宷宫室宱季宷宫宲家宨季家宫宲宺宱季宫宨宵宨宲宱孱季季宗宫宬家季家宸宵容宨宼季宬家季家宸宥宭宨宦宷季宷宲季宵宨容宬家宬宲宱季宸害宲宱季宵宨宦宨宬害宷季室宱宧 宵宨容宬宨宺季宲宩季室季宷宬宷宯宨季宦宲宰宰宬宷宰宨宱宷孱 學孱 守宻宬家宷宬宱宪季宦宲宱宷宲宸宵家季家宫宲宺宱季宫宨宵宨宲宱季室宵宨季害宨宵季宏宬宧室宵季宧室宷室季害宵宲容宬宧宨宧季宥宼季宷宫宨季宐宬宱宱宨家宲宷室宇宨害室宵宷宰宨宱宷季宲宩季宑室宷宸宵室宯季宕宨家宲宸宵宦宨家孱 孹孱 宗宫宨季宺宨宷宯室宱宧季家宫宲宺宱季宫宨宵宨宲宱季宺室家季宧宨宯宬宱宨室宷宨宧季宥宼季宅宲宪室宵宷孯季宓宨宧宨宵家宲宱季孩季宄家家宲宦宬室宷宨家孯季完宱宦孱 宬宱季孵孳孵學孱 NOTES: 宇宨宱宲宷宨家季宒容宨宵宫宨室宧季官宷宬宯宬宷宼季宏宬宱宨宇宨宱宲宷宨家季宖宷宲宵宰季宖宨宺宨宵季宓宬害宨宇宨宱宲宷宨家季守宻宬家宷宬宱宪季宆宲宱宷宲宸宵宇宨宱宲宷宨家季宕宨宷室宬宱宬宱宪季定室宯宯 宇宨宱宲宷宨家季安宲宸宱宧季完宵宲宱季宐宲宱宸宰宨宱宷 宇宨宱宲宷宨家季安宯室宵宨宧季守宱宧季宖宨宦宷宬宲宱 宇宨宱宲宷宨家季宆宯宨室宱宲宸宷 宇宨宱宲宷宨家季宓宲宺宨宵季宓宲宯宨宇宨宱宲宷宨家季宐宬家宦孱季宖宬宪宱宇宨宱宲宷宨家季宊室家季宐宨宷宨宵 宇宨宱宲宷宨家季守宯宨宦宷宵宬宦季宐宨宷宨宵 宇宨宱宲宷宨家季定宨宯宯 宇宨宱宲宷宨家季宗宨宯宨害宫宲宱宨季宅宲宻 宇宨宱宲宷宨家季宐宬家宦孱季宐室宱宫宲宯宨 LEGEND 宆宒 定守宏宏 宐宋 宇宨宱宲宷宨家季宅宬宷宸宰宬宱宲宸家季宖宸宵宩室宦宨 宇宨宱宲宷宨家季官宷宬宯宬宷宼季宅宲宻官 宄宆 宇宨宱宲宷宨家季宄宬宵季宆宲宱宧宬宷宬宲宱宨宵 宇宨宱宲宷宨家季定宨宷宯室宱宧季宧宨宯宬宱宨室宷宨宧季宥宼季宅宲宪室宵宷孯季宓宨宧宨宵家宲宱季孩季宄家家宲宦宬室宷宨家孯季完宱宦孱季宬宱季孵孳孵學 宐宬宱宱宨家宲宷室季宇宨害室宵宷宰宨宱宷季宲宩季宗宵室宱家害宲宵宷室宷宬宲宱宊宖完宇季宖宷室宷宬宲宱季学孶孳學孵孹季孫宑室宰宨孽季宒宊宇守宑季宐宑孴孷孴孬 守宯宨容室宷宬宲宱孽季孼孴學孱孷孶季孫宑宄宙宇季孻孻孬 BENCHMARK 完季宫宨宵宨宥宼季宦宨宵宷宬宩宼季宷宫室宷季宷宫宬家季家宸宵容宨宼孯季害宯室宱季宲宵季宵宨害宲宵宷季宺室家季害宵宨害室宵宨宧季宥宼 宰宨季宲宵季宸宱宧宨宵季宰宼季宧宬宵宨宦宷季家宸害宨宵容宬家宬宲宱季室宱宧季宷宫室宷季完季室宰季室季宧宸宯宼季宯宬宦宨宱家宨宧宯室宱宧季家宸宵容宨宼宲宵季宸宱宧宨宵季宷宫宨季宯室宺家季宲宩季宷宫宨季宖宷室宷宨季宲宩季宐宬宱宱宨家宲宷室孱 宖宬宪宱宨宧孽季季宑宲宵宷宫宺宬宱宧季宏室宱宧季宖宸宵容宨宼宬宱宪孯季宏宏宆 宅宼孽季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季季宎宨容宬宱季宆孱季宐宦宆室宬宱孯季宏宬宦孱季宑宲孱季學孻學孷孵 宇室宷宨孽季季季季季季季季季季季季季季季季季季季季季季季季季孼孲孵孹孲孵孳孵學 宇宨宱宲宷宨家季宖宨宷季宕宨宥室宵孯季宐室宵宮宨宧季宕宏宖季学學孻學孷孵 宓宕守宏完宐完宑宄宕宜季宓宏宄宗季宒安孽 宕孴室守宛完宖宗完宑宊季宝宒宑完宑宊 孳孱孷孳季宏宒宗宖孲宄宆孱宊宕宒宖宖季宏宒宗季宇守宑宖完宗宜 寲學孱孳孶季宄宆孱 宗宒宗宄宏季宑官宐宅守宕季宒安季宏宒宗宖 宗宒宗宄宏季宖完宗守季宄宕守宄 SITE DATA 孵 寲孷孱孶孳季宄宆孱宗宒宗宄宏季宏宒宗季宄宕守宄 季宖宐宄宏宏守宖宗季宏宒宗 寲孼孴孯孵孴孻季宖孱安孱 季宏宄宕宊守宖宗季宏宒宗 寲孼孹孯孳孹孹季宖孱安孱 季宄宙守宕宄宊守季宏宒宗 寲孼孶孯孹孷孵季宖孱安孱 寲孳孱孺孶季宄宆孱宗宒宗宄宏季宕完宊宋宗季宒安季定宄宜季宄宕守宄 孴孳孲孵孺孲孵學 宓宨宵季宆宯宬宨宱宷季宆宲宰宰宨宱宷家 宎宆宐 宇宨宱宲宷宨家季孵學季宩宷孱季定宨宷宯室宱宧季宅宸宩宩宨宵季宄宵宨室 孴孴孲孴孶孲孵學 宓宨宵季宆宬宷宼季宆宲宰宰宨宱宷家 宎宆宐Page 152 of 379 City of Elk River City Council Resolution 25-67 A Resolution of the City Council of the City of Elk River Granting Plat Approval for Perkins Acres, Case No. P 25-24 WHEREAS, application has been made for plat approval, pursuant to Section 30- 391 of the Elk River City Code of Ordinances of the property legally described on attached Exhibit A and hereinafter referred to as “the Property”; and WHEREAS, the proposed plat complies with each of the conditions set forth by the City Council in its approval of the plat of the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: A. The proposed subdivision is consistent with Chapter 30 of the City Code of Ordinances and conforms with all its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the city’s Comprehensive Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. D. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control and all other services, facilities and improvements otherwise required herein. E. The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. Page 153 of 379 G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. 1. Final plat approval is hereby granted for the Property. 2. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. 3. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. 4. This final plat approval shall expire two years from the date of this resolution if the final plat is not recorded within that time. Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 154 of 379 EXHIBIT A LEGAL DESCRIPTION The East Half of the Northwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 30, Township 33, Range 26, Sherburne County, Minnesota. Page 155 of 379 EXHIBIT B CONDITIONS OF APPROVAL 1. Staff approval of all civil plans supporting construction of the public cul-de-sac. 2. The applicant must enter into a development contract with the city regarding the construction of the cul-de-sac. 3. Park dedication shall be paid for one new single-family parcel. Page 156 of 379 Perkins Acres Plat Page 157 of 379 Page 158 of 379 Background §Applicant, Allen Perkins, proposes splitting the existing 5-acre parcel into two buildable lots. §Minimum lot size of 2.5 acres §Variances approved for two lots at 2.09 and 2.21 acres, and encroachment into the wetland setback/buffer to support construction of a cul-de-sac. §BOA approval on October 28, 2025. §Staff and applicant worked together on a proposed smaller cul-de- sac design. Page 159 of 379 Page 160 of 379 2.41 Ac. 2.41 Ac. 2.41 Ac. 2.48 Ac. ~328’ Wide ~328’ Wide Page 161 of 379 Page 162 of 379 Park and Recreation Commission §Park and Rec Commission recommend one lot for dedication and a trail easement to be determined by staff and council. §Trail master plan includes a potential trail along 196 th Ave but does not determine a side of the road. §Plat dedicates right-of-way for 196th Ave §Trails typically located within right-of-way. §Current recommendation does not include the trail easement requirement, but Council can add a requirement for a 10 to 20-foot easement. §This has been a requirement for parcels that are split and when a side of the road has been determined. Page 163 of 379 Page 164 of 379 Page 165 of 379 Action Requested §Staff recommends approval of the plat with the conditions noted in the memo. Page 166 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.2 Meeting Date November 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Variance: Side Yard Setback, Tim St. Claire - 19072 Baldwin St NW Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Direct staff to draft a resolution making findings of fact, denying the side yard setback variance, as the standards for approval, as noted below, are not met. The City Council would consider the resolution on December 1, 2025. 1. Not maintaining adequate separation between structures for safety, access, neighborhood consistency, and utility needs does not meet the general purpose and intent of the ordinance. 2. The property is guided for residential uses, which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. 3. Expanding the deck can also be accomplished without requiring a variance, but expanding the nonconformity is not necessary to allow reasonable use of the property. 4. The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks within the required setbacks. 5. Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. Or, If the City Council disagrees with the Board of Adjustments' decision and the standards for approval have been met, the Council can approve the variance, and staff would recommend a condition of approval that the existing non-conforming deck, when rebuilt, would need to stay out of the easement, which the applicant would be willing to do. Background/Discussion The applicant has requested a variance to allow the construction of a new deck, which would increase the size of the existing, nonconforming deck at 19072 Baldwin Street NW. The proposed additional deck would encroach further into the required side yard setback than what is permitted by the city code. The applicant cites the lot configuration and existing home placement as limiting factors in meeting the standard setback requirement. Page 167 of 379 Board of Adjustments The Board of Adjustments (BOA) reviewed the application at its October 28, 2025, regular meeting and denied the variance request. The city code states that decisions by the Board to deny a variance shall not be final and must be reviewed by the City Council in the same manner as an appeal of a decision by the Board. The Board cited the following findings: ▪ Not maintaining adequate separation between structures for safety, access, neighborhood consistency, and utility needs does not meet the general purpose and intent of the ordinance. ▪ The property is guided for residential uses, which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. ▪ Expanding the deck can also be accomplished without requiring a variance, but expanding the nonconformity is not necessary to allow reasonable use of the property. ▪ The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks within the required setbacks. ▪ Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. Public Hearing The applicant spoke in support of their application, adding that the additional space would support family gatherings and time outdoors. The BOA asked the applicant if they had spoken with the adjacent property owner on the deck side. The applicant stated that they had, and that the neighbor expressed no concerns regarding the request. However, the deck-side property owner later addressed the BOA and expressed concerns about potential limitations to emergency vehicle access behind the home if the variance were approved, as well as the possible impact a deck in proximity could have on the property’s resale value. For clarification, the applicant had spoken with the renters of the property, not the owner. Staff noted that the existing deck does not meet current setback requirements and is considered legal nonconforming (grandfathered) and is located approximately one foot into the easement. The placement of planters, the existing deck, and the neighboring property’s retaining wall already restrict access for emergency vehicles. Since the Board of Adjustments Meeting Staff met with the applicant on site to discuss the site conditions that make it difficult to stay entirely within the current setbacks. They pointed out the following: ▪ Existing spigot location: The spigot on the northeast side of the house limits how far the deck can be shifted in that direction without significant utility modification. This is in response to a solution staff suggested to the BOA. ▪ Fixed swing set: The swing set in the northwest corner of the parcel restricts usable space and prevents shifting the deck footprint further west. ▪ Window load concerns: The two 8-foot windows on the northwest wall require the deck structure to be positioned and supported in a way that avoids placing excessive load on the window framing, limiting available placement options. Also, constructing the deck around the rear of the house would utilize the minimal usable flat yard they have on site. Staff have included several photographs of current site conditions, along with an exhibit provided by the applicant illustrating these elements. The applicant also indicated that the deck reconstruction is being pursued in part due to their plans to adopt a child. Page 168 of 379 Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Board of Adjustments Staff Report 10-28-2025 2. Applicant Comments 3. Construction Limitation Exhibit 4. Site Photos 5. Home Safety Checklist Guidance 6. Presentation Page 169 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.1 Meeting Date October 28, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Variance: Side Yard Setback, Tim St. Claire - 19072 Baldwin St NW Reviewed by Zack Carlton Action Requested Deny, by motion, the proposed variance to permit encroachment into the side yard setback, allowing construction of a deck, as the following standards have not been satisfied: 1. Not maintaining adequate separation between structures for safety, access, neighborhood consistency, and utility needs does not meet the general purpose and intent of the ordinance. 2. The property is guided for residential uses which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. 3. Expanding the deck can also be accomplished without requiring a variance but expanding the nonconformity is not necessary to allow reasonable use of the property. 4. The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks within the required setbacks. 5. Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. Background/Discussion The applicant is requesting a variance to allow construction of a new deck which increases the size of the existing, non-conforming, deck at 19072 Baldwin Street NW. The proposed deck would encroach further into the required side yard setback than what is permitted by city code. The applicant cites the lot configuration and existing home placement as limiting factors in meeting the standard setback requirement. The subject property is a residential lot located within a developed neighborhood with an existing deck that is considered a legal nonconforming structure. The applicant proposes to replace, and enlarge, the existing deck with portions of the deck proposed to be 4-feet and 5.5-feet away from the property line, resulting in an increased encroachment into the required side yard setback of 10-feet. There is also a 5-foot drainage and utility easement along the property line. The zoning regulations allow maintenance or replacement of a legal nonconforming structure but prohibit expansion of nonconformity unless a variance is granted. Page 170 of 379 Applicable Regulations Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and Applicants’ response: The variance request supports the intent of the ordinance by allowing safe and functional use of the property in a residential manner. The deck expansion is modest, consistent with the surrounding neighborhood, and does not create adverse impacts on adjacent properties. The purpose of setback requirements is to maintain adequate separation between structures for safety, access, neighborhood consistency, and utility needs. The proposed deck expansion would further reduce the required side yard separation, conflicting with the intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. Applicants’ response: The variance supports reinvestment in existing housing, enhances neighborhood livability, and maintains the residential character of the community. The proposed deck expansion is consistent with the Comprehensive Plan’s goals for preserving and improving established neighborhoods. The property is guided for residential uses, which includes decks, and the property is currently improved with a home and deck that provide reasonable residential use. Expanding a deck to 5.5 feet away from the property line does not align with the Comprehensive Plan’s goals for orderly development and protection of infrastructure. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Applicants’ response: A modest deck enlargement is a common and reasonable residential use. Strict application of the setback requirement would prevent the property owner from improving their home with a safe and functional outdoor living space that is typical in the neighborhood. The property is currently improved with a home and deck that provide reasonable residential use. While the existing deck is smaller than desired, it may be maintained or replaced within its current footprint without requiring a variance and expanding the deck can also be accomplished without requiring a variance. Expanding the nonconformity is not necessary to allow reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the petition's own action or inaction; and Applicants’ response: The lot layout and placement of the existing home limit the available space for deck expansion. These conditions are unique to the property and were not created by the current owner. The lot configuration and existing house placement are not unique among properties in this neighborhood. Many nearby homes have similar layouts and conforming decks or patios within the required setbacks. A compliant deck could be designed without the need for a variance (see Staff Exhibit A). Therefore, the circumstances are not unique and appear to result from the homeowner’s preference for a larger structure Page 171 of 379 rather than from the physical constraints of the property. 5. The variance, if granted, will not alter the essential character of the locality. Applicants’ response: The proposed deck will be similar in scale, design, and use to other decks in the neighborhood. It will not change the residential character of the area or negatively affect adjacent properties. The existing deck is similar in size and placement to many others in the surrounding neighborhood. Enlarging the deck to encroach further into the setback could disrupt the established pattern of separation between structures, potentially altering the visual and spatial character of the area. Based on the findings above, staff recommend denial of the requested variance to allow construction of a deck that further encroaches into the required side yard setback at 19072 Baldwin Street NW. The request does not meet the city criteria for granting a variance. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map 2. Applicant's Narrative 3. Site Plan 4. Staff Exhibit A Page 172 of 379 Page 173 of 379 Requesting a variance from the City of Elk River zoning setback requirements to allow construction of a new deck larger than the existing deck at 19072 Baldwin Street NW. The proposed deck will encroach further into the setback than permitted by code. The variance is sought due to the lot configuration and the placement of the existing house, which limit compliance with the standard setback requirement. Legal Description of Property Deerfield 3rd Addition, Block 11, Lot 23, Sherburne County, Minnesota The narrative is your opportunity to describe, promote, and sell your proposal to the Board of Adjustment and City Council (if needed) and should explain your request in detail and how the five criteria are met in order to be granted a variance. The property owner proposes to replace the existing deck with a slightly larger deck. The proposed design requires a variance from the rear yard setback due to the lot configuration and house placement. The variance is necessary to allow a safe, functional, and typical outdoor living space. This request is in harmony with the purpose and intent of the zoning ordinance because it maintains safe, functional residential use while preserving neighborhood character. It is consistent with the City of Elk River Comprehensive Plan by supporting reinvestment in existing housing and enhancing neighborhood livability. The project represents a reasonable residential use not permitted by strict application of the ordinance. The unique lot configuration and placement of the existing house create practical difficulties beyond the control of the owner. Finally, granting the variance will not alter the essential character of the locality, as the deck will remain consistent in scale and design with others in the neighborhood. A variance may be granted by the board only if it finds that: The variance is in harmony with the general purpose and intent of the ordinance The variance request supports the intent of the ordinance by allowing safe and functional use of the property in a residential manner. The deck expansion is modest, consistent with the surrounding neighborhood, and does not create adverse impacts on adjacent properties. The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff if needed) The variance supports reinvestment in existing housing, enhances neighborhood livability, and maintains the residential character of the community. The proposed deck expansion is consistent with the Page 174 of 379 Comprehensive Plan’s goals for preserving and improving established neighborhoods Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance A modest deck enlargement is a common and reasonable residential use. Strict application of the setback requirement would prevent the property owner from improving their home with a safe and functional outdoor living space that is typical in the neighborhood. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The lot layout and placement of the existing home limit the available space for deck expansion. These conditions are unique to the property and were not created by the current owner. The variance, if granted, will not alter the essential character of the locality The proposed deck will be similar in scale, design, and use to other decks in the neighborhood. It will not change the residential character of the area or negatively affect adjacent properties. Page 175 of 379 Page 176 of 379 Page 177 of 379 From:Timothy St. ClaireTo:Chris LeesebergCc:Minda St. ClaireSubject:Re: St Claire DeckDate:Wednesday, November 5, 2025 4:15:21 PMAttachments:St.claire_DeckVariance_ConstructionLimitation.PDF3.c-Home-Safety-Checklist-Guidance.pdfHi Chris,Thank you again for taking the time to visit our home and discuss the deck variancerequest. We really appreciate your feedback throughout this process.As we mentioned during the visit, there are several site conditions that make it challenging to design a deck that stays entirely within the current setback requirements: Existing spigot location: The spigot on the northeast side of the house limits how far the deck can be shifted in that direction without significant utility modification. Fixed swing set: The anchored swing set in the northwest corner restricts usable space and prevents shifting the deck footprint further west. Window load concerns: The two 8-foot windows on the northwest wall require the deck structure to be positioned and supported in a way that avoids placing excessive load on the window framing, limiting available placement options. This variance request is particularly important to our family because we are currently in the process of adopting a child. As part of the home study requirements, our deck must be rebuilt to meet safety and structural standards. Specifically, Physical Environment sections 7 and 8 (free of potential safety hazards) would be of most concern. The current deck cannot have a functioning gate attached to the stairs and is part of our emergency exit plan for both upstairs bedrooms. Approving this deck variance will allow us to meet the requirements needed to welcome a new child into our home. Thank you again for your time and consideration Please let us know if any additional information would be helpful as the process continues. Warm regards, Tim St. Claire From: Chris Leeseberg <CLeeseberg@ElkRiverMN.gov> Sent: Monday, November 3, 2025 1:25:09 PM Page 178 of 379 Page 179 of 379 Page 180 of 379 Page 181 of 379 Page 182 of 379 Page 183 of 379 Page 184 of 379 Page 185 of 379 Page 186 of 379 Page 187 of 379 Page 188 of 379 Page 189 of 379 DHS-8474 1 Child Foster Care Home Safety Checklist – Guidance This document is to provide clarification regarding items on the home safety checklist. It can be used by licensing agencies completing initial and ongoing assessment and placing agencies for the purpose of an emergency relative placement. Applicants or license holders may also find these clarifications helpful in preparing for initial licensure and meeting ongoing home safety requirements. Generally, a variance should not be approved for items on the home safety checklist but may be considered on a case-by-case basis and after consultation with licensing triage. Emergency Procedures 1. A list of emergency phone numbers - it is recommended that applicants and license holders use the DHS Foster Care Emergency Escape Plan form. If not using that form, the emergency procedures document: o Must include 911 and local phone numbers for non-emergency police, fire departments, and poison control. o May also include phone numbers for the family’s local clinic or hospital, mental health crisis, family emergency contacts, placing worker contact information, and the placing county’s after- hours/emergency number. o Must be posted in a location known by everyone in the home and a copy kept in the family’s file. 2. A written fire/emergency escape plan - it is recommended to use the DHS Foster Care Emergency Escape Plan form. If not using that form, the fire/emergency escape plan must document: o A meeting place outside to determine if anyone is missing o Where the family would meet during a storm or tornado o Where the family would take temporary shelter if needed o Locations of smoke detectors and fire extinguishers o An acknowledgment for child foster care from all applicants and license holders that for placement of a child at risk of starting fires, they will comply with locking and removing all fire-starting objects and discuss with the case manager the need for a supervision plan The form must be clear and list specific addresses, if applicable (not “grandma’s house”). If areas on the form aren’t applicable, indicate this, rather than leave it blank. The plan must also include a floor plan clearly indicating the location of doors and windows and emergency evacuation routes with arrows. The plan must include all levels of the home, including unfinished basements. This must be posted in a location known by everyone in the home and a copy kept in the family’s file. Page 190 of 379 Child Foster Care Home Safety Checklist – Guidance 2 3. An operable flashlight and radio or television set that does not require electricity – these items must be accessible in the home and be charged or have working batteries. A cell phone may be used as a flashlight if it remains charged at all times. Using a cell phone as a radio/TV source is not allowed as there may be problems with reception. Hand crank radios with flashlights are great resources to meet both these requirements and may also include charging capability. 4. Accessible First Aid Supplies - at a minimum the following items must be accessible to everyone in the home: bandages, scissors, ice bag or cold pack, oral or surface thermometer, mild liquid soap, and adhesive tape. The CDC provides a list of basic first aid supplies recommended to be in every home. 5. An operable telephone - there must be an accessible phone in the home for emergencies. This may be a cell phone, there is no requirement for a landline. Personal cell phones typically only used by the license holder may not be used as the phone for the household. The phone must be centrally located in the home and always charged and accessible for all members of the family, including foster children. Some families achieve this by purchasing an inexpensive prepaid cell phone, however, the phone must always have “minutes” available. Smart speakers, such as an Alexa or Echo, cannot be used for this purpose as they are dependent on a power source and Wi-Fi accessibility. Nonactive cell phones cannot be used for this purpose, even if they can call 911. If the phone is a landline or one that relies on electricity, families need to have a plan for having an accessible phone in the event of an extended power outage. A cell phone is an appropriate back up plan. Physical Environment 1. Exit doors and windows are not obstructed and easily opened from the inside - rooms used for sleeping need at least two ways to exit. Generally, this is a door and one window large enough for egress (to exit). Nothing can be blocking windows or doors in sleeping rooms for foster children or exits identified on the emergency escape plan. Windows and doors must be able to open. If there is only one window in the bedroom, it cannot be blocked by an air conditioner. During each home safety inspection, the applicant or license holder can open the windows to ensure they open and close in a reasonable fashion. Cranks must be present on windows that require them. Licensors are not required to measure windows, however if they visibly look too small for egress, there is reasonable cause for a fire marshal inspection. It is generally not recommended to have plastic coverings on windows; however, they are approved by the fire marshal if they are transparent, only attached from the inside with two-sided tape, Velcro, or static cling, and have enough material overhanging on all sides to allow grabbing it from any direction for easy removal. 2. Wiring appears safe, no known hazards exist – there must be no electrical hazards such as open wiring, missing switch plates, or holes where light fixtures would be. If there are questions, licensors can take pictures and consult with the fire marshal to determine if an inspection is needed. Page 191 of 379 Child Foster Care Home Safety Checklist – Guidance 3 3. Extension cords are appropriately used and are not used in place of permanent wiring - Extension cords may be used for temporary purposes such as holiday lights. If there are questions, licensors can take pictures and consult with the fire marshal to determine if an inspection is needed. 4. A fire extinguisher is maintained in the home – The fire extinguisher must be a minimum rating of 2A:10BC. The number in front of “A” cannot be lower than “2” and the number in front of “BC” cannot be lower than “10”. National Fire Protection Association provides more information on fire extinguisher ratings. For applicants or license holders who live in an apartment, the fire extinguisher must be located inside the individual apartment. The extinguisher located in the apartment building hallway does not meet this requirement. An annual inspection and retag is required by a professional certified contractor. A certified contractor may be difficult to locate. Searching online will identify private companies that service them mainly for businesses and large buildings. It is advised to call one of these companies or the local fire department to determine if they do annual inspections for residential-grade extinguishers. If unable to find a certified contractor, licensor holders will need to purchase a new fire extinguisher annually. Documentation of monthly inspections is not a requirement; however, the below information provides guidance to license holders on what to look for during a monthly visual inspection: o Extinguishers are in their designated place – this can be near but not in the kitchen, easily reachable, not stashed behind anything, and standing upright. o The expiration date has not passed, and replacement or recharge/service is not needed– • Non-rechargeable extinguishers expire 12 years from the manufacture date stamped on the bottom of the device or sooner if inspection warrants it. • Rechargeable/serviceable extinguishers “expire” and must be serviced and recharged every six years or sooner if inspection warrants it. o Pressure gauge readings are in the proper range or position o Push-to-test pressure indicators on non-rechargeable extinguishers are tested, if applicable o Safety seals are not broken or missing, and the pin is in the handle, if applicable o There is no evidence of physical damage, corrosion, leakage, or clogged nozzle. o Operating instructions are legible and face outward 5. All smoke detectors work and are properly installed on all levels of the home – all smoke detectors must be tested, even if they are hardwired together. At a minimum, there must be at least one smoke detector on each level of the home and in hallways outside sleeping rooms. Smoke detectors must be replaced every 10 years. Carbon monoxide detectors are not part of the home safety checklist requirement and not monitored by licensing but will be a requirement if a fire marshal inspection is completed. 6. Interior doors can be unlocked from the outside - all interior doors are checked for locks and the applicant or license holder can demonstrate or explain how they can unlock an interior door from the outside and how they will ensure keys or other hardware needed to unlock the door is always available Page 192 of 379 Child Foster Care Home Safety Checklist – Guidance 4 and accessible. An interior door that locks from the outside (for instance a closet or room not meant for children to access), must also be able to be unlocked from the inside. This is to avoid a child being intentionally or accidentally locked inside a room or closet. Under no circumstances can a padlock be used on a door to an interior room. 7. The home is clean and free from accumulations of dirt, garbage, peeling paint, vermin, and insects - the home must also be free of animal feces and urine. A walk-through of all rooms of the home must be completed to assess any obvious hazards in addition to general cleanliness. It is assumed that foster children could have access to all areas of the home, even if the applicant or license holder indicates that the area will not be accessible to foster children. If a door is locked, a licensor must inquire as to what is kept behind the locked door and request to see inside the room to assess for any safety hazards. 8. The outside property is free from debris and safety hazards. Exterior stairs and walkways are free of ice and snow - A walk-through around the property must be completed to determine any potential safety hazards. Outside egress windows cannot be filled with snow. Ensure if there are items stored on the property, they are not hazardous or dangerous. If the home has a hot tub, wading or swimming pool discuss household rules around access and use of the pool and how adult supervision will always be provided. Confirm the applicant or license holder understands they will need to meet the individualized water safety supervision needs for each child placed in the home. Confirm the applicant or license holder does the appropriate maintenance needed to prevent infectious diseases. Document this on the home safety checklist. 9. Fireplaces, wood-burning stoves, and hot surfaces that could cause burns are protected by guards when in use - discuss whether fireplaces are used and when or if there has been a change in the operation or use of an existing fireplace or wood-burning stove. Determine if a fire safety inspection is required according to the triggers in Minnesota Rules, part 2960.3050. A gas or electric fireplace, radiator, or hot water baseboard may still need a guard to avoid exposure to a hot surface. 10. The heating system in the home is maintained and in good working condition – licensors must observe furnaces or other heating systems for any obvious hazards and discuss with the applicant and license holder how it is checked and maintained. A furnace inspection is not required. If the heating system is not inside the unit or apartment, it does not need to be observed, as the building would have its own inspection process. Home Safety and Health 1. Knives, tools, matches, and other potentially hazardous materials are not accessible – check countertops, drawers, etc. for these items to ensure they are safely stored, considering the ages and behaviors of children that are being placed. Examples of potentially hazardous materials may include propane or lighters. Page 193 of 379 Child Foster Care Home Safety Checklist – Guidance 5 2. Chemicals, detergents, and other toxic substances are not stored with food products or accessible in any way that poses a risk to children - when viewing cupboards, make sure toxic substances are not stored with food items. Also, ensure that toxic substances are not accessible based on the ages and behaviors of foster children. Examples of toxic substances include insecticides or pesticides, cleaning supplies, bleach, detergents, air fresheners, batteries, paint, etc. 3. Combustible items are properly stored at least 36 inches from any heating sources - this may include a furnace or water heater. Combustible items are anything that could catch on fire. If there are permanent fixtures that are combustible within 36 inches of a heating source, a fire safety inspection or consultation with the fire marshal may be needed to address the concern. Permanent fixtures do not include the wall next to the heating source. If a home has electric baseboard heating, the applicant must follow the manufacturer’s instructions regarding the recommended space between the baseboard heater and combustible items. Per the Minnesota State Fire Marshal, hot water baseboards do not pose a hazard and do not have a space separation requirement. 4. Individual clean linens, towels, and washcloths are provided for each foster child – there must be enough of these items in the home for each foster child. They do not need to be labeled or specific to the child. 5. Food is handled and properly stored to prevent contamination, spoilage, or a threat to health – there cannot be food in cupboards, countertops, refrigerators, and freezers that is obviously contaminated or spoiled. There is no need to check every food item for expiration dates. 6. Medication is not accessible to children based on age and/or identified safety concerns - discuss where medication is stored based on the ages and behaviors of foster children. This information must also be included in the license holder’s Foster Care Drug and Alcohol Policy. 7. Schedule II controlled substances are stored in a locked area - discuss what these medications might be, what the plan is for locking them, and where the locked location will be. The US Drug Administration provides a list of drug schedules. Foster children who are authorized to administer their own medication can have access to it as determined by their case plans. Their medication must still be inaccessible to other children in the home and if it is a Schedule II, it must still be locked. If there are not currently any Schedule II medications, discuss if this changes, the licensing agency must be notified, and the license holder must ensure proper storage. Applicants and license holders are not required to complete medication administration training but are required to document training on medical equipment used to sustain life or monitor a medical condition of an individual in care. While recent Minnesota legislation has changed making recreational cannabis legal, it is still considered a controlled substance and therefore must be stored in a locked area. License holders are required to indicate chemical use and storage on their Foster Care Drug and Alcohol Policy. Minnesota Statues 260C.215, subdivision 9 prohibits smoking of any type in the presence of children and in any vehicle used to transport a child or any enclosed space where a child could be exposed to secondhand Page 194 of 379 Child Foster Care Home Safety Checklist – Guidance 6 smoke. Cannabis use is not specifically addressed in licensing rules or laws. The most up-to-date information about cannabis can be found on the Minnesota Office of Cannabis Management website. 8. There is a safe water supply in the home – city water is considered safe water. If the home uses well water, it must be tested by a certified laboratory to ensure proper levels of coliform and nitrates. The Minnesota Department of Health provides information on well testing, results, and options. Further information is provided on Accredited Labs in Minnesota Accepting Drinking Water Samples from Private Well Users. Agencies can approve the use of bottled water or a filtration system to be used as an alternative for cooking and drinking. A variance is not required for the use of bottled water or a filtration system, and annual well-testing is not required if the home continues to provide a safe water supply. This must be addressed each time a home safety checklist is completed. 9. Water temperature does not exceed 120 degrees - check the temperature at the tap with a thermometer or view the temperature setting on the water heater. If over 120 degrees, it must be decreased. If the license holder or applicant does not have access to or control of the water heating source, discuss anti-scalding devices that can be used on taps, or a possible plan to address individual safety concerns. 10. Weapons and ammunition are stored separately in locked areas that are not accessible or visible to foster children - Weapons must be unloaded, and cannot be visible, and workers must observe how weapons and ammunition will be locked and stored separately. A gun or trigger lock on its own is not enough. Other weapons or instruments designed for and capable of producing bodily harm, such as bb guns, bows and arrows, hunting knives, and swords also cannot be visible or accessible and must be locked. Bows and arrows do not have to be stored and locked separately, however, arrows could still be considered a weapon, so still need to be in a locked area and not accessible or visible. If an applicant discloses they have a legal permit to carry a weapon, there needs to be a discussion that the requirements related to weapons pertain to the licensed home. No one, regardless of having a permit to carry, may have a gun on their person in a licensed home or in an unlicensed relative home with an emergency foster care placement. If an applicant or license holder plans to carry outside the licensed home, the placing worker must be made aware to determine whether this creates safety concerns related to the child in placement. If an applicant wishes to request a variance they may do so in accordance with Minnesota Statutes, section 245A.04, subdivision 9. If an agency considers granting a variance to this home safety requirement the agency must be able to articulate how granting a variance does not affect the health or safety of persons receiving services, and that the applicant or license holder has a clear and achievable plan for preventing children’s access to the weapon. A variance to this item on the home safety checklist is not generally recommended. If there are no weapons in the home, indicate this on the checklist. If this changes, the applicant or license holder must immediately contact the licensing agency and demonstrate how these items will be locked and stored as required. Page 195 of 379 Child Foster Care Home Safety Checklist – Guidance 7 Sleeping Space for Foster Children & Reduction of Risk of Sudden Unexpected Infant Death 1. Sleeping space for children has two exits – If the sleeping space for foster children is in an area not normally used for sleeping, the applicant or license holder can request a variance to allow for this. An example of when this may be requested and approved is if the child will be sleeping in a living room due to the windows in the bedroom being too small to be considered as a second exit from the room. If a sleeping space in an apartment or mixed occupancy building does not have two exits, consult with the state or local fire marshal to determine if the building meets code. For example, if bedrooms in an apartment are internal and without windows, therefore only have one way to exit, it may still meet code if a sprinkler system has been installed. In this case, the licensing agency may grant a variance to the requirement of having two exits. An infant is a child from birth through 12 months of age. If there is no plan to care for infants, indicate this, and the checklist is completed. If foster care will be provided to infants, the following items must be addressed on the home safety checklist: 2. A safe crib is available and used for each infant in care - ensure that there is a safe crib in the home PRIOR to an infant being placed. If the crib is not set up during the initial licensing inspection, it must be set up and inspected prior to placement. Pack and plays are acceptable, bassinets are not. It is strongly recommended to check the U.S. Consumer Product Safety Commission Website for recalled or unsafe cribs. 3. Infants younger than one year must be placed on their back to sleep, in a crib, directly on a firm mattress - An infant who independently rolls onto its stomach after being placed to sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least six months of age. Approval to allow an infant less than six months to remain sleeping on its stomach requires consent by a parent or guardian thus requires consultation with the placing county’s attorney on who has legal custody to give authority. If an infant falls asleep while being held or before being placed in a crib, the license holder must move the infant to the crib as soon as practicable. Placing a swaddled infant down to sleep is prohibited for any infant that has begun to roll over independently. Before any use of swaddling for sleep, the license holder must obtain informed written consent from the parent or guardian. 4. If an infant is not placed on their back to sleep, there must be documentation from the infant’s physician - The documentation must be on the commissioner-approved form Directive for Alternative Infant Sleep Position. 5. The crib’s firm mattress has a fitted sheet that fits tightly and cannot be dislodged easily. Page 196 of 379 Child Foster Care Home Safety Checklist – Guidance 8 6. Nothing is placed in the crib other than the infant’s pacifier – The pacifier cannot have a string or clip-chain attached to it. There can be no pillows, stuffed animals, or blankets in the crib. Bumper pads are also prohibited. 7. The above information from Minnesota Statutes, section 245A.1435 Reduction of Risk of Sudden Unexpected Infant Death in Licensed Programs must be reviewed by all caregivers, and caregivers must agree to comply with the requirements in this section - licensed child foster care providers that care for infants or children through five years of age must receive training on reducing the risk of sudden unexpected infant death and abusive head trauma from shaking infants and young children. This training must be at least one hour in length and completed at least once every five years. This does not apply to unlicensed emergency relative placements made under Minnesota Statutes, section 245A.035. Safety Hazards, Concerns, and Violations At Initial Home Safety Walkthrough Any obvious safety hazards or concerns and any follow-up required is documented on the home safety checklist form. Before recommending licensure, workers must document that all safety hazards and concerns have been addressed including the date each item was corrected. Annual or Relicensing Walkthroughs or Routine Visits Correction orders are issued for any home safety checklist violation identified during relicensing, annual reviews, or routine visits. The intent of a correction order is to immediately address any home safety violation and to document when and how the correction was made. The intent of issuing the correction order is not to be punitive, but to ensure license holders are told exactly what the violation is and are given an opportunity to respond and work with the licensing agency to come into compliance or appeal if they disagree with the potential violation. When a Fire Marshal Inspection is required The following items trigger the requirement for a fire marshal inspection: o The home is a mobile home manufactured prior to June 15th, 1976 o There is a free-standing solid fuel heating appliance, such as a wood or corn-burning stove that is self- contained (not a fireplace that is built into the wall of the home) o A foster child will sleep in a room 50% or more below ground level o The child foster care license will have a capacity of 4 or more Page 197 of 379 Child Foster Care Home Safety Checklist – Guidance 9 o A hazard is identified, and the foster home is located within a mixed occupancy building or multiple dwelling building. Examples of these buildings would be an apartment in a building that also has stores or offices, a duplex, or an apartment building. o The agency has reasonable cause – licensors can take pictures and consult with the fire marshal at fire.code@state.mn.us if unsure if an inspection is needed. Page 198 of 379 Item 7.2 St. Claire Variance Page 199 of 379 Page 200 of 379 Background Requesting side yard setback variance to: Enlarge deck with rebuild Replace existing deck (legal non-conforming) 10-foot setback is required Deck proposed to be 4-feet and 5.5-feet away from the property line 5-foot easement Page 201 of 379 Page 202 of 379 Page 203 of 379 Background Legal nonconforming structure Zoning regulations allow maintenance or replacement Prohibit expansion of nonconformity Unless a variance is granted Page 204 of 379 Board of Adjustments Reviewed the application October 28, 2025 Denied the variance request Decisions by the Board to deny a variance shall not be final City Council to review Page 205 of 379 Public Hearing Neighboring property owner expressed concerns with emergency vehicle access and resale value Existing conditions already restrict access for emergency vehicles Page 206 of 379 Page 207 of 379 Since Board of Adjustments Staff met on site to discuss difficulties Existing spigot Fixed Swing Set Window location and load Small flat area for backyard Page 208 of 379 Page 209 of 379 Page 210 of 379 Page 211 of 379 Page 212 of 379 Page 213 of 379 Page 214 of 379 Page 215 of 379 Action Requested Direct staff to draft a resolution making findings of fact, denying the side yard setback variance, as the standards for approval, as noted in memo, are not met The CC would consider the resolution on Dec. 1, 2025 Or, Page 216 of 379 Action Requested If the CC disagrees with the BOA decision the CC can approve the variance If so, staff recommend a condition of approval that the existing non-conforming deck, when rebuilt, would need to stay out of the easement, which the applicant would be willing to do Page 217 of 379 Page 218 of 379 Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance §Allowing safe and functional use of the property in a residential manner §Maintain adequate separation for safety, access, neighborhood consistency, and utility needs §Proposed deck expansion would further reduce the required side yard separation, conflicting with the intent of the ordinance Page 219 of 379 Applicable Regulations 2. Is consistent with the City of Elk River Comprehensive Plan §Variance supports reinvestment in existing housing, enhances neighborhood livability, and maintains the residential character §While guided for residential, expanding a deck to 5.5 feet away from the property line does not align with the Comprehensive Plan’s goals for orderly development and protection of infrastructure Page 220 of 379 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. §A modest deck enlargement is common and reasonable §Strict application prevents the property owner from improving their home with a safe and functional outdoor living space §The property is currently improved with a home and deck that provide reasonable use of the property §While smaller than desired, it may be maintained or replaced without requiring a variance and expanding the deck can also be accomplished without requiring a variance Page 221 of 379 Applicable Regulations 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction. §Lot layout and placement of the existing home limit the available space for deck expansion, unique to the property §Staff does not believe it is unique among properties in this neighborhood §Many nearby homes have similar layouts and conforming decks or patios within the required setbacks Page 222 of 379 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. §The proposed deck will be similar in scale, design, and use to other decks in the neighborhood §The existing deck is similar in size and placement §Enlarging the deck to encroach further into the setback could disrupt the established pattern Page 223 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 7.3 Meeting Date November 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Variance: Structure Size Variance, Benjamin Poythress - 13640 Island View Dr NW Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Open the Public Hearing, receive comments, and continue the Public Hearing to December 15, 2025. Background/Discussion After hearing comments and concerns from the Board of adjustments at their October 28, 2025, meeting, the applicant requested action to be postponed until the November 25, 2025, meeting so they can explore alternative solutions/designs. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Location Map 2. Applicant's Narrative 3. Site Plan 4. Aerial View 5. Handout 10-28-2025 Page 224 of 379 Page 225 of 379 Legal Description of Property ISLAND VIEW FIFTH ADDITION LOT 2, BLK 3 The narrative is your opportunity to describe, promote, and sell your proposal to the Board of Adjustment and City Council (if needed) and should explain your request in detail and how the five criteria are met in order to be granted a variance. We are requesting a variance to add onto an existing 10’x10’ (100sf) storage shed used for water-oriented equipment such as kayaks, oars, and lifejackets, and to rebuild a deteriorating deck. We are proposing an additional 12'x30' addition to the existing storage shed which puts the total square feet at 460sf and is 60sf over the 400sf that is allowed. This addition is beyond the OHWL at 22' and does not encroach the 45' Wetland Setback. This addition also adheres to the City of Elk River's Zoning Setbacks for Accessory Structures and keeps the total square feet of attached/detached sf at 1,360 which below the 2,500sf that is allowed for our 2.53 acre property. Adding onto the existing structure also keeps us at only one accessory structure. The existing deck was not constructed to current codes and had become a safety concern due to its age and condition. The proposed replacement deck is larger than the previous one but is designed to be safe, code-compliant, and consistent with the character of surrounding lakeshore properties. The deck will also be beyond the OHWL setback at 22’ and will be 320sf when completed. A variance may be granted by the board only if it finds that: The variance is in harmony with the general purpose and intent of the ordinance This request is in harmony with the intent of the ordinance because it allows us to safely and responsibly improve existing lakeshore amenities without creating environmental impacts. The variance supports the continued use of a modest storage structure for water-oriented items (kayaks, oars, lifejackets, etc.) and the replacement of a deteriorating deck with a safe structure. Neither project contributes to erosion, runoff, or shoreline degradation. The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff if needed) The request is consistent with the City’s Comprehensive Plan by preserving the residential and recreational character of Page 226 of 379 the lakeshore. The addition to the small storage shed ensures adequate space for water-oriented equipment, while the rebuilt deck provides safe access and enjoyment of the property. Both improvements update pre-existing structures and are compatible with the development pattern of surrounding lakeshore homes. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance The proposed improvements are reasonable uses of a lakeshore property. Expanding the existing shed provides adequate space to safely store water- oriented equipment, preventing shoreline clutter. Replacing the deteriorating deck ensures safe enjoyment of the property while aligning with typical residential lakeshore uses. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The property’s unique site conditions— including the shoreline location, wetlands, and easements—limit alternative placement of both the shed addition and the deck. These constraints create practical difficulties in meeting zoning requirements while still allowing safe and reasonable use of the property. The request is not the result of actions or inactions by the property owners. The variance, if granted, will not alter the essential character of the locality The requested variance will not change the essential character of the neighborhood. Nearby lakeshore properties commonly have decks and small water-oriented storage structures. The proposed improvements are modest in scale, consistent with surrounding properties, and will preserve the residential and recreational nature of the lakeshore. Page 227 of 379 Page 228 of 379 Page 229 of 379 AC41F aLai U&TAid yr - 1 u 5 Here are several examples of what the properties look like from the lake: Structures extremely close to the lake: Page 230 of 379 I_- - 4r,_19f6 Page 231 of 379 Variance Request — Case V 25-18 Benjamin & Andrea Poythress 13640 Island View Drive NW Elk River, MN 55330 October 28, 2025 Board of Adjustment City of Elk River 13065 Orono Parkway Elk River, MN 55330 Re: Variance Request — Expansion of Water -Oriented Structure and Deck Replacement Dear Chair and Members of the Board, Thank you for the opportunity to present our variance request. We respect the City's review process and appreciate staff's careful consideration of our application. As long- time residents of Elk River, we are committed to maintaining our property in a way that protects Lake Orono's environment and character. We would like to provide clarification and additional information that demonstrates why our request is consistent with the purpose and intent of Elk River's ordinances, addresses practical difficulties unique to our property, and preserves the character of Lake Orono. Project Description We are requesting a variance to: 1. Expand our existing 10'x10' (100 sq. ft.) water -oriented storage structure by an additional 12'x30' (360 sq. ft.) to safely store kayaks, canoes, oars, lifejackets, lily -pad, and related equipment. 2. Rebuild and enlarge our deteriorating deck (320 sq. ft.) that was unsafe and not constructed to current code. The replacement deck will cover the footprint of an existing patio and be elevated approximately 8 feet, with only 13 posts (2.73 sq. ft. ground impact). Responses to Staff Concerns Page 232 of 379 1. Purpose and Intent of Water -Oriented Structures Staff calculated our proposal as 780 SF, "nearly double" the 400 SF allowance. We respectfully clarify: the shed addition totals 460 SF, only +60 SF over allowed. The deck is a replacement, not a water -oriented structure, and should not be included in the calculation. Our impervious coverage remains well below thresholds, and Lake Orono is dam -controlled and regulated, minimizing runoff risk. A berm lies between the structure and shoreline, providing natural screening. In addition, our bay is shallow, secluded, and unused for recreation, meaning the structure has virtually no public visibility. Enclosing equipment reduces shoreline clutter, further supporting the ordinance's intent to minimize impact. 2. Comprehensive Plan The Plan emphasizes protecting resources and preserving residential use. Our project consolidates storage, improving shoreline appearance and limiting clutter. The structure is 125 feet from the shoreline, farther than many other existing or permitted structures. The project supports recreational residential use and aligns with the character envisioned in the Plan. 3. Reasonable Use A 100 SF shed is not reasonable for a family of five with multiple kayaks and lake -use equipment. Staff suggested other compliant areas exist, but wetlands and a city -held stormwater easement/retention pond eliminate those options. DNR representative James Bedell and City staff member Joseph Hale confirmed during their site visit that this is the only feasible location. 4. Hardship and Unique Circumstances Staff identified the hardship as "self-created." We respectfully disagree. Our hardship stems from protected wetlands and a city -held stormwater easement, which restricts usable land. We pay taxes on this land but cannot use it. This constraint is unique to our lot and not a result of our actions. Page 233 of 379 These limitations make this variance the only option for locating reasonable storage. 5. Character of the Locality Staff expressed concern over precedent. In reality, many homes already have structures at or near the shoreline. A new home was permitted within the past two years only 20-35 feet from the shoreline. This home is significantly larger than neighbors, demonstrating approval of much greater visual impacts. By contrast, our structure is 125 feet back, screened by a berm, in a secluded bay. Our immediate neighbors, Christian and Briana Schwamberger, who are most impacted, provided a letter of support confirming no visual or privacy concerns. Additional Considerations Lake Orono already includes a wide variety of shoreline structures; our request is modest in scale compared to precedent. We consulted with the City Planner for the City of Rogers, who indicated no concerns from a planning perspective. While not affiliated with Elk River, his professional opinion reinforces that our proposal is reasonable. We also spoke with neighbors and members of the Orono Lake Improvement District; none expressed concerns. Conclusion We are not asking for anything excessive or out of character for Lake Orono. Our request is modest compared to many structures already approved and located closer to the shoreline. What we seek is simply the ability to reasonably and safely enjoy our property, within the spirit of the City's ordinances, despite the unique constraints we face from wetlands and a city stormwater easement. Approval of this variance is the only way for us to equitably use our property while maintaining safe, code -compliant improvements. We respectfully ask the Board to recognize this hardship and grant our request so that we may continue to be responsible stewards of our property and the Lake Orono community. Sincerely, Page 234 of 379 Benjamin & Andrea Poythress 13640 Island View Drive NW Page 235 of 379 Christian & Briana Schwamberger 13696 Island View Dr NW Elk River, MN 55330 October 26, 2025 To Whom It May Concern: We are writing as the adjoining property owners at 13696 Island View Dr NW, Lot 1, Block 3, Island View Fifth Addition, Sherburne County, Minnesota, regarding the variance request submitted by our neighbors, Benjamin and Andrea Poythress. Their request involves the proposed extension of an existing backyard structure as well as an addition or modification to their boat deck. After reviewing the nature of the proposed improvements and considering their proximity to our shared property line, we would like to state that we have no objections or concerns with the proposed variances. From our perspective as adjacent homeowners,, the planned extensions: Do not encroach on or negatively impact our property line or privacy. Will not block or obstruct any view from our property or from other neighboring homes. Will not create any access or aesthetic issues from our side of the property. Based on these considerations, we fully support the approval of the Poythress's variance request and have no concerns from a neighboring property standpoint. Thank you for your time and consideration. Respectfully, Christian & Briana Schwamberger 13696 Island View Dr NW Lot 1, Block 3, Island View Fifth Addition Sherburne County, Minnesota 55330 Christian Schwamberger Date: 10/26/2 5 Briana Schwamberger Date: !0126'25 Page 236 of 379 ouR PRaPEUK 41 eqm%m(q wo structures on lake properties. Page 237 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.4 Meeting Date November 17, 2025 Prepared By Chris Leeseberg, Senior Planner Item Description Ordinance Amendment: Reasonable Accommodation Appeal Process, City of Elk River Reviewed by Cal Portner Tina Allard Action Requested Open the public hearing, receive comments, and continue the public hearing to January 20, 2026. Background/Discussion The Planning Commission reviewed the proposed Reasonable Accommodation Ordinance on October 28, 2025, and was concerned that individuals could use the appeal process for applications beyond the scope and intent of the proposed ordinance — creating a potential variance loophole. They also had questions about listing staff as the approver for the requests and the burden that places on them. The Commission asked to have the city attorney attend their next meeting to answer their questions about the proposed ordinance amendment. The city attorney is not available for the November Planning Commission meeting, but will be in attendance on December 16, 2025. As a result, the Commission has not provided a recommendation to the Council, and the Council may not act on the ordinance until after the Commission. Staff recommends the Council receive comments and then continue the public hearing to January 20, 2026. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible. Attachments None Page 238 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 7.5 Meeting Date November 17, 2025 Prepared By Tina Allard, City Clerk Item Description Ordinance 25-16: Adopt 2026 Master Fee Schedule Resolution 25-68: Summary Publication of Ordinance Reviewed by Cal Portner Tina Allard Action Requested 1. Mayor Dietz to open and close the public hearing. 2. Adopt Ordinance 25-16 approving the 2026 Master Fee Schedule 3. Adopt Resolution 25-68 for summary publication of the ordinance. Background/Discussion The city adopts user fees to fund services provided or required due to the request or action of an individual or entity. A fee-for-service ensures the individual/entity bears most, if not all, of the costs incurred by the city to provide that service. These user and regulatory fees are set according to the estimated reasonable cost of service, including direct and indirect costs. When a fee does not fully cover the cost of service, another city revenue source subsidizes that cost, and in most cases, it's the General Fund. The City Council reviews and updates user fees on an annual basis to help reduce the need for a General Fund subsidy, which is paid for with taxpayer dollars. Some of the fees have already been discussed as part of the budget review, and adjustments reflect the need to recover things such as increased regulatory costs, staff time, indirect costs, or development-related impacts on city services. Items to note: Administrative Temporary Cannabis Events are now allowed per state law. This fee aligns with our temporary liquor events fee of $40 per day. New Manager Background Checks are required per city ordinance, but a fee has not been established for them in the past, and it is recommended at $150 to cover staff time costs. Building The building permit fees are being increased to account for increased staffing costs since the last fee schedule update. The last building permit fee update was in 2022, and before that there had been 8–10 years between updates. The recommendation with the current updates seeks to minimize large increases and provide Page 239 of 379 smaller, more regular, changes. In reviewing the proposed fee changes, staff compared the current and proposed fees with Sherburne County and our surrounding communities. Generally, the proposed fees fall within the range of our peers, with the biggest change arising from a change to the way proposed improvements are valued. The existing valuation stems from a fee table that was created in 1997. Communities have moved to adding a percentage increase to that valuation, which we have not done in the past. The proposed change is in line with Sherburne County, and splits the comparisons of a 106% and 110% increase. Additional changes, including recommended increases to signing and grading permits, have been recommended to account for the actual time spent on those permits — for example, the number of inspections required or staff time required to review the plans. Environmental The new yard waste site program fees will be implemented. All other changes in the Environmental section are associated with increased costs of services to administer. Parks and Recreation and Elk River Municipal Utility Park shelter rentals and senior activity membership fee changes are recommended by the Parks and Recreation Commission. Municipal utility fees are recommended by the Utilities Commission. Fire This fee is being increased to reflect staff time costs and is in line with surrounding communities. Police Dangerous/Potentially Dangerous Dogs fees have not been reviewed since the implementation of the state laws. There is a lot of follow-up in staff time needed for this licensure, and the increased fees reflect this staff time. Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Who Should Pay Fees? 2. Summary Resolution 3. Ordinance 4. Exhibit A Fee Schedule 5. Proposed Exhibit B Police/Court Fines 6. Utilites Fee Schedule Page 240 of 379 Who Should Pay Fees? Council can set fees to fully recover the cost of a service or set a lower fee to provide a certain level of subsidy, or alternatively, reduce costs by reducing the level of service. Some programs and services may justify a subsidy from a tax based or alternative revenue source. For example, community supported public services based on social, safety, or general community welfare. Services supporting the general public, such as public safety, are supported by tax and other non-fee revenues, while services more elective in nature and of specific benefit to individuals are typically supported by charging fees to the user. Within the services typically funded by user fees, there are several reasons a Council may not advocate for full cost recovery of services. The following factors are some key policy considerations when setting fees at less than 100 percent of cost recovery: ▪ Encouragement of desired behaviors. Keeping fees for certain services below full cost recovery may provide better compliance from the community. For example, if the cost of a permit for a residential tree removal is higher than the cost of the actual removal of the tree, many citizens will avoid getting the permit. ▪ Effect on demand for a particular service. Sometimes raising the “price” charged for services might reduce the number of participants in a program. This is largely the case in recreation programs such as camps or enrichment classes, where participants often compare the city’s fees to surrounding jurisdictions or other options for leisure activities. ▪ Benefit received by user of the service and the community at large is mutual. Many services that directly benefit a group or individual equally benefit the community as a whole. Examples include recreation programs, planning design review, historical dedications, and certain types of special events. Who Benefits Type of Service Tax v Fees Policy Example Services Community Public 100% taxes Police patrol Primarily the community with some individual benefits Public/Private Mostly taxes and some fees Code enforcement Primarily individual with some community wide benefits Private/Public Mostly fees and some taxes Youth sports Individual benefit only Private 100% fees Development services When reviewing fees keep in mind which fees should be supported and subsidized and which should be privately paid. Page 241 of 379 Resolution 25-68 A Resolution of the City of Elk River Approving Notice of Summary Publication of Ordinance #25-16 an Ordinance Adopting the 2026 Master Fee Schedule WHEREAS, on November 17, 2025, the Elk River City Council adopted Ordinance 25-16 approving the 2026 Master Fee Schedule; and WHEREAS, the enactment of this ordinance establishes fees and charges required by the City Code and to comply with Minnesota Statutes 462.353, sub.4; and WHEREAS, the 2026 Master Fee Schedule lists fees and charges for Administrative, Financial, Environmental, Planning, Development, Building, Parks and Recreation, Fire, Police, and Elk River Municipal Utility services along with code enforcement violations; and WHEREAS, a copy of the full text of the ordinance is available for inspection by any person at the Office of the City Clerk, City of Elk River, 13065 Orono Parkway, during regular business hours; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: by at least four-fifths vote, authorizes the publication of the title and summary of Ordinance 25-16 and that Ordinance 25-16 shall become effective January 1, 2026. The motion for adoption of the foregoing resolution was duly seconded by Councilmember ______________, and upon vote being taken thereon, the following voted in favor thereof: and the following against: , whereupon said resolution was declared duly passed and adopted. The following members were present: and the following absent: Passed and adopted this 17th day of November 2025. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 242 of 379 Strikethroughs to be removed Underlines to be added Last Updated January 2023 Ordinance 25-16 An Ordinance Amending the City Code to Establish a 2026 Master Fee Schedule for the City of Elk River, Minnesota The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. The schedule of fees and rates attached hereto as Exhibit A, Exhibit B, and Exhibit C is hereby adopted by deleting the strikethrough language and adding the underline language. SECTION 2. Where a direct conflict exists between the amount of a fee or charge set by any provision of the City Code and a fee or charge set by this Ordinance, the fee or charge set by this Ordinance applies. SECTION 3. That this ordinance shall become effective January 1, 2026. Passed and adopted by the City Council of the City of Elk River this 17th day of November, 2025. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Tina Allard, City Clerk Page 243 of 379 1 EXHIBIT A 2025 2026 Master Fee Schedule Fees deposited with or checks cashed by the city do not imply an applicant automatically receives a permit or license from the city. Specific criteria must be met for each type of license or permit for which an application has been submitted before the license or permit may be granted. Administrative or Council approval may also be required before the permit or license is valid. ADMINISTRATIVE ASSESSMENT SEARCH CERTIFICATION $30/each COPIES Microfilm to Hard Copy $.25 per page Photocopies $.25 per page up to 100 pages; over 100 pages plus staff time FINANCE CHARGE This charge does not apply to Code Enforcement Violations. Computed at 1.5% per month (18 % annual) on account balances unpaid after the due date. LABOR RATE (research, computer services, etc.) $50 per hour (15 minutes minimum) LICENSES License fees submitted less than 60 days before their expiration date shall be charged a 10% penalty or $25, whichever is greater. If a license expires, applicant must apply for a new license and pay applicable fees. Billiard Hall $35/table Cannabis Retailer Licenses (These fees are outlined in state law and the initial registration fee shall include the initial registration fee and the first annual renewal fee. Renewal registration fees shall be charged at the time of the second renewal and each subsequent renewal thereafter.) o Low Potency Hemp Retailer Initial Fee: $125 Renewal Fee: $125 o Cannabis Retailer Initial Fee: $500 Renewal Fee: $1,000 o Cannabis Mezzobusiness Retailer Initial Fee: $500 Renewal Fee: $1,000 o Cannabis Microbusiness Retailer Initial Fee: $0 Renewal Fee: $500 o Temporary Cannabis Event $40/day Page 244 of 379 2 Food Trucks (Mobile Food Units) $100/year Kennel o Commercial $75/year o Residential $50/year Liquor o 3.2% Malt Off-Sale $75/year o 3.2% Malt On-Sale $225/year o Brew Tap Room $225/year o Brewpub/Microbrewer Off-Sale $200/year o Microdistillery Off-Sale $200/year o Club $300/year o Cocktail Room $225/year + initial background fee o Consumption & Display (Set-up) $75/year o Intoxicating On-Sale $5,000/year o Intoxicating Sunday On-Sale $200/year o Small Brewer’s Growler Off-Sale $100/year o Small Brewer’s 128 oz Off-Sale $100/year o Temporary Community Festival (on-sale) $100/day o Temporary 3.2% Malt On-Sale $30/day o Temporary On-Sale $40/day o Temporary On-Sale Farm Winery $40/day o Temporary Wine Festival $100/day o Wine $700/year o Extended Hours Permit (for legislative approved special events (examples, Super Bowl, World Cup) $50 o Initial Investigation Fee for Intoxicating Licenses Single $200 Association, Partnership, Corporation, Club $400 New Manager $150 Massage Establishment o Single $200 o Partnership, Association, Corporation $300 o Renewal Fee $150/year o New Manager Investigation Fee $150 Massage Therapist o Initial Fee $150 o Renewal Fee $100/year Pawn Shop $12,000/year o Initial Investigation Fee $1,500 Peddler $150/year Sexually Oriented Businesses (additional planning department fees and zoning requirements may apply) $500/year o Initial Investigation Fee Single $200 Association, Partnership, Corporation $400 Page 245 of 379 3 Special Event o Private Events on Public Property $150 for first 2 hours $50 each additional hour $250 damage deposit o Expedited Application Services for Special Events Applications can’t be processed if they are received less than 5 days before an event. A completed application must be received before days will be counted 60 days before event $0 31-59 days $50 15-30 days $100 5-14 days $200 Solicitor $150/year Tobacco $150/year Transient Merchant (general planning permit fee may apply) $150/year MERCHANDISE City Flag $45 Plastic Pins - Elk River $.35 each Metal Pins- Elk River $2 each POSTAGE Prevailing Rate BUILDING 3 SEASON/SCREEN PORCHES $45 per square foot for valuation, use building permit fee, plus state surcharge and a 65% plan review fee. BASEMENT FINISH $20 per square foot for valuation, use building permit fee, plus state surcharge and a 65% plan review fee. BUILDING PERMIT Industrial, Commercial, Multifamily Residential, Single-family Residential, Remodels, and Additions 1997 UBC Table 1A, plus state surcharge, and a 65% plan review fee Total Valuation: Fee: $1 to $500 $24.50 $501 to $2,000 $24.50 for the first $500 plus $3.40 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $25,000 $75.50 for the first $2,000 plus $15 for each additional $1,000, or fraction thereof, to and including $25,000 $25,001 to $50,000 $420.50 for the first $25,000 plus $11 for each additional $1,000, or fraction thereof, to and including $50,000 Page 246 of 379 4 $50,001 to $100,000 $695.50 for the first $50,000 plus $8 for each additional $1,000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $1,095.50 for the first $100,000 plus $6 for each additional $1,000, or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,495.50 for the first $500,000 plus $5 for each additional $1,000, or fraction thereof, to and including $1,000,000 $1,000,001 and up $5,995.50 for the first $1,000,000 plus $4 for each additional $1,000, or fraction thereof Plan Review Fee 65% of the Permit Fee Partial Commercial Plan Review .5% of the valuation (non-refundable) State of Minnesota Surcharge 0.0005 times the building valuation DECK PERMIT $25 per square foot for valuation use building permit fee, plus state surcharge, and a 65% plan review fee. DEMOLITION House or Commercial Residential Outbuilding Over 120 sq. ft. $150 $45 FIREPLACES/WOOD STOVES $75 plus $1 state surcharge MECHANICAL PERMIT (For heating, ventilation, & air conditioning) Residential (new installation, basement, remodel, etc.) Fee shall be the greater of $45$75, plus $1 state surcharge or 1.5% of the valuation of the work material and labor Residential (appliance replacement) $50$75, plus $1state surcharge Commercial Fee shall be the greater of $75$100, plus state surcharge or 1.5% of the valuation of the work material and labor. OUTBUILDINGS/ACCESSORY STRUCTURE PERMIT (over 200 sq. ft., etc.) $30 per square foot for valuation, use building permit fee, plus state surcharge and a 65% plan review fee. PLUMBING PERMIT Residential (new installation, basement, remodel, etc.) Fee shall be the greater of $45$75 plus state surcharge or 1.5% of the valuation of the work material and labor Residential (appliance/fixture replacement) $50$75, plus $1 state surcharge Commercial Fee shall be the greater of $75$100, plus state surcharge or 1.5% of the valuation of the work material and labor Page 247 of 379 5 POOL PERMIT Above Ground $50,$75 plus $1 state surcharge In Ground $150, plus state surcharge RE-ROOF Residential $125, plus $1state surcharge Commercial/Industrial $2 per square foot for valuation for permit fee plus state surcharge, minimum $75 RE-SIDING PERMIT (Residential) $100$125, plus $1 state surcharge SEWER & WATER HOOKUP/REPAIR PERMIT Storm or Sanitary $150$200 commercial $65$100 residential $2,000 bond in favor of the city may be required WINDOW/DOOR INSTALLATION 1 – 3 Windows/Doors $75$100, plus $1 state surcharge 4 or More Windows/Doors $100$125, plus $1 state surcharge COMMUNITY CENTER RINK GLASS SALES TO PUBLIC 5/8 x 96” $150 1/2” x 96” $100 ENVIRONMENTAL ABATEMENTS-Per City Ordinance Actual cost borne by the city for handling/disposal, site maintenance, or other appropriate remediation. COMPOST YARD WASTE SITE ANNUAL PASS (per Sherburne County) Single-Family Residential No Charge$25 Commercial $1,000 per vehicle $40 per load $2,500 security deposit FATS, OILS & GREASE CONTROL ENFORCEMENT TIER LEVELS The following civil penalties for violation of the city Fats, Oils, and Grease Control Ordinance, Section 78-156, of the City Code, as provided in the city Fats, Oils, & Grease Enforcement Response Plan Tier I Notice of Deficiency/Notice to Correct No penalty Tier II Notice of Violation $0 - $50$100 Tier III Notice of Violation $75 - $100$300 Tier IV Notice of Violation $150 - $500$700 Tier V Notice of Violation $500 - $1,000$2,000 Page 248 of 379 6 Tier VI Notice of Violation $1,000 - $10,000 Possible Consent or Administrative Order Tier VII Consent Order/Administrative Order with stipulated penalties Tier VIII Consent Order/Administrative Order with stipulated penalties and Termination of Sewer Service FLOODPLAIN PERMIT $300$400 GARBAGE 32 Gallon Biweekly $9.50$9.85/month 32 Gallon $9.70$10/month 60 Gallon $12.75$13.25/month 90 Gallon $19.35$20.00/month Additional 90 Gallon $17.05$17.75/month Recycling $4.50$4.70/month SIGNAGE Wetland Buffer Sign $8 LICENSES Garbage Hauler $80 1st truck plus $15 each additional truck Mineral Extraction $20/acre to be actively mined in forthcoming year or not reclaimed $5/acre approved but not actively mined Solid Waste Facility $2,000 plus cost of reviewing license. Amount of annual cost incurred by the city for monitoring and inspecting the facility plus the license. NPDES PERMITS Inspection Residential $175 per residential building Commercial/Industrial Actual cost of total inspections SHORELAND PERMIT $150 SHORELAND, FILLING & GRADING AND/OR ALTERATION FEES After-the-Fact Major Violation Permit After-the-fact Minor Violation Permit Major Alteration Permit (10 cubic yards or more) Major Shoreland Mitigation Escrow Minor Alteration Permit Minor Shoreland Mitigation Escrow WETLAND CONSERVATION ACT APPLICATION After-the-Fact Wetland Alteration Permit $1,000 per violation $ 400 per violation $250 per permit $5,000 $100 per permit$150 $1000 $200 (less than 20 acres) $400 (greater than 20 acres(field review/impacts) $75$100 (no-net loss exemption letter) $750 plus staff time Replacement Plan Applications Escrow $700 $2,500 Page 249 of 379 7 Wetland Banking Application Escrow $1,600 $5,000 Annual Wetland Mitigation Monitoring Escrow $2,500/year All Other Wetland Services (Buffers) $200 LGU fees are in addition to Planning, Zoning, and Escrow fees PLANNING/DEVELOPMENT/BUILDING Double fee applies if work begins before permit obtained ADMINISTRATIVE SUBDIVISIONS/SIMPLE PLATS APPLICATION $300 Escrow for Consulting/Engineering/Staff Services $1,000 BEE KEEPING $75 one-time fee COMMERCIAL PLAN REVIEW (PARTIAL) .5% of the valuation (non-refundable) CONCEPT PLAN REVIEW BY CITY COUNCIL Escrow for Consulting/Engineering/Staff Services $200 $500 CONDITIONAL OR INTERIM USE PERMIT $400 Escrow for Consulting/Engineering/Staff Services $1,000 EASEMENT VACATION APPLICATION $400 Escrow for Consulting/Engineering/Staff Services $1,000 ENGINEERING SERVICES $125$150 an hour FLEET MECHANIC SERVICE (For ERMU & Sherburne SWCD only) $65 an hour GENERAL PLANNING PERMIT Escrow for Consulting/Engineering/Staff Services $100 $225 GRADING PERMIT For any above 10,000 cubic yards 1.5% of the valuation, minimum $150 75 LAND USE PLAN AMENDMENT Escrow for Consulting/Engineering/Staff Services $400 $1,500 MICRO LOAN PROGRAM Processing fee of $500 Any remaining funds will be returned to the applicant. Applicant pays all legal and filing fees at loan closing HRA BLIGHTED PROPERTIES COMMERCIAL/INDUSTRIAL Processing fee of $2,000 Page 250 of 379 8 FORGIVABLE LOAN PROGRAM Any remaining funds will be returned to the applicant. Applicant pays all legal and filing fees at loan closing. HRA BLIGHTED PROPERTIES RESIDENTIAL FORGIVABLE LOAN PROGRAM Processing fee of $500. Any remaining funds will be returned to the applicant. Applicant pays all legal and filing fees at loan closing. ORDINANCE AMENDMENT Escrow for Consulting/Engineering/Staff Services $400 $1,500 PARK DEDICATION FEE Residential o Low Density (<4 DU/acre) o Medium Density (4 to<7 DU/acre) o High Density (>7 DU/acre) $3,065.73/dwelling unit $4,207.25/dwelling unit $5,945.38/dwelling unit The park dedication fee for high-density residential projects shall be capped at $500,000. Commercial 8% of county assessed value of property Industrial 6% of county assessed value of property PLANNED UNIT DEVELOPMENT (PUD) Charge for required planning applications, i.e. conditional use permit, rezoning, etc. PLATTED EXEMPTION Escrow for Consulting/Engineering/Staff Services $100 $100 PLATS, PRELIMINARY APPLICATION $400 Escrow for Consulting/Engineering/Staff Services $2,000 PLATS, FINAL APPLICATION Escrow for Consulting/Engineering/Staff Services $400 $1,500 RENTAL DWELLING Fees listed under Fire section SANITARY SEWER USER FEE (Annual increase according to fund analysis on bond repayment) Charge Per 1,000 Gallons $5.94$6.24 Minimum Charge $13.76$14.35 Apartment Unit Charge $23.62$24.80 House Unit Flat Charge $31.00$32.55 Leachate Treatment (3% annual increase per Significant Industrial User Agreement) $0.0160$0.0165 per gallon Septic Dumpage $40$60 per 1,000 gallons SEPTIC INSTALLATION & REPAIR PERMIT $200 SEWER AVAILABILITY CHARGE (SAC) $6,120$6,426 per unit SIGN/ZONING PERMITS Page 251 of 379 9 Permanent Sign (separate building permit and fee may apply) $75 50 Wall Signs $150 Freestanding Signs Temporary $40 SITE PLAN REVIEW APPLICATION $300 Escrow for Consulting/Engineering/Staff Services $500 STAFF SERVICES (planning & environmental) $100 an hour STORMWATER UTILITY FEE Single-family, duplex, townhome residential properties with public sewer and/or public water service All other single-family, duplex, and townhome residential uses All other properties in the city $4.10$4.22 per month per residential unit $2.80$2.88 per month per residential unit $29.15$30.03 per month per impervious acre STREET/ RIGHT-OF-WAY DISRUPTION PERMIT (cable, phone, gas, electric, etc.) $150$200 plus ($5,000 letter of credit or bond in favor of the city or equivalent) SUBDIVISION EXEMPTIONS $150 TAX ABATEMENT (Economic Development Incentive) $10,000 Projects which require additional professional services in excess of $10,000 shall be required to reimburse the city for additional expenses TAX INCREMENT FINANCING $10,000 Projects which require additional professional services in excess of $10,000 shall be required to reimburse the city for additional expenses VARIANCE Escrow for Consulting/Engineering/Staff Services $400 $1,000 ZONE MAP CHANGE Escrow for Consulting/Engineering/Staff Services $400 $1,000 ZONING LETTER $95 per address ZONING REQUESTS, MISCELLANEOUS $110 PARKS & RECREATION Sales tax will be added for any facility rentals Athletic Field Deposit All users/associations/tournament organizer will pay a $500, refundable deposit on an annual basis/per tournament. The refundable deposit will help ensure user/association accountability for damage to fields, facilities and/or scoreboard controllers. If the deposit is used for any of the above-mentioned items, the user/association will replenish their deposit back to the full amount of $500 Page 252 of 379 10 ATHLETIC FIELD RENTAL RATES Below 60% Participant Residency $45 per field per day $45 per field per day for lights, plus $4 per hour of use Elk River Association (Group 3A) Youth Associations with city capital improvement agreements currently in place will have the light fee waived until the contract payment is completed. 70% and above Participant Residency $25 per field per day $25 per field per day for lights, plus $4 per hour of use Elk River Association (Group 3B) Youth Associations with city capital improvement agreements currently in place will have the light fee waived until the contract payment is completed. 60-69% Participant Residency $35 per field per day $35 per field per day for lights, plus $4 per hour of use TOURNAMENTS Dave Anderson Athletic Complex $50/per tournament Seasonal Temporary Food Stand/Special Event License Required Lion John Weicht Park $100/per weekend Seasonal Temporary Food Stand/Special Event License from the MN Dept. of Health Plants and Things Recreation Complex $100 per tournament Seasonal Temporary Food Stand/Special Event License from the MN Dept. of Health Restroom Cleaning All users will pay for restroom cleanings deemed necessary by city staff based upon the event attendance estimates. The associations will be billed at the same rate as the city for the cleanings. This fee will apply to the indoor restroom facilities and any additional portable toilets. MEMORIAL TREE AND BENCH Tree $500 Bench $3,000 PARK RENTAL FEES More than 14 days: Reservation alteration/cancellation: $10 Within 14 days No refunds or cancellations Special Event Park Deposit $500 Lion John Weicht Shelters 1-3 Resident: $50/Day Non-Resident: $70/Day Lion John Weicht Park Pavilion with Servery Resident: Page 253 of 379 11 $75/2 hour minimum Additional hour: $20 Non-Resident: $105/2 hour minimum Additional hour: $25 Damage Deposit: $250 Lion John Weicht Park Pavilion with Servery and Concessions Resident: $95/2 hour minimum Additional hour: $20 Non-Resident: $125/2 hour minimum Additional hour: $25 Damage Deposit: $250 Orono Park Shelter 1 & 2 Resident: $55/Day Non-Resident: $75/Day Orono Park Shelter 2 Resident: $65 Non-Resident: $85 Orono Park Shelter 3 Resident: $90$100/Day Non-Resident: $120$130/Day Orono Park Pavilion Resident: $80$90/2 hour minimum Additional hour: $20 Non-Resident: $115$125/ 2 hour minimum Additional hour: $25 Rivers Edge Commons $150/2 hour minimum $50 each additional hour: 6 hours maximum Damage Deposit: $250 Trott Brook Barn Resident: $50$60/2 hour minimum, Monday – Thursday 20/additional hour, Monday - Thursday $60$70/2 hour minimum, Friday - Sunday $20/additional hour, Friday - Sunday Non-Resident: $70$80/2 hour minimum, Monday - Thursday $25/additional hour, Monday – Thursday $80$90/2 hour minimum, Friday – Sunday Page 254 of 379 12 $25/additional hour, Friday - Sunday Damage Deposit: $100 Late Fee Key Return: $25 Woodland Trails Regional Park Pavilion Resident: $55$65/2 hour minimum Additional hour: $15 Non-Resident: $75$85/2 hour minimum Additional hour: $25 Damage Deposit: $100 Senior Activity Center Membership Annual Rate Individual: $47$50 Dual: $62$65 Discounted Rate (for Elk River Residents) Individual: $31$33 Dual: $46$48 FIRE FIRE SPRINKLER INSPECTION FEE Industrial, Commercial, Multifamily Residential, Single-family, and Additions State permit fee, 1997 UBC Table 1A, (valuation based on material and labor) FIRE ALARM PERMIT See Building Permit Fee, plus state surcharge, and a 65% plan review fee. Minimum $100 FIRE SPRINKLER PERMIT (20 or more heads) See Building Permit Fee FIRE SPRINKLER PERMIT (Under 20 heads) See Building Permit Fee, plus state surcharge, and a 65% plan review fee. Minimum $100. TANK (FLAMMABLE/COMBUSTIBLE LIQUIDS) 1.5% of the valuation, minimum of $100 OPEN BURNING Burning Permit $10 annually FALSE FIRE ALARMS Alarm 1-3 No charge Alarm 4 $350 Alarm 5 or More Fee increases $50 per alarm (ex: alarm 5=$400, alarm 6=$450) FIRE WATCH $50 an hour per person If vehicle or apparatus is needed, cost will be billed per FEMA reimbursable rates plus 15% administrative fee FIREWORKS Page 255 of 379 13 Public Display for Pyrotechnics $50 per day Sales/Storage-Retail $100/year Sales/Storage-Temporary (general planning permit also required) $100/year KEY LOCK BOX per vendor pricing RENTAL DWELLING LICENSE Single Family (per dwelling) $150 new $100$150 annual renewal Multi-Unit $150 new $100 + $10 per unit Re-inspection Fee $100 Re-instatement Fee $1,500 FIRE STATION 3 ROOM RENTAL Resident $35/2 hour minimum Additional hour: $15 Non-resident $55/2 hour minimum Additional hour: $20 Damage Deposit: $100 POLICE ACCIDENT REPORT (state motor vehicle report) $.25 per page AUDIO/VIDEO REPRODUCTION Dubbing Police Audio Tapes $25/tape Dubbing Police Video Tapes $35/tape CD $13 Jump Drive $13 ANIMALS Dangerous & Potentially Dangerous Dogs Dangerous Dog License $50$250/yearly Potentially Dangerous Dog License $50$100/yearly Dangerous/Potentially Dangerous Dog Late Fees on Renewal $15$50 Hearing Fee (initial non-refundable fee to appeal declaration) $100 Escrow for Hearing (Dog owner is responsible for hearing costs if they lose the appeal. Excess funds will be reimbursed) $600$1,000 Impound Fee (12-month period on a rolling basis) 1st Offense $50 2nd Offense $75 3rd Offense $150 Page 256 of 379 14 BACKGROUND (letter of good conduct) $10 FINGER PRINTS $10 IMPOUNDED VEHICLES (at public works garage or police department) $15/Day LOCKOUT FEE $20 POLICE RESERVE SERVICE $40/hour OFF DUTY OFFICER SERVICE $135/hour SECURITY ALARMS Permit $20 False Alarms Alarm 1-2 – No charge Alarm 3-5 - $50 Alarm 6-7 - $100 Alarm 8-9 - $250 10 & Over - $500 Failure to obtain alarm permit - $100 Other civil alarm violations - $100 CODE ENFORCEMENT VIOLATIONS A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. ANIMALS Exceeding Maximum Number Allowed $100 Feces Clean-up $100 MISCELLANEOUS Exterior Storage $200 Firewood $200 Garbage & Refuse $55 Snow & Ice Removal $55 VEHICLES Commercial/Overweight Vehicle Parked in Residential Zone $50 Junk Vehicles $200 Overweight Vehicles $200 Parking Codes $55 Parking on Unapproved Surfaces $200 Vehicles Displayed “For Sale” on Public Street $50 ZONING Accessory Structure $200 Dwelling Unit Occupied by More Than One Family $500 Fencing Setback & Maintenance $200 Home Occupation $200 Page 257 of 379 15 Home Occupation, Prohibited $250 Long Grass $200 Nuisance, Junk & Debris Violation $200 Property Maintenance $200 Sign Ordinance Violation $200 Swimming Pool Violation, Critical $500 Swimming Pool Violation, Non-Critical $200 Zoning Code Violation, Other Than Noted Above $200 Page 258 of 379 EXHIBIT B Police Fines County Jurisdiction Ordinance and Rule Number Ordinance and Rule Description Degree Payable Indicator Base Fine Amount Offense Code Certify to DPS Indicator Category Sherburne Elk River 6.132 Misprepresentation of Age - Purchase Alcohol Misdemeanor Yes $100.00 ALCOHOL No Ordinance Sherburne Elk River 6.133 Sale/Underage Alcohol Misdemeanor No ALCOHOL No Ordinance Sherburne Elk River 6.134 Underage Person in Liquor Establishment Misdemeanor Yes $100.00 ALCOHOL No Ordinance Sherburne Elk River 6.136 Minor Consumption Misdemeanor Yes $100.00 ALCOHOL No Ordinance Sherburne Elk River 6.137 Minor Possession Misdemeanor Yes $100.00 ALCOHOL No Ordinance Sherburne Elk River 6.138 Social Host Misdemeanor No ALCOHOL No Ordinance Sherburne Elk River 6.91 Hinder/Prevent Inspection Liq. Establishment Misdemeanor No ALCOHOL No Ordinance Sherburne Elk River 6.95 Consuming Alc. In Liq. Establishment After Hours Misdemeanor No ALCOHOL No Ordinance Sherburne Elk River 6.96 Removal of Alc. Containers After Hours Misdemeanor No ALCOHOL No Ordinance Sherburne Elk River 10.5.a.3 Animals at Large Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 10.3 Dangerous/Non-traditional/Exotic Animal Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 10.4 Agricultural Animals Prohibited Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River Repealed Animal Nuisance Petty Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 10.5.a.1 Noisy Animals Petty Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 10.5.a.2 Feces Removal Petty Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 10.5.a.3 Dog/Cat at Large Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 10.33.a Unattended in Motor Vehicle Petty Misdemeanor Yes $25.00 ANIMAL No Ordinance Sherburne Elk River 10.31.c Kennel Permit Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 10.35 Fail to register potentially dangerous dog Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 10.35 Fail to restrain potentially dangerous dog Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 22.77.a Multi-Family Residence - Balcony Fires Misdemeanor Yes $50.00 FIRE No Ordinance Sherburne Elk River 22.78.b Parking in Fire Lane Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 22.104.1 Fire Site Require Misdemeanor Yes $100.00 FIRE No Ordinance Sherburne Elk River 22.104.2 Unattended Fire Misdemeanor Yes $50.00 FIRE No Ordinance Sherburne Elk River 22.105 Prohibited Material Misdemeanor Yes $100.00 FIRE No Ordinance Sherburne Elk River 22.106 Burning Ban Misdemeanor Yes $50.00 FIRE No Ordinance Sherburne Elk River 22.131 Burn w/o Permit Misdemeanor Yes $50.00 FIRE No Ordinance Sherburne Elk River 22.232.a Fireworks - Use at Parade/Public Assembly Misdemeanor No FIRE No Ordinance Sherburne Elk River 22.232.b Fireworks - Throwing at People, Animals, Vehicles Misdemeanor No FIRE No Ordinance Sherburne Elk River 22.234 Fireworks - Permit Required Misdemeanor No FIRE No Ordinance Sherburne Elk River 26.37.a Sale Tobacco Minor Misdemeanor No TOBACCO No Ordinance Sherburne Elk River 26.37.b Illegal Procurement Tobacco for Minor Misdemeanor No TOBACCO No Ordinance Sherburne Elk River 26.37.c Use False ID Misdemeanor No TOBACCO No Ordinance Sherburne Elk River 30.124.d.8 Unlicensed and/or inoperable vehicles are prohibited at the premises Misdemeanor Yes $100.00 ZONING No Ordinance Sherburne Elk River 30.124.e Lawn/Landscape Maintenance Petty Misdemeanor Yes $50.00 ZONING Ordinance Sherburne Elk River 30.796.e Fence Location and Construction Standards Misdemeanor No ZONING Ordinance Sherburne Elk River 30.796.e.4 Above Ground Pool Access Misdemeanor No ZONING No Ordinance Sherburne Elk River 30.801.6 Prohibited Home Occupation Misdemeanor No ZONING Ordinance Sherburne Elk River 30.801.c Home Occupation Standards Misdemeanor No ZONING Ordinance *an additional surcharge may be added to the fine by the State of Minnesota Page 259 of 379 EXHIBIT B Police Fines Sherburne Elk River 30.803.d.1 Keeping of Chickens - Number & Type Petty Misdemeanor Yes $50.00 ANIMAL No Ordinance Sherburne Elk River 30.803.e.4 Animal Agricultural Unfenced Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 30.803.g Dangerous Animals Misdemeanor No ANIMAL No Ordinance Sherburne Elk River 30.859 Sign Ordinance Standards Petty Misdemeanor Yes $50.00 ZONING Ordinance Sherburne Elk River 30.934.a.1 Landscape Required Misdemeanor Yes $200.00 ZONING No Ordinance Sherburne Elk River 30.934.a.2 Neat and Clean Landscape Petty Misdemeanor Yes $100.00 ZONING No Ordinance Sherburne Elk River 30.934.a.3 Parking on Landscaped Areas Petty Misdemeanor Yes $25.00 PARKING No Ordinance Sherburne Elk River 30.1024 III. Bus. Operation - C-3 Hwy Comm. Dist.Misdemeanor No PROPERTY No Ordinance Sherburne Elk River 38.411 Transient License Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 38.414.a.2 Transient Merchant Near Intersection Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 38.414.a.4 Transient Merchant on Public Property Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 38.414.a.5 Transient Merchant - Private Property - Permission Req.Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 38.414.b.1 Solicitors License to be Carried/Displayed Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 38.414.b.2 Solicitors Times Allowed 1200-1800 Petty Misdemeanor Yes $50.00 OFFCON No Ordinance Sherburne Elk River 46.31.1 Public Nuisance - Maintain/Permit Condition Misdemeanor No OFFCON No Ordinance Sherburne Elk River 46.31.2 Public Nuisance - Interfere, Obstruct, Render Dangerous Misdemeanor No OFFCON No Ordinance Sherburne Elk River Repealed Public Nuisance Affecting Health Petty Misdemeanor Yes $200.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.1 Public Nuisance - Stagnant Water Petty Misdemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.2 Public Nuisance - Unwholesome Food Sales Petty Misdemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.3 Public Nuisance - Insufficient Trash Receptacles Petty Misdemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.4 Public Nuisance - Effluent Discharge Petty Misdemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.5 Public Nuisance - Accumulation of Rubbish/Debris Petty Midemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.6 Public Nuisance - Water Pollution Petty Midemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.32.a.7 Public Nuisance - Noxious Weeds/Vegetation Petty Midemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.31.a.8 Public Nuisance - Noxious Smoke/Fumes/Gas Petty Midemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.33 Public Nuisance Affecting Decency Petty Midemeanor Yes $100.00 OFFCON No Ordinance Sherburne Elk River 46.34.a.2 Junked Cars Misdemeanor Yes $100.00 ABANDMV No Ordinance Sherburne Elk River 46.34.a.4 Depositing of Garage & Trash Petty Midemeanor Yes $100.00 GARBAGE No Ordinance Sherburne Elk River 46.34.a.5 Outside Storage of Construction Materials in Excess of 1% of Total Area Misdemeanor Yes $100.00 GARBAGE No Ordinance Sherburne Elk River 46.34.a.6.a Parking of Commercial Vehicles Over 7,000 Pounds - Public Property Petty Midemeanor Yes $50.00 PARKING No Ordinance Sherburne Elk River 46.34.a.6.b Parking of Commercial Vehicles Over 7,000 Pounds - Private Property Petty Midemeanor Yes $50.00 PARKING No Ordinance Sherburne Elk River 46.34.a.7 Prolonged Idling of Truck Tractor Petty Midemeanor Yes $50.00 NOISE No Ordinance Sherburne Elk River 46.36 Excessive Noise Petty Midemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.37.1 Noise/Horn Petty Midemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.37.2 Music Petty Misdemeanor Yes $100.00 NOISE No Ordinance County Jurisdiction Ordinance and Rule Number Ordinance and Rule Description Degree Payable Indicator Base Fine Amount Offense Code Certify to DPS Indicator Category *an additional surcharge may be added to the fine by the State of Minnesota Page 260 of 379 EXHIBIT B Police Fines Sherburne Elk River 46.37.4 Human Noise Petty Misdemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.37.5 Noise Animals Petty Misdemeanor Yes $50.00 NOISE No Ordinance Sherburne Elk River 46.37.6 Vehicle Exhaust Petty Misdemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.37.7 Noise/Construction Petty Misdemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.37.9 Loud Party Petty Misdemeanor Yes $100.00 NOISE No Ordinance Sherburne Elk River 46.82.a Graffiti Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.31.d.1 Trespass/Refuse to Leave Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.31.d.2 Trespass Private Property Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.31.d.3 Trespass on Private Property Posted Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.61.b.3 Curfew Violation - Parent Responsible Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.62.1 Expose Privates Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.62.2 Entice Another to Expose Privates Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.62.3 Obscene Acts Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.62.4 Entice Obscene Acts Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.63 Targeted Picketing Prohibited Misdemeanor No OFFCON No Ordinance Sherburne Elk River 50.113 Discharge Weapon Misdemeanor No WEAPON No Ordinance Sherburne Elk River 50.114 Dangerous Weapon Misdemeanor No WEAPON No Ordinance Sherburne Elk River 50.115 Sell/Furnish Dangerous Weapon to Minor Misdemeanor No WEAPON No Ordinance Sherburne Elk River 50.117.b Hunt Prohibited Area Misdemeanor No WEAPON No Ordinance Sherburne Elk River 50.119.a.1 WHHCA - Hunting Shall Follow DNR Regs.Misdemeanor No No Ordinance Sherburne Elk River 50.119.a.2 WHHCA - No Hunting After Park Hrs.Misdemeanor No No Ordinance Sherburne Elk River 50.119.a.3 WHHCA - Firearms Prohibited Misdemeanor No No Ordinance Sherburne Elk River 50.119.a.4 WHHCA - Trapping Prohibited Misdemeanor No No Ordinance Sherburne Elk River 50.119.a.5 WHHCA - Archery Hunting Restrictions Misdemeanor No No Ordinance Sherburne Elk River 50.119.a.6 WHHCA - Migratory Waterfowl Hunting Violation Misdemeanor No No Ordinance Sherburne Elk River 50.120.a GNT - Hunting Without Prior Approval Misdemeanor No No Ordinance Sherburne Elk River 50.120.d GNT - Closed Trail Trespassing Petty Misdemeanor Yes $50.00 No Ordinance Sherburne Elk River 50.209 Administrative Subpoenas Misdemeanor No NONMOVE No Ordinance Sherburne Elk River 50.217.1 Failure to Pay Admin. Fine or Request Hrg.Misdemeanor No NONMOVE No Ordinance Sherburne Elk River 50.217.2 Failure to Appear at Scheduled Admin. Hrg.Misdemeanor No NONMOVE No Ordinance Sherburne Elk River 50.217.3 Failure to Pay Admin. Fine - Hrg. Board Misdemeanor No NONMOVE No Ordinance Sherburne Elk River 50.217.4 Failure to Pay Admin. Fine - City Council Misdemeanor No NONMOVE No Ordinance Sherburne Elk River 54.31 Closed Parks Petty Misdemeanor Yes $50.00 PARK No Ordinance Sherburne Elk River 54.32 Consume on Public Beach Misdemeanor Yes $100.00 ALCOHOL No Ordinance Sherburne Elk River 54.33 Disturb Peace Misdemeanor No OFFCON No Ordinance Sherburne Elk River 58.32.a Littering Petty Misdemeanor Yes $50.00 GARBAGE No Ordinance Sherburne Elk River 58.33 Solid Waste Accumulation Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.35 Burying Refuse Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.36 Storage and Disposal of Refuse Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.37 Refuse Containers Misdemeanor No GARBAGE No Ordinance County Jurisdiction Ordinance and Rule Number Ordinance and Rule Description Degree Payable Indicator Base Fine Amount Offense Code Certify to DPS Indicator Category *an additional surcharge may be added to the fine by the State of Minnesota Page 261 of 379 EXHIBIT B Police Fines Sherburne Elk River 58.39 Solid Waste/Yard Waste Transfer Facility Misdemeanor Yes $100.00 GARBAGE No Ordinance Sherburne Elk River 58.39 Trespass/Yard Waste Facility Misdemeanor Yes $500.00 Garbage No Ordinance Sherburne Elk River 58.62.a License Required Waste Haulers Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.64 Refuse Collection Allowed 0600-1900 Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.100.a Burning of Solid Waste Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.100.c Dangerous Waste Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 58.100.d Hazardous Waste Misdemeanor No GARBAGE No Ordinance Sherburne Elk River 74.61 Exhibition Driving Petty Misdemeanor Yes $50.00 TRAFFIC Yes Ordinance Sherburne Elk River 74.95.a Angle Parking Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.95.a Angle Parking - Fine Unpaid/Subseqent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.96.a Overtime Parking Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.96.a Overtime Parking - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.97.a Nighttime No Parking Zone Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.97.a Nighttime No Parking Zone - Fine Unpaid/Susequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.98.b Parking Vehicle for Sale on City Property Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.98.b Parking Vehicle for Sale on City Property - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.99.b Employee Parking - City Lots Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.99.b Employee Parking - City Lots - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.100.b Fire Lane Signage Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.100.b Fire Lane Signage - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.101.a Parking on City Street over 24 Hrs.Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.101.a Parkign on City Street over 24 Hrs. - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.102.a Snow Removal Parking - City Streets Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.102.a Snow Removal Parking - City Streets - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.102.b Snow Removal Parking - King Ave. Lot Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.102.b Snow Removal Parking - King Ave. Lot - Fine Unpaid/Subsequent Violation Petty Misdemeanor Yes $40.00 PARKING No Ordinance Sherburne Elk River 74.123 Parking in Truck Zones Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.124 Parking in Loading Zones Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.125 Semitrailer Parking Petty Misdemeanor Yes $20.00 PARKING No Ordinance Sherburne Elk River 74.154 Snowmobile w/in City Limits Petty Misdemeanor Yes $50.00 REC No Ordinance Sherburne Elk River 74.155 Snowmobile Requirements Petty Misdemeanor Yes $50.00 REC No Ordinance Sherburne Elk River 74.156 Unattended Snowmobile Petty Misdemeanor Yes $50.00 REC No Ordinance Sherburne Elk River 74.157.1 Operation ATVs Within City Limits - No ATV Zone Petty Misdemeanor Yes $50.00 REC No Ordinance Sherburne Elk River 74.157.2 Operation ATVs Within City Limits - ATV Zone Petty Misdemeanor Yes $50.00 REC No Ordinance County Jurisdiction Ordinance and Rule Number Ordinance and Rule Description Degree Payable Indicator Base Fine Amount Offense Code Certify to DPS Indicator Category *an additional surcharge may be added to the fine by the State of Minnesota Page 262 of 379 EXHIBIT B Police Fines Sherburne Elk River 74.182 Rec. Veh. Trespass Misdemeanor No REC No Ordinance Sherburne Elk River 78.51 Water Use Restriction - Second Violation Petty Misdemeanor Yes $50.00 ZONING No Ordinance Sherburne Elk River 78.51 Water Use Restriction - Third or More Violation Petty Misdemeanor Yes $100.00 ZONING No Ordinance Sherburne Elk River 78.341 Meter Tampering Misdemeanor No HOUSING No Ordinance County Jurisdiction Ordinance and Rule Number Ordinance and Rule Description Degree Payable Indicator Base Fine Amount Offense Code Certify to DPS Indicator Category *an additional surcharge may be added to the fine by the State of Minnesota Page 263 of 379 New Residential Electric Connection - Developer - Lot with ERMU water service $975.00 New Residential Electric Connection - Developer - Lot without ERMU water service $1,475.00 New Electric Connection (standard)$900.00 New Electric Connection - Non Standard Loads (i.e seasonal cabin, RV panel, Billboards, electric fence, etc.)100% New Wire Footages over 200' (per foot)$5.00 New Service Frost Trenching (per foot) $6.00 New Commercial & Industrial Electric Connection 50% Service Upgrades or Additions for Existing Customers 100% Minimum Temporary Electric Service - Existing Transformer $350.00 Minimum Temporary Electric Service - Without Existing Transformer $1,000.00 Non-Standard Temporary Electric Service - (Additional infrastructure needed to install service to customer)100% Grid Access Fee 5.56/kW Street Light - 30' Decorative Pole with 6' Arm and Cobra Fixture $3,400.00 Street Light - 23' Decorative Pole with Cobra Fixture $2,400.00 Street Light - 14' Decorative Pole with Cobra Fixture $5,500.00 Street Light - 14' Decorative Pole with Acorn Fixture $7,500.00 Security Light - Wood Pole with Fixture $975.00 Security Light - Existing Pole $350.00 Pole Attachment Fee (per pole) $15.00 Meter Installation Fee (per individually metered apartment unit)$25.00 Water Access Charge = Water Connection Charge + Water Availability Charge $3,990.00 Water Connection Charge (Per Plumbing Unit) - Builder $3,600.00 Water Availability Charge (Per Plumbing Unit) - Developer $390.00 Abandoned Water Service (minimum)$6,000.00 Backflow Preventer Device Non-Compliance (per month)$100.00 Deposit for 5/8" Hydrant Meter $175.00 Deposit for 2 1/2" Hydrant Meter $1,500.00 Hydrant Water Sales - Rental (per week)$50.00 Hydrant Water Sales - Units (per 1000 gallons)$4.20 Hydrant Wrench $40.00 Private Hydrant Maintenance Program Monthly Fee $5.00 Administrative Fee for Continued Submission of Checks After No-Check Notice Given $20.00 Administrative Fee for Continued Submission of payment on a closed account $20.00 Billable Cost of Materials Markup 15% Billable Labor Markup 58% Billable Vehicle / Equipment (per hour)$50.00 Commerical Application Fee $20.00 Electric Service Disconnect/Trip Fee - Meter Technician $50.00 Electric Service Disconnect/Trip Fee - Line Crew $150.00 Water Service Disconnect/Trip Fee - Water Operator $100.00 Manual Meter Reading Fee (per month)$50.00 Additional Meter Reading Fee (per month) $10.00 Meter Tampering Fee $250.00 Meter Testing Fee $50.00 NSF Fee $30.00 Penalty Amount 10% Photocopies (per page)$0.25 Red Tag Handling Fee $20.00 Federal, state, and local taxes may apply Adopted by the Utilities Commission on November 12,2025 under authority per Minnesota Statute 412.361 ELECTRIC WATER ADMINISTRATIVE Elk River Municipal Utilities 2026 Utilities Fee Schedule Page 264 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 8.1 Meeting Date November 17, 2025 Prepared By Tina Allard, City Clerk Item Description Tobacco Compliance Failures: Elk River Tobacco Reviewed by Cal Portner Action Requested Discuss penalties for age compliance check failures at Elk River Tobacco, LLC. If the Council makes a determination to revoke their tobacco license, direct staff to prepare findings of fact. Background/Discussion Elk River Tobacco Licensee Noman Husein has had four age compliance check violations within the last 36 months. See the attached letter dated October 27, 2025, that was sent to Mr. Husein, which outlines the timeline of each offense. Certified letters were sent to Mr. Husein's business and home addresses and were accepted at both locations. Mr. Husein waived his hearing rights for the first three violations. He paid the fines for each violation, and for his third violation, his license was suspended for seven days from October 8–14, 2024. The following is outlined in Minnesota Statute 461.12, Subd. 2, regarding three or more violations: "...For a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco- related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked.” The city attorney will be in attendance and will outline the hearing process. The police department and Sherburne County staff will be in attendance to discuss the violations. Mr. Husein will also have an opportunity to present evidence. Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Driver's License Examples Page 265 of 379 2. October 27, 2025 Letter: Fourth Violation Hearing & Fine Notice 3. 2022 Incident Report 4. 2024 Incident Reports 5. 2025 Incident Reports 6. Elk River Tobacco Signed Waiver Forms 7. Other City Penalties 8. Applicant's Letter 9. Letter Inspection Pass 2023 10. Health Inspection Report 120224 11. Health Inspection Report 072425 Page 266 of 379 Example of a standard driver’s license Vertical driver’s license and ID cards are issued to anyone who is under the age of 21. This has been in effect since 2018. This provides a quick reference that the cardholder is a minor. Vertical ID’s for under 21 are used in 46 other states. Page 267 of 379 CERTIFIED MAIL – RETURN RECEIPT REQUESTED October 27, 2025 Elk River Tobacco, LLC. Noman Husein 1148 111th Lane NE 19262 Evans Street Blaine, MN 55434 Elk River, MN 55330 Re: Fourth Offense: Tobacco Sales Violations to Persons Under Age 21 1. Hearing and Notice of Suspension and Potential License Revocation 2. Penalty Fee $1,000 Due Wednesday, November 26 To Noman Husein: On Friday, October 17, 2025, the Elk River Police Department, working with Sherburne County Health and Human Services, conducted compliance checks and cited Elk River Tobacco, LLC/Elk River Tobacco for selling tobacco products to a person under the age of 21. This is your fourth violation within a 36-month period On Tuesday, June 18, 2024, the Elk River Police Department, working with Sherburne County Health and Human Services, conducted compliance checks and cited Elk River Tobacco, LLC/Elk River Tobacco for selling tobacco products to a person under the age of 21. This was your third violation within a 36-month period. On Thursday, August 8, 2024, the Elk River Police Department again conducted a compliance check and cited your establishment for selling tobacco products to a person under the age of 21. This was your second violation within a 36-month period. In a further review our records, we determined there was a violation that occurred Monday, December 5, 2022, which would have been your first violation to have occurred within a 36- month period. Due to the four citations, you are in violation of Minnesota Statute 461.12, Subd. 2: Administrative penalty for sales and furnishing; licensees, which provides in relevant part: “If a licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision of this chapter, the licensee shall be charged an administrative penalty of $300 for the first violation. An administrative penalty of $600 must be imposed for a second violation at the same location within 36 months after the initial violation. For a third or any subsequent violation at the same location within 36 months after the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices, electronic delivery devices, Page 268 of 379 or nicotine or lobelia delivery products at that location must be suspended for not less than seven days and may be revoked.” This letter serves as official notice of your scheduled hearing before the Elk River City Council on Monday, November 17, 2025, at 6:00 p.m., at City Hall, 13065 Orono Parkway, Elk River, Minnesota. The purpose of this hearing is to impose, at a minimum a suspension of not less than 7 days and consider the potential revocation of Tobacco License TBC23-000008. During the hearing, you will have an opportunity to present any relevant evidence and testimony to support your appeal. The City Council will carefully consider your case and render a final decision on the matter. Please be aware that the hearing proceedings will be governed by the following guidelines: ▪ You may bring legal representation to the hearing. ▪ You may present witnesses, documents, or other evidence relevant to your case. ▪ The hearing will be recorded for record-keeping purposes. ▪ The City Council's decision will be final and binding. If you have any questions about the hearing process, contact the Office of the City Clerk at 763.635.1003. The penalty of $1,000 is required by statute and shall be submitted to: https://cityofelkriver.revtrak.net/ by November 26, 2025. Sincerely, Tina Allard City Clerk Cc Cal Portner, City Administrator Dave Kuhnly, Police Chief Page 269 of 379 ELK RIVER POLICE DEPARTMENT INCIDENT REPORT ICR#22022290 AGENCY ORI#MN0710200 JUVENILE: Reported:12-05-2022 1725 First Assigned:1725 First Arrived:1725 Last Cleared:1735 Committed Start:12-05-2022 Committed End:12-05-2022 Title:Citation How Received:In Person Short Description: Tobacco compliance check failure Summary: While performing tobacco compliance checks the cited subject sold a tobacco product to a minor. See supplemental. [Officer 614; Citation 71022022003681] Cited for selling tobacco to a underage person. See supplemental. 12-7-2022 - Mailed letter and citation to cited party; #671. 12-21-22 - Mail was returned to ERPD, due to insufficient address. I called the cited party for info on apartment number. He referred me to his dad and gave me the number stating his English wasn't good enough to give me that information. I attempted to call his dad at the provided number, who did not answer. I left a voicemail requesting the apartment number information. See supplemental. #671. Location(s) Elk River Tobacco LLC Address:19262 Evans St NW City:Elk River State:MN Zip:55330 Country:US Custom Attributes AXON - BWC Officer Assigned:Williams, David Badge No:614 Primary:Yes Involvement: Arrested Name:Husein, Yousef Noman DOB:12-18-2002 Age:19 Sex:M Race:U Height:0 Weight:0 Address:(Residence) 15667 88th St NE City:Otsego State:MN Zip:55330 Country: Phone:(Unknown) (612)895-9330 Arrest Date Time:12-06-2022 1725 Involvement: Mentioned Name:Sherburne County Health and Human Services Address:(Government) 13880 Business Center Dr NW City:Elk River State:MN Zip:55330 Country:US Phone:(Business) (763)765-4000 Involvement: Mentioned Name:Lees, Mark Frederick DOB:03-31-1971 Age:51 Sex:M Race:W Height:0 Weight:0 Page 1 of 4Incident Report 11/14/2025Page 270 of 379 Address:(Government) 13880 Business Center Dr NW City:Elk River State:MN Zip:55330 Country:US Phone:(Work) (763)241-2750 Involvement: Mentioned Name:Elk River Tobacco LLC Address:(Business) 19262 Evans St NW City:Elk River State:MN Zip:55330 Country: Phone:(Business) (763)515-3163 BarCode:22-01275 Item Type:Tobacco Bin:DESTROYED Description:Cigarettes Location Address:(Business) 19262 Evans St NW City:Elk River State:MN Zip:55330 Country:US #71022022003681 Dt\tm:12-05-2022 Officer:Williams 614 Description: SALE TOBACCO MINOR Last Name:Husein First:Yousef Middle:Noman DOB:12-18-2002 Address:(Residence) 15667 88th St NE City:Otsego State:MN Zip:55330 Country: Offense(s) Offense:SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR Locations(s) Address:(None Selected) 19262 EVANS ST NW City:Elk River State:MN Zip:Country:US Court Dt\tm:--Court Location:Sherburne County Offense:SALE TOBACCO MINOR (26.37.a) SALE TOBACCO MINOR Type:Submitted to City Attorney Disposition:Citation Name:Husein , Yousef Noman 12-18-2002 Page 2 of 4Incident Report 11/14/2025Page 271 of 379 Supplemental Report ICR:22022290 Last Modified:11-14-2025 1418 Title:Citation Created By:David Williams On Monday 12/05/22 I, Detective David Williams, was conducting tobacco compliance checks throughout the city of Elk River. I performed this with the assistance of Mark Lees with Sherburne County Health and Human Services and the person under the age of 21 who Lees had pre-selected. See the miscellaneous officer report (22022287) for information on the identity of the purchaser. The purchaser will be hereinafter referred to as “the buyer”. Lees had provided the buyer U.S. currency to attempt to purchase tobacco products as part of the compliance checks throughout the evening. At approximately 1725 hours the buyer entered Elk River Tobacco LLC (Tobacco+) located at 19262 Evans St NW. Shortly thereafter, the buyer exited the business with a pack of Camel Turkish Silver Classic cigarettes which she advised Lees and I that she purchased. The buyer turned over the pack of cigarettes to me which I secured as evidence. After completing the compliance checks, I brought the cigarettes back to the Elk River Police Department where I secured it in my office and later entered into evidence on 12/06/22. I also took photographs of the pack of cigarettes and uploaded it to evidence.com. The buyer described the salesclerk to Lees and I at which time Lees and I entered the business and made contact with the clerk who I identified by United States Passport as Yousef Noman Husein DOB: 12/18/02. Husein advised he does not have a MN driver’s license. I later confirmed that Husein did not have a MN driver’s license on file. Husein admitted to selling the cigarettes to the buyer and knowing that it is illegal to sell tobacco products to people under 21 years of age. Husein admitted to not asking for the buyer’s identification or asking her age. Husein said he didn’t ask for her identification or age because he thought the buyer looked older. Lees talked with Husein about training he may have received from the employer in how to identify underage subjects trying to purchase tobacco. Lees also advised Husein to follow the recommendation of checking the identity of anyone suspected of being 30 years old or younger. I activated my body worn camera while Lees and I were inside the business talking with Husein. On 12/06/22 I issued Husein citation #71022022003681 for selling tobacco to a person under 21 years of age (city ordinance 26.37.a). I mailed the citation to Husein along with a letter of explanation. End of report. Detective David Williams #614 Elk River Police Department DW: 12/06/22 Page 3 of 4Incident Report 11/14/2025Page 272 of 379 Supplemental Report ICR:22022290 Last Modified:11-14-2025 1421 Title:Info Created By:Tiffany Rossmeisl When I called Yousef on 12/21/22 for an apartment number after his letter and citation came back to ERPD, he gave me his father's information so I could call him and get the information. The name and number he provided me with was Noman Husein, 601-595-0523. Checking our in-house records, I located a party with that name and phone number, but at a different address. I called Noman Husein and left a voice mail asking for the apartment number for Yousef at his Otsego address. As of 12-22- 22 at 1617 hours, I have not received a call back. I placed the envelope with letter and citation in the city attorney's mailbox at the front desk until I can remail it with the apartment number. According to records, I believe that his father may be the permit holder for the tobacco shop. Tiffany Rossmeisl #671 12-22-2022 Page 4 of 4Incident Report 11/14/2025Page 273 of 379 Page 274 of 379 Page 275 of 379 Page 276 of 379 Page 277 of 379 Page 278 of 379 Page 279 of 379 Page 280 of 379 Page 281 of 379 Page 282 of 379 Page 283 of 379 Elk-. River VIOLATION: LI ENSEE: NOTICE DATE: DATE OF VIOLATION: DEC , 2022 TOBACCO VIOLATION NOTICE Sale of tobacco to under 21" Elk Rivex Tobacco LLC DecembeY 7, 2022 December 5, 2022 Pursuant to the Minnesota Statute 461.12, the admulistrative penalty assessed fox se]ling tobacco to a person under the age of 21 years is $300.00 You may request a hearing before the City Council within 30 days. If you decide to waive the heaxing, you must submit payment of the adiniiustrarive penalty. Followrng completion of this form, mail it to the Crty ofElk River. If you waive your right to a hearing, submit administratrve penalty fee with this form.) I wish to request an adn iistrative hearing I do not ws.sh to request an adininistrative hearing and am submitting the Adininistrative Penalty of $300 i Please submit payment to: f G'-`-- SIgllatuYe City of Elk River Attn: City Clerk 13065 Orono Parkway Elk River, MN 55330 Z f p F2- Date Page 284 of 379 Ver Tobacco Hearing and Penalty Notice Violation: Tobacco Sales to a Person Under Age 21 First Violation Second Violation Third Violation Licensed Location: 19262 EVANS ST NW Date of Violation: June 18, 2024 Complete the following information and submit by day, month, year. I wish to request an administrative hearing. Staff will contact you to coordinate a hearing date before the Elk River City Council. I waive my right to an administrative hearing and am submitting the applicable penalty. Number of Violations within 36-month period Administrative Penalty First Violation 300 Second Violation 600 Third Violation 1,000 and license suspension for not less than seven days as determined by the city. The city may also revoke the license. Options for submittal are as follows: Email this form to irichter, and make payment at: https: /' /cio-ofclkriver.revtrak.net_' Mail this form and a check payable to the Office of the City Clerk at 13065 Orono Parkway, Elk River, MN 55330. Signature } j r.i vywl y Print Name & Title C9 Date Page 285 of 379 ver Tobacco Hearing and Penalty Notice Violation: Tobacco Sales to a Person Under Age 21 First Violation Second Violation N Third Violation Licensed Location: 19262 EVANS ST NW Date of Violation: August S, 2024 Complete the following information and submit by day, month, year. I wish to request an administrative hearing. Staff will contact you to coordinate a hearing date before the Elk River City Council. N I waive my right to an administrative hearing and am submitting the applicable penalty. Number of Violations within 36-month period Administrative Penalty First Violation 300 Second Violation 600 Third Violation 1,000 and license suspension for not less than seven days as determined by the city. The city mar also revoke the license. Options for submittal are as follows: Email this form to '1(-re]kriveri iii.-_,c and make payment at: htips:/ i cin ofelkriver.revtrak.net. Mail this form and a check payable to the Office of the City Clerk at 13065 Orono Parkway, Elk River, MN 55330. ignature Date OVAc US.e v-\ Print Name & Title Page 286 of 379 Other City Processes City Champlin Revocation upon a 4th violation Plymouth Revocation Prior Lake No policy St. Francis After 3rd offense, license shall be suspended for not less than 30 days. Shoreview 4th violation, $1,500 fine and 15-day suspension 5th violation, $2,000 fine and 30-day suspension 6th violation, revocation for one year Page 287 of 379 Page 288 of 379 Page 289 of 379 Page 290 of 379 Page 291 of 379 Page 292 of 379 $%2!36/&06n1'n*&!.n7*n!0$n*8/!0n4%3:+"&4n 3AA1¸-?1¸1CI7¸-1=8?8DEC-F8A?¸ ," 8@JKI@7KYG>>@79Y588I:JJYYH?GF;YFG# @ %19%6@'47@ 3" ##3@ 73$=#:8@ @ %?@ 058*+6%@>%2=%@ -.>%7@ 57,2(@/@ @ ???&$ )3> 3"!##3 73$=#;8 KGY . ! 4 0/W*)UQ Y 1$YFND6;IY5F8YJLI<<KY AY 2'Y7@MY5F8YJK5 K=YYPRG8<Y V%S& 3&YH?GF9YFG&YY5I;5Y7G89 0[hODGn [Hn +Yf]GDhP[Yn Qfn MG`GBmn KPkGYn ]i`gjAYhn h[n 4GDhT[Yn An [Hn hMGn (GFGaAUn '[[Fn $`jKn 84" n A@ AYF[an2Adn'n[an)n7PhVGn -VUn[InhNGn2jBWPDn*GAVhMn5GePDGn!Dhn <n8 4 # n@ XT(Y AYFn "[fXGhPDfn !Dhn = 1;0%3 n -¸L¸ L~~¸P©lZ¸ ¡kL¡¸l¸©PvZR¡¸¡ ¸41-¸Zj©yL¡m ¸² ©¸kM¬Z¸ ¡kZ¸mjk¡¸ ¢ ¸ZZx¸Mm¡MRZ¸] ¸¡kZ¸ ID¸DLyy¸.©mZ¸ -Vmn¡M¢m ¸D.-¸Gks¸Mm¡MRZ¸mRy©VZ¸M¸ZRkMm¸¡ ¸MVVZ¸¡kZ¸Z] RZZ¡¸MR¡m ¸ ]¸3ZVZMy¸MjZRmZ¸D.-¸kM¸M¸ ?M¡m My¸AP©VM¸A]bmRZ¸¡kM¡¸ZRZm¬Z¸R Z¡¸] ¸Myy¸P©mZZ¸LP ©¡¸5ZVZMy¸MjZR²¸Z]RZZ¡¸MR¡m ¸9]¸² ©¸ ®mk¸¡ ¸R Z¡¸ ¸¡kZ¸Z_R[Z¡¸LR¡o¸ ]¸51-¸0-;<¸(((¸&"#"!#&¸EkZ¸®ZPm¡Z¸MVVZ¸m¸K>¯QNj ¬ P©WM¸ 51-¸kL¸M¸AcbmRZ¸ ]¸¡kZ¸AP©VM¸¡kM¡¸RL¸VmZR¡y²¸Mm¢¸Myy¸P©mZ¸®m¡k¸R zMm¡¸ ¸Vm©¡Z¸MP ©¡¸MR¡m ¸ ]¸¡kZ¸51-¸ HkM¡¸ emRZ¸RM¸PZ¸ZLRkZV¸P²¸RMyymj¸" ¸&)%($" ¸ ¸P²¸ZMmy¸M¡¸ P©V, RaXMj ¸ 5 ¸mV©¡²¸p] M¡m ¸j ¸¡ ¸¶*@·^Yj¬ R qV© ¡³¸ !]]VRDACVGn^\dP[Yfn[Hn4GEhS\Yn n AYFn\hNG`n4GEhR\Yfn[JnhMGn (GFGbAUn (\\Fn $`jLn AZFn "\fXGhPDn !Ehn >n 9 4 " n ?n AcGn _j\hGFnCGU\l n DZR¸' #L ¸6 ¸© Z¸ ]¸Z] RZZ¢¸ ]¸¡km¸-R¡¸ emRZ¸ ¸Zy ²ZZ¸V©y²¸VZmjM¡ZV¸P²¸¢kZ¸DZR¢M²¸© ¸ZZ¢mj¸ M mM¢Z¸ RZVZ¡mMy¸MV¸ M¸ ®m¡¡Z¸ ¡mRZ¸ ¡ ¸¢kZ¸ ®Z ¸ ZM¡ ¸ ¸MjZ¡¸ m¸ RkMjZ ¸MZ¸ M©¡k m´ZV¸-¸ ¡ ¸Z¡Z¸ L¢¸ ZM MPyZ¸ ¢mZ ¸ M²¸ ]MR¡ ²¸®MZk ©Z¸ ¸Z¡MPymkZ¡¸ m¸ ®kmRk¸] V¸V©j¸ VZ¬mR[ ¸¡ PMRR ¸ V©R¡ ¸ ¸R Z¡mR¸MZ¸ L©]MR¡©ZV¸ RZZV¸LRxZV ¸ ¸kZyV¸ ] ¸m¡ V©R¡m ¸m¡ ¸ m¡Z¡L¢Z¸R ZRZ¸ ¸MiZ¸©Rk¸m¢ V©R¡m ¸ ¸¡ ¸ Z¡Z¸M²¸ ¬ZkmRyZ¸PZmj¸©ZV¸¡ ¸¡M ¡¸ ¸k {V¸©Rk¸] V¸V©j ¸VZ¬mRZ¸ ¡ PMRR ¸ V©R¡ ¸ ¸R Z¡mR¸m¸m¡Z¡M¢Z¸R ZR[+¸MV¸.¸ ¡ ¸mZR¡ ¸M¡¸ZL MPyZ¸¡mZ¸MV¸®m¡km¸ZM MPyZ¸ymm¢¸MV¸ m¸L¸ZM MPyZ¸LZ¸©Rk¸]OR¡ ¸®MZk ©Z¸Z¡MPymkZ¡¸ ¸¬ZkmRyZ¸ MV¸Myy¸ZmZ¢¸Z©mZ¢¸]mmkZV¸MV¸©]mmkZV¸ M¢ZmMy¸R ¡MmZ ¸ MV¸yMPZymj¸¢kZZm¸ 8¸ ¡kZ¸RMZ¸ _¸M²¸ Z ¸ Z°R|©Vmj¸_M¸MV¸ Z¡M©M¡¸®k ¸ M©`MR¡©Z ¸ RZZ¸MRx¸¡M ¡¸Vm¢mP©¡Z¸k yV¸ ¸m ¸g V¸ ¡kZ¸mZR¡m ¸kMyy¸Z±¢ZV¸¡ ¸Lyy¸ZR V¸MV¸ ¡kZ¸m]M¡m ¸ (13/n($!n n n BC2J9AID¸219E9A?¸9D¸A/DA;2E2¸ -+" LOH;YGIYHI@FKYF5E<JY5F8YKBKC;J Y *6,8@32 .$@285%#<37@ VZRmPZV¸m¸ZR¢m ¸# # ¸®kZ¸¡kZ¸¡LVMV¸h¸ZRV¸mZR¡r ¸ ©VZ¸MMjMk¸ ¸ ¸!¸ ]¸ZUm ¸# #L¸M}mZ¸©PwZU¸¡ ¸¡kZ¸ ymm¢M£m ¸Z¢MPmkZV¸m¸ZS¥t ¸# #µV¸:¸¡kZ¸RMZ¸ ]¸L²¸`LR¡ ¸ ®MZk ©Z¸Z¡LPymkZ¡ ¸ ¸ R ©y¡mj¸yMP M¡ ¸ m¸ ®kmRk¸ ZRm¡m ¸ V©j ¸ ZRm¡m ¸V©j¸ m¡ZVZV¸ ] ¸ k©M¸ ©Z¸ Z¢uUZV¸ VZ¬mT¸ ¸¢ PMRR¸ V©R¨¸MZ¸M©dS¢ª\V¸ TZV¸MRxZV¸ ¸ kZyV¸mZR¡m ¸kMyy¸Z°§ZV¸ ¡ ¸ Myy¸¡kmj¸ ¡kZZm¸ sRy©Vmj¸ZR V ¸ _myZ¸LZ¸ RZZ ¸R ¡ y¸ MV¸ dRmym¢mZ¸PZMuj¸ ¸®kZ¢kZ¸ ZRm¢m ¸Vªj ¸ ZRl¡m ¸ V©j¸m¡ZVZV¸_¸ k©M¸ ©Z¸Z¡mR¤ZV¸ VZ¬mT¸ ¸¡ PMRR ¸ V©U¸®ksRk¸LZ¸MV©y¡ZM¡ZV¸ ¸mPMVZV¸®m¡km¸¡kZ¸ZMmj¸ ]¸¢km¸-S¢¸ ¸®ksRk¸M²¸ ¢¸PZ¸L©dR¡©ZV ¸m¡ V«RZV¸m¢ ¸ m¢Z§M¢Z¸ R ZRZ¸ ¸ yV¸ ¸ ]bZZV¸` ¸M{Z¸ P²¸ZL ¸ ]¸ M²¸ ¬mm ¸ ]¸¡km¸-R¤¸ kL¬Z¸PZZ¸ ¸MZ¸PZmj¸ M©]MR¢©ZV ¸ RZZV¸MRxZV¸ ¡M ¦ZV¸ ¸kZyV¸ m¸L²¸ ©Rk¸yMT¸ ¸ ¡kZmZ¸PZMmj¸ ¸¬m yM¡m ¸ ]¸¡km¸-R¤¸? ¸mZS¡m ¸M©¡k m´ZV¸ P²¸ ¡kZ¸ZRZVmj¸Z¡ZRZ¸ ¸ P²¸ MMjMk¸ "¸ kLyy¸ Z°¡ZV¸ ¡ ¸ fMRmMy¸VM¤M ¸MyZ¸VM¢M¸ ¢kZ¸¡kM¸kmZ¡¸VM¡M¸mRmj¸VM¢M¸ Z Zy¸VM¢L¸ ¡kZ¸ ¢kM¸VM¡M¸ M¸¡ ¸ ©Mym_mRM¡m ¸ ]¸ ¡ZRkmRMy¸ MV¸ ]Zm Ly¸Z Zy¸Z] mj¸]©R¢m ¸©PwZR¡¸¡ ¸¡km¸ BLjZ¸ ¸ ]¸"¸016,#%n1'n+042%"7+10n Page 293 of 379 Page 294 of 379 Page 295 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 8.2 Meeting Date November 17, 2025 Prepared By Zack Carlton, Community Development Director Item Description Concept Plans: Elk River Water Tower Historic Site Reviewed by Cal Portner Tina Allard Action Requested Accept, by motion, the plans for the Elk River Water Tower Historic Site. Background/Discussion The Heritage Preservation Commission has been working with Mend Collaborative and a subcommittee that includes commission members, Council Member Calva, and staff to prepare conceptual plans for the Jackson Street Water Tower site. The project included multiple public participation opportunities, including an online survey and two events at the Farmer's Market. The feedback from the community and the subcommittee has been incorporated into the conceptual plans. This site is anticipated to be the anchor for a larger Elk River Historic Trail/ Walking Tour, where residents and visitors are invited to walk along a marked trail that tells the history of Elk River. Representatives from the Committee and Mend Collaborative will present the plans, cost estimates, and grant funding research. Staff request Council feedback on the project, and ask for a motion to accept the plans. The project scope included the identification of grant and fundraising opportunities. If the plans are accepted, staff will begin looking more closely at these opportunities and prepare for grant submittals based on the individual submission windows. The first step in the process, and one that will support the grant applications, will be the preparation of construction plans with material specifications. Staff have included a request for funding the plans in the CIP for 2026. Financial Impact Staff will work to secure grant opportunities and donations, but the construction will require matching funds, which may be proposed as part of a future city budget. Mission/Policy/Goal Reflect the culture of citizens and what is important, together we win, and timeless Attachments 1. Elk River Water Tower Historic Site Concept Plans Page 296 of 379 CONCEPT PLAN 11/07/2025 Page 297 of 379 PAGE 2 Table of Contents Project Goals ...................................................3 Community Voice & Input ..........................4 Final Concept ..................................................7 Experiential Rendering ...............................8 Materials & Plantings ..................................9 Storytelling ......................................................10 Furnishings .....................................................11 Circulation .......................................................12 Water Feature .................................................13 Plant Palette ....................................................14 Opinion of Probable Cost ...........................15 Funding Strategy ...........................................16 Page 298 of 379 PAGE 3 Project Goals Vision Statement: Water Tower Historic Site is a welcoming community space that celebrates the iconic water tower, local heritage, and everyday gathering. Designed for all ages, it supports connection, play, events, and ecological systems while reflecting the spirit of the community. Concept Plan Goals: • Elk River’s history is celebrated through storytelling, art, and interpretive design. • The site is a symbolic place for the community of Elk River. • The site is welcoming, inclusive, and accessible for all ages and abilities to experience and enjoy. • The site is a key stop along a future Elk River Heritage Walk, connecting various historic sites throughout the city. Page 299 of 379 PAGE 4 Community Voice & Input Main programmatic elements: JULY ENGAGEMENT OUTCOMES (PRE-DESIGN) What needs to be here? • Play • Pathways • History & Storytelling What do you want this place to be? A place to celebrate and preserve Elk River’s historic water tower as a symbol of community pride—sharing stories of Elk River’s history, as well as educational information about the water tower. How should history be told? • Live programs or events • Interpretive signage and panels • Public art & Sculpture • Space for small gatherings and learning sessions • History interpretation and education • Plantings • Pathways • Public art Page 300 of 379 PAGE 5 Community Voice & Input SEPTEMBER ENGAGEMENT OUTCOMES (CONCEPT DESIGN) • Community preference leans toward concept 1 • Preference for interactive water feature • The more flowers the better • Interest in seeing the boardwalk integrated into concept 1 Page 301 of 379 PAGE 6 Community Voice & Input SEPTEMBER ENGAGEMENT OUTCOMES (CONCEPT DESIGN) Plantings • Year-round interest plantings are preferred • Landscaping that reflects the story of the water tower is strongly preferred Materials • Furnishings that reflect the character of the water tower is preferred • Softer surfacing, like wood decking, is preferred Programming • Swinging benches are strongly preferred • Interactive water feature is strongly preferred Page 302 of 379 Jackson AvenueHistoric Water Tower PAGE 7 Final Concept Learning Storytelling Gathering Reflection 0’5’15’30’N Legend A Bike Racks (4) See Page 9 B Historic Hitching Post D Swinging Benches (3) See Page 9 E Cafe Tables (2) See Page 9 M Stepping Stone Path N Benches (3) See Page 9 F City History Timeline See Page 8 G Park Welcome Wall See Page 8 H Boardwalk See Page 11 K Outdoor Classroom See Pages 7, 8, 9 L History Walk & Signage See Page 8 I Interactive Water Runnel See Page 11 J Rain Garden See Page 11 C Stone Water Feature See Page 11 A B B C D E F G H I J K LM N Page 303 of 379 PAGE 8 Experiential Rendering Learning Circle with Elk River Map Welcome Wall History Plaza with Tabes, Swinging Benches, and Timeline Wall Bike Rack and Hitching Posts Water Pump and Water Play Runnel along Boardwalk History Walk with Interpretation Panels and Benches Page 304 of 379 Jackson AvenueHistoric Water Tower 0’5’15’30’N O PAGE 9 Materials & Plantings Legend Specialty Concrete Stamped integral colored Wood Decking Accoya decking Stepping Stones Natural Limestone Native Prairie Seeded application Concrete Broom finished standard Turf Lawn Sod rolls Plant Bed See Page 12P Rain GardenR Evergreen Trees See Page 12E Ornamental or Columnar Trees See Page 12 O P P R E O O O Page 305 of 379 Jackson AvenueHistoric Water Tower 0’5’15’30’N PAGE 10 Storytelling Park / Heritage Welcome Wall City Timeline City Heritage Map Story Panels Legend Page 306 of 379 Jackson AvenueHistoric Water Tower 0’5’15’30’N Legend S C B L R S S S C C B B B L L R PAGE 11 Furnishings Swinging Benches (3) Wabash Valley In-ground Estate Perforated Swing Bench in red Cafe Tables (2) Dumor Table 295 in red (ensure one ADA compliant) Benches (3) Flagship 6ft bench with back, cedar recycled plastic seats, red frame Circular Learning Benches (4, arranged as 2 arcs) Vestre 630 Vroom bench top curved Ø4000in custom red color Bike Racks (4) Dero Hoop Rack in red Page 307 of 379 Jackson AvenueHistoric Water Tower 0’5’15’30’N Legend PAGE 12 Circulation Summer Paths Winter Paths Gathering Spaces Page 308 of 379 PAGE 13 Water Feature Manual-activation hand pump positioned over natural stone Channelized runnel (concrete) formed to flow water in a natural, fun manner Wooden boardwalk along channel for water interaction Planted buffer against timeline wall Natural stone covered catch basin / drain Raingarden / Infiltration basin Page 309 of 379 PAGE 14 Striking reds Movement Year-round interest Year-round interest Smoke-like textures Columnar showy seasonal trees Plant Palette Page 310 of 379 General Construction Conditions Site Preparation and Grading Hardscape Plantings / Landscaping Lighting / Electrical Furnishings Special Features Signage and Storytelling Interactive Water Feature Subtotal Contingencies and OH&P*Estimated Construction Total Estimated Construction Documentation, Bidding Support, & Construction Administration Cost** $14,420.00 $13,671.00 $66,042.50 $23,546.80 $19,525.00 $38,578.75 $60,000.00 $65,440.00 $301,224.05 $121,865.99$423,090.04 $40,000.00 to $50,000.00 PAGE 15 Opinion of Probable Cost Note: This opinion of probable construction cost is made on the basis of Mend Collaborative’s experience and comparable project cost research. However, since Mend Collaborative has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor’s methods of determining prices, or over competitive bidding or market conditions, Mend Collaborative cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from this opinion of probable construction cost. *At this level of design, contingencies are estimated high - around 30%. This is done in effort to set expectations for any fluctuations in construction industry changes in labor costs, materials costs, or unforeseen circumstances. ** Estimated consulting fees for construction documentation includes the following specialties: Landscape Architecture, MEP, Civil Engineering, and Cost Estimation. General consulting fee estimation can be assumed around 12% of total construction cost. Page 311 of 379 PAGE 16 STEP-BY-STEP STRATEGY Funding Strategy To fund the new park, we recommend a layered strategy that considers these steps: The City should begin by pursuing larger grants from the Minnesota Department of Natural Resources and the Greater Minnesota Regional Parks and Trails Commission as primary funding sources. As part of the application process, the City should confirm whether in-kind donations or additional grant funds can be applied toward the required match. To support these applications, the City should also pursue additional regional and national grants focused on historic interpretation, parks, placemaking, and community health. These secondary funding opportunities can be used to enhance key elements of the project, such as bike racks, interpretive features, landscaping, and where allowable, to help meet the matching requirement. While not all programs will align with the project timeline this year, monitoring upcoming grant cycles and shifting program priorities will position the City for ongoing success. Establish a clear local fundraising goal, led in partnership with the Heritage Preservation Commission. This effort can pursue contributions from regional foundations and corporate partners, as well as financial support from local businesses interested in contributing materials or sponsorships. Additionally, community-based giving programs, such as Name Wall efforts, “Adopt-a-Tree” or “Adopt-a-Bench” sponsorships, and naming rights for park features, can deepen neighborhood ownership and broaden support. Once external funding sources have been maximized, the City can source the remaining funds needed through its general fund or capital improvement program, ensuring the project is fully financed while demonstrating public commitment and leveraging community investment. This blended approach, anchored by grants, supported by philanthropic and business support, along with grassroots contributions, positions the City to deliver a signature space with broad community support and minimal reliance on municipal dollars. STEP STEP STEP STEP Page 312 of 379 PAGE 17 SOURCES AND OPPORTUNITIES Funding Strategy Park and Open Space Grants: • MN DNR Outdoor Recreation Grant Program • 50% up to $350,000 Opportunity • Questions for the DNR: Does in-kind donation or other grants obtained count toward the match? • Greater Minnesota Parks and Trails Commission • Parks and Trails Legacy Fund Grant Program for “Regional significance” • Minnesota Recreation and Park Association New Initiatives Grant • $4,000 Opportunity Placemaking Grants: • Project for Public Spaces • Annual, Due in October, $100,000 • Doesn’t qualify this year (focus is street projects) but criteria changes annually • National Association of Realtors • Between $3,000 to $7,500 Opportunity • 2025 funds committed, program will reopen in 2026 • A local realtor would need to be a sponsor • T-Mobile Hometown Grants • $50,000 for shovel-ready projects including outdoor spaces, focused on small towns Environmental / Stormwater Grants: • Sherburne Soil and Water Conservation District • Metro Blooms (Elk River is a BlueThumb partner) History Grants: • Minnesota Historical Society • Minnesota Historical and Cultural Heritage Grants • Likely would only fund the interpretive research • State Historic Preservation Office • Matching grants, typically for preservation projects, but there may be a way to frame this in that way Local Fundraising: • Local Foundations • Central Minnesota Community Foundation • 3M Foundation Grants • McKnight Foundation • Mortenson Family Foundation • Community-Based Support • Name Wall • “Adopt a Tree” or “Adopt a Bench” • Naming Rights Opportunities • Local Business Sponsorships / Donations • The Bank of Elk River (monetary) • Allina Health (monetary) • Plaisted’s (material discounts / donations) • Faith or Civic Group Sponsorships/Fundraising • Elk River Rotary Annual Grant • Annual Grant Application Window: January 15 through March 30 Page 313 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 10.1 Meeting Date November 17, 2025 Prepared By Lori Stich, Finance Manager Item Description Capital Improvement Plan 2026-2030 Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard Action Requested Review the 2026-2030 Capital Improvement Plan. Background/Discussion City staff have identified specific capital projects together with estimated project costs and funding sources to be completed in the next five years. Projects listed for 2026 will be reviewed along with cash flow estimates of the associated project fund. Projects are reviewed annually and updated with the CIP. Capital Reserve Fund The purchase and replacement of IT hardware/software has been funded by the excess General Fund fund balance. The current balance designated for the replacement of IT technology is about $471,000. In addition, the fund receives interest income and cable franchise fees to be used for miscellaneous capital outlay items. The undesignated balance of the fund is about $931,000. Development Fund Used for costs associated with new development projects. The comprehensive update of the zoning ordinance is the only project included for 2026. This project is being carried over from 2025. Equipment Replacement Fund Established to provide funding for the planned replacement of vehicles and mobile equipment, the majority of funding is provided through annual General Fund departmental charges (Chargebacks) and Local Government Aid (LGA). LGA comes from the state general fund revenue collected through sales and income taxes and can be subject to state unallotment. In 2026, our LGA will decrease by about 85% ($272,300). We anticipate losing all LGA in 2027. Department chargebacks are based on the amortization of their respective equipment and updated annually. The Public Works Supervisor evaluates the replacement of vehicles and equipment based on the criteria of age, miles/hours, maintenance costs, and usage type. The 2026-2030 vehicle/equipment purchase requests were Page 314 of 379 reviewed and recommended by the Public Works Supervisor. Government Building Fund Used for municipal building construction/maintenance, landscaping, and remodeling. The Facilities Maintenance Supervisor and department directors identify needed building improvements, which are updated annually. The landfill expansion fee and interest earnings are the primary funding sources. The landfill expansion fee is scheduled to expire in 2030, but is expected to end as early as 2027-2028 based on landfill capacity. The fund has covered debt service payments for the public works building since 2012 and will also cover the 2026 debt service. Projects included for 2026 include adding a rooftop patio for the Overlook Lounge and parking lot expansion at the FTCenter. Both FT Center projects will be repaid as an intergovernmental loan over a 10- year amortization schedule similar to the 2023 Zamboni financed using the Equipment Replacement Fund. Park Dedication Fund Cash balance has decreased from last year to about $127,000 as of 9/30/2025. We are waiting for State/Federal Aid reimbursements for the Mega Loop Trail Project of approximately $1,280,000. Projects planned for 2026 include the Highway 10 and County Road 44 trails. Park Improvement Fund Funds the replacement and maintenance of park amenities with an annual $250,000 transfer from the Liquor Fund. The projects identified by the Parks & Recreation Commission for 2026 include updating the Parks and Recreation Master Plan, upgrades at the PT Complex and Hillside Park, a basketball court at Ridgewood East Park, leasing a Turf Tank for athletic field lining, and miscellaneous repairs at several parks. Pavement Management Fund/MSA A franchise fee on gas and electric utilities is the primary ongoing revenue source to provide long-term funding for the pavement management program. Municipal State Aid (MSA) is also utilized to fund portions of various street improvement projects. The maintenance portion (25%) of MSA offsets the cost of the sealcoating and smaller overlay preventative maintenance projects. MnDOT’s transportation funding allotment for 2026 will be about $1,806,000. Public Safety Aid In 2023, the city received a one-time payment of $1,145,601 to provide public safety. Some eligible uses include: community engagement, training programs, first responder wellness, and equipment. The remaining balance as of 10/30/25 is about $533,700. Projects planned for 2026 include police drone replacement. Funding Yet to be Determined Capital items or projects pending review that do not have an associated funding source identified. Projects for 2026 include construction/design of the Jackson Street Water Tower site, Fire Station 1, fire aerial replacement, and updating the Knox Box key secure system. Other Funds Projects listed for 2026 that are associated with budgeted funds, such as Liquor, Sewer, and Stormwater have been reviewed during budget work sessions or already approved by Council. Financial Impact N/A Mission/Policy/Goal Responsibly grow Attachments Page 315 of 379 1. 2026-2030 CIP Page 316 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Bond Proceeds Athletic Facilities Framework Phase 1 AFF 27-1 10,455,000 10,455,000 Athletic Facilities Framework Phase 2 AFF 27-2 5,550,000 5,550,000 Athletic Facilities Framework Phase 3 AFF 30-1 8,785,000 8,785,000 Athletic Facilities Framework Phase 4 AFF 30-2 8,895,000 8,895,000 Northbound/Cannabound RS 26-1 7,000,000 7,000,000 Bond Proceeds Total 7,000,000 16,005,000 0 0 17,680,000 40,685,000 Capital Reserve - IT 2026 Technology Upgrades TC-26 170,000 170,000 2027 Technology Upgrades TC-27 105,000 105,000 2028 Technology Upgrades TC-28 93,000 93,000 2029 Technology Upgrades TC-29 78,000 78,000 2030 Technology Upgrades TC-30 158,000 158,000 Records Management System PD-30 200,000 200,000 Capital Reserve - IT Total 170,000 105,000 93,000 78,000 358,000 804,000 Capital Reserve - Undesignated Police K9 PD-05 20,000 20,000 Red Dot Sight Project PD-25 51,500 51,500 Rifle Replacement PD-27 81,500 81,500 Capital Reserve - Undesignated Total 51,500 101,500 0 0 0 153,000 City Development Fund Comprehensive Update of Zoning Ordinance Plan-25 150,000 150,000 City Development Fund Total 150,000 0 0 0 0 150,000 Developer TH10 & 165th Ave Intersection II-26 637,500 637,500 Developer Total 637,500 0 0 0 0 637,500 Equipment Replacement Fund Building Safety - Vehicles BZ-01 55,000 50,000 105,000 Facilities Maintenance - Vehicles BM-01 150,000 80,000 230,000 Fire - Trucks FD-02 100,000 100,000 Fire - Vehicles FD-01 65,000 60,000 75,000 200,000 Parks - Mobile Equipment PK-02 223,000 0 50,000 273,000 Parks - Pickup Trucks PK-01 90,000 157,000 55,000 302,000 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 317 of 379 Police - CSO Vehicles PD-03 75,000 75,000 Police - Patrol Squads PD-01 0 170,000 85,000 85,500 340,500 Police - Unmarked Squads PD-02 75,000 0 72,500 75,000 85,500 308,000 Streets - Dump Trucks ST-02 325,000 325,000 650,000 Streets - Mobile Equipment ST-03 194,000 225,000 490,000 389,000 1,298,000 Streets - Pickup Trucks ST-01 55,000 70,000 125,000 Equipment Replacement Fund Total 1,047,000 917,000 902,500 1,054,500 85,500 4,006,500 ERMU 2026 Technology Upgrades TC-26 41,000 41,000 2027 Technology Upgrades TC-27 15,000 15,000 2028 Technology Upgrades TC-28 12,000 12,000 2029 Technology Upgrades TC-29 12,000 12,000 2030 Technology Upgrades TC-30 17,000 17,000 ERMU Total 41,000 15,000 12,000 12,000 17,000 97,000 Federal Grant 193rd Avenue Roundabout II-28 800,000 800,000 Federal Grant Total 0 0 800,000 0 0 800,000 Government Buildings Library LB-03 120,000 120,000 Overlook Lounge Rooftop Expansion FTC-26 80,000 80,000 Parking Lot Expansion FTC-25 75,000 75,000 Police Department Gun Range Update PD-29 175,000 175,000 Government Buildings Total 155,000 120,000 0 175,000 0 450,000 Interfund Loan Zamboni Replacement FTC-27 250,000 250,000 Interfund Loan Total 0 250,000 0 0 0 250,000 Liquor Fund Monument Sign RS 26-2 120,000 120,000 Northbound/Cannabound RS 26-1 1,500,000 1,500,000 Liquor Fund Total 1,620,000 0 0 0 0 1,620,000 Municipal State Aid 193rd Avenue Roundabout II-28 1,000,000 1,000,000 County Projects - Cost Share II-20 1,720,000 1,720,000 Pavement Management - Streets PM-01 4,000,000 4,000,000 TH10 & 165th Ave Intersection II-26 637,500 637,500 Municipal State Aid Total 637,500 5,720,000 1,000,000 0 0 7,357,500 Source Project #2026 2027 2028 2029 2030 Total Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 318 of 379 Park Dedication County Projects - Cost Share II-20 250,000 250,000 Highway 10 Mississippi River Trail PDF 25-2 200,000 200,000 Hillside Park Parking Lot PDF 25-1 250,000 250,000 Oak Knoll Athletic Complex PDF 28-1 450,000 450,000 Park Dedication Total 450,000 250,000 450,000 0 0 1,150,000 Park Improvement Barrington Park Basketball Court PIF 29-1 30,000 30,000 Basketball Courts - Deerfield/Ridgewood PIF 25-1 30,000 30,000 Country Crossings Basketball Court PIF 27-3 10,000 10,000 Dave Anderson AC Concessions Bldg PIF 29-2 250,000 250,000 Dave Anderson AC Infield Recon PIF 27-5 60,000 60,000 Dave Anderson AC - Lighting PIF 28-6 600,000 600,000 Dave Anderson Athletic Complex Fencing PIF 28-1 300,000 300,000 Field Lining - Turf Tank PIF 26-3 16,000 16,000 16,000 48,000 Highlands Park Playground Replacement PIF 28-3 150,000 150,000 Hillside Park Improvments PIF 26-4 15,000 15,000 Kliever Point Park Basketball Court PIF 30-2 30,000 30,000 Kliever Point Park Playground Replacement PIF 30-1 150,000 150,000 Lions Park Basketball Court Replacement PIF 28-4 175,000 175,000 Lions Park Shelters PIF 26-2 300,000 300,000 Park Improvement - Miscellaneous PIF 23-27 16,250 10,000 26,250 Parks & Recreation Master Plan PIF 25-3 100,000 100,000 Plants and Things Recreation Complex PIF 28-2 35,000 35,000 35,000 35,000 140,000 Playground/Basketball Court - Riverplace PIF 26-1 185,000 185,000 Playgrounds - Country Crossing/Trott Brook PIF 24-1 125,000 125,000 PTAC Field Reconstruction PIF 28-5 40,000 40,000 Ridgewood East Park Basketball Court PIF 30-3 3,000 3,000 Rivers Edge Park Fountain PIF 27-2 75,000 75,000 Trott Brook Basketball Court PIF 27-6 9,000 9,000 Trott Brook Tennis Court PIF 27-4 15,000 15,000 West Oaks Park Basketball Court PIF 30-5 30,000 30,000 West Oaks Playground Replacement PIF 30-4 150,000 150,000 Windsor Park Playground Replacement PIF 30-6 150,000 150,000 Woodland Trails Bituminous Trail Replacement PIF 29-3 646,800 646,800 Park Improvement Total 212,250 840,000 1,316,000 961,800 513,000 3,843,050 Pavement Management 193rd Avenue Roundabout II-28 200,000 200,000 County Projects - Cost Share II-20 750,000 750,000 Pavement Management - Parking Lots/Trails PM-02 200,000 350,000 200,000 350,000 200,000 1,300,000 Pavement Management - Streets PM-01 1,300,000 2,000,000 300,000 3,500,000 300,000 7,400,000 Pavement Management Total 2,250,000 2,350,000 700,000 3,850,000 500,000 9,650,000 Source Project #2026 2027 2028 2029 2030 Total Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 319 of 379 Public Safety Aid Drone Replacement Project PD-26 27,500 27,500 Public Safety Aid Total 27,500 0 0 0 0 27,500 Sewer Fund CR 44 Sewer Replacement WW-33 250,000 250,000 Generators WW-28 30,000 30,000 30,000 30,000 120,000 Grit Classifier Replacement WW-30 150,000 150,000 Head of Plant Splitter Structure WW-31 3,800,000 3,800,000 TH10 Lift Station-Wetwell Rehab WW-29 150,000 150,000 Wastewater - Lift Station Improvements WW-19 0 60,000 60,000 65,000 70,000 255,000 Wastewater - Vehicle WW-06 70,000 700,000 770,000 Sewer Fund Total 620,000 790,000 3,890,000 95,000 100,000 5,495,000 Storm Water Stormwater Projects STW-1 50,000 350,000 50,000 350,000 50,000 850,000 Storm Water Total 50,000 350,000 50,000 350,000 50,000 850,000 Yet To Be Determined Downtown Infrastructure Improvements II-30 50,000,000 50,000,000 Fire - Burn Building FD-07 1,000,000 1,000,000 Fire - Engines/Ladders FD-03 2,025,000 2,100,000 600,000 4,725,000 Fire Station No. 1 FS 26-1 20,000,000 20,000,000 Jackson Street Water Tower Park PDF 25-3 50,000 50,000 Knox Box Key Secure System Update FD-26 55,000 55,000 Yet To Be Determined Total 22,130,000 3,100,000 600,000 0 50,000,000 75,830,000 GRAND TOTAL 37,249,250 30,913,500 9,813,500 6,576,300 69,303,500 153,856,050 Source Project #2026 2027 2028 2029 2030 Total Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 320 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Bond Proceeds Athletic Facilities Framework Phase 1 AFF 27-1 10,455,000 10,455,000 Athletic Facilities Framework Phase 2 AFF 27-2 5,550,000 5,550,000 Athletic Facilities Framework Phase 3 AFF 30-1 8,785,000 8,785,000 Athletic Facilities Framework Phase 4 AFF 30-2 8,895,000 8,895,000 Northbound/Cannabound RS 26-1 7,000,000 7,000,000 Bond Proceeds Total 7,000,000 16,005,000 0 0 17,680,000 40,685,000 GRAND TOTAL 7,000,000 16,005,000 0 0 17,680,000 40,685,000 Produced Using Plan-It CIP Software Page 1 / 1 Thursday, November 13, 2025Page 321 of 379 Northbound/Cannabound 2026 thru 2030 Bond Proceeds Elk River, Minnesota Project #RS 26-1 Project Name Northbound/Cannabound Contact Retail Operations Manager Department Retail Operations Type Building Category Buildings Status Pending Useful Life 50 years Description Northbound/Cannabound new construction. Justification Increase operational efficency and expanded service offerings. Expenditures 2026 2027 2028 2029 2030 Total Construction 7,000,000 0 0 0 0 7,000,000 Improvements 1,000,000 0 0 0 0 1,000,000 Design/Construction 500,000 0 0 0 0 500,000 Total 8,500,000 0 0 0 0 8,500,000 Funding Sources 2026 2027 2028 2029 2030 Total Bond Proceeds 7,000,000 0 0 0 0 7,000,000 Liquor Fund 1,500,000 0 0 0 0 1,500,000 Total 8,500,000 0 0 0 0 8,500,000 Produced Using Plan-It CIP Software Page 322 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Capital Reserve - IT 2026 Technology Upgrades TC-26 170,000 170,000 2027 Technology Upgrades TC-27 105,000 105,000 2028 Technology Upgrades TC-28 93,000 93,000 2029 Technology Upgrades TC-29 78,000 78,000 2030 Technology Upgrades TC-30 158,000 158,000 Records Management System PD-30 200,000 200,000 Capital Reserve - IT Total 170,000 105,000 93,000 78,000 358,000 804,000 GRAND TOTAL 170,000 105,000 93,000 78,000 358,000 804,000 Produced Using Plan-It CIP Software Page 1 / 1 Thursday, November 13, 2025Page 323 of 379 Expenditures 2026 2027 2028 2029 2030 Network Core Switch 100,000 Enterprise backup system 25,000 Security camera system replacement 30,000 Wireless Network Replacement 45,000 Door Access Controls for Server Closets 6,000 Microsoft server upgrade 90,000 SIEM Solution 15,000 Simplivity server node Replacement 75,000 60,000 60,000 60,000 75,000 Meraki Switch Upgrades 30,000 30,000 Total Expenditures 211,000 120,000 105,000 90,000 175,000 Funding Sources Capital Reserve Fund 170,000 105,000 93,000 78,000 158,000 Government Building Reserve ERMU (cost share)41,000 15,000 12,000 12,000 17,000 Total 211,000 120,000 105,000 90,000 175,000 City of Elk River Technology/Software Improvements Page 324 of 379 2026 Technology Upgrades 2026 thru 2030 Technology Improvements Elk River, Minnesota Project #TC-26 Project Name 2026 Technology Upgrades Contact IT Manager Department Technology/Communications Type Technology Category Technology Status Active Useful Life 15 years Description Technology upgrades include: $25,000 - Enterprise backup system, $6,000 - Door Access Controls/Server Closets, $90,000 - Microsoft Server upgrade, $15,000 - SIEM Solution, $75,000 - Simplivity server node replacement Justification Annual replacement and upgrade of technology hardware and software. Expenditures 2026 2027 2028 2029 2030 Total Software/Hardware 211,000 0 0 0 0 211,000 Total 211,000 0 0 0 0 211,000 Funding Sources 2026 2027 2028 2029 2030 Total Capital Reserve - IT 170,000 0 0 0 0 170,000 ERMU 41,000 0 0 0 0 41,000 Total 211,000 0 0 0 0 211,000 Produced Using Plan-It CIP Software Page 325 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Capital Reserve - Undesignated Police K9 PD-05 20,000 20,000 Red Dot Sight Project PD-25 51,500 51,500 Rifle Replacement PD-27 81,500 81,500 Capital Reserve - Undesignated Total 51,500 101,500 0 0 0 153,000 GRAND TOTAL 51,500 101,500 0 0 0 153,000 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 326 of 379 Red Dot Sight Project 2026 thru 2030 Capital Reserve Elk River, Minnesota Project #PD-25 Project Name Red Dot Sight Project Contact Police Chief Department Police Type Equipment Category Equipment Status Pending Useful Life 10 years Description Pistol sight platform system that attaches to the slide of the weapon. The sight is an enclosed system with a red LED to assist in acquiring a sight picture faster than with traditional sights. Justification Improved accuracy - allows officers to maintain focus on a target and surrounding area simultaneously Compatability with aging eyes. Assists officer that have far sightedness or require prescription correction. Faster target acquisition Modern technology utilized regularly in law enforcement As we have tested and evaluated this system since November of 2023. Our assessment is consistent with the above listed benefits. Expenditures 2026 2027 2028 2029 2030 Total Equipment 51,500 0 0 0 0 51,500 Total 51,500 0 0 0 0 51,500 Funding Sources 2026 2027 2028 2029 2030 Total Capital Reserve - Undesignated 51,500 0 0 0 0 51,500 Total 51,500 0 0 0 0 51,500 Produced Using Plan-It CIP Software Page 327 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total City Development Fund Comprehensive Update of Zoning Ordinance Plan-25 150,000 150,000 City Development Fund Total 150,000 0 0 0 0 150,000 GRAND TOTAL 150,000 0 0 0 0 150,000 Produced Using Plan-It CIP Software Page 1 / 1 Monday, November 10, 2025Page 328 of 379 Comprehensive Update of Zoning Ordinance 2026 thru 2030 Development Fund Elk River, Minnesota Project #Plan-25 Project Name Comprehensive Update of Zoning Ordinance Contact Planning Director Department Planning Type Study Category City-Wide Development Status Active Useful Life 25 years Description Hire a consultant to assist city staff with a comprehensive re-write of the city's zoning ordinance. Justification The city has not undertaken this task for 20+ years and the regular updates to the ordinance have created inconsistencies and references to sections that no longer exist. Staff have also discussed an update to our residential and commercial zones, which will impact nearly the entire ordinance. Expenditures 2026 2027 2028 2029 2030 Total Study 150,000 0 0 0 0 150,000 Total 150,000 0 0 0 0 150,000 Funding Sources 2026 2027 2028 2029 2030 Total City Development Fund 150,000 0 0 0 0 150,000 Total 150,000 0 0 0 0 150,000 Produced Using Plan-It CIP Software Page 329 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Equipment Replacement Fund Building Safety - Vehicles BZ-01 55,000 50,000 105,000 Facilities Maintenance - Vehicles BM-01 150,000 80,000 230,000 Fire - Trucks FD-02 100,000 100,000 Fire - Vehicles FD-01 65,000 60,000 75,000 200,000 Parks - Mobile Equipment PK-02 223,000 0 50,000 273,000 Parks - Pickup Trucks PK-01 90,000 157,000 55,000 302,000 Police - CSO Vehicles PD-03 75,000 75,000 Police - Patrol Squads PD-01 0 170,000 85,000 85,500 340,500 Police - Unmarked Squads PD-02 75,000 0 72,500 75,000 85,500 308,000 Streets - Dump Trucks ST-02 325,000 325,000 650,000 Streets - Mobile Equipment ST-03 194,000 225,000 490,000 389,000 1,298,000 Streets - Pickup Trucks ST-01 55,000 70,000 125,000 Equipment Replacement Fund Total 1,047,000 917,000 902,500 1,054,500 85,500 4,006,500 GRAND TOTAL 1,047,000 917,000 902,500 1,054,500 85,500 4,006,500 Produced Using Plan-It CIP Software Page 1 / 1 Monday, November 10, 2025Page 330 of 379 City of Elk RiverEquipment Replacement Fund 2026 2027 2028 2029 2030 Estimate Estimate Estimate Estimate Estimate Beginning Cash Balance $2,277,588 $1,937,254 $1,700,254 $1,504,754 $1,187,254 Revenues: Revenues from charges 539,550 572,000 606,000 642,000 681,000 Local Government Aid 48,616 - - - - Interest earnings 68,500 58,000 51,000 45,000 35,500 Other revenues (sale of assets/misc)50,000 50,000 50,000 50,000 50,000 Total Revenues 706,666 680,000 707,000 737,000 766,500 Expenditures: Capital Equipment - Police 150,000 170,000 157,500 160,500 85,500 Fire 288,000 160,000 50,000 75,000 - Fire - Ladder/Engine - 600,000 - - Parks 90,000 157,000 - 55,000 - Streets 519,000 280,000 560,000 714,000 - Facilities Maintenance - 150,000 80,000 - - Building Safety - - 55,000 50,000 - Total Expenditures 1,047,000 917,000 902,500 1,054,500 85,500 Revenues over/(under) Expenditures (340,334) (237,000) (195,500) (317,500) 681,000 Ending Cash Balance $1,937,254 $1,700,254 $1,504,754 $1,187,254 $1,868,254 Page 331 of 379 No.Unit #Description Est. Cost 1 745 2012 GMC Sierra 3500 Pick up (Carry over from 2025)$90,000 2 725 2018 Toro Groundsmaster 4010 Wide Area Mower $110,000 3 738 2012 John Deere Tractor 4720 $90,000 4 756 Toro Zero turn (Add)$23,000 5 714 2012 Bombardier Ski-Doo Skandic (Carry over from 2025) Not being replaced in 2026 $0 6 731 2011 Dodge (Carry over from 2025) Not being replaced in 2026 $0 7 603 (Carry over from 2025) Not being replaced in 2026 $0 614 2017 Ford Police Interceptor Utility (CSO)$75,000 8 616 (Carry over from 2025) Not being replaced in 2026 $0 627 2015 Chevrolet Equinox (Unmarked)$75,000 9 401 2015 Tahoe Duty Officer (Carry Over from 2025)$65,000 10 71 1998 Homemade Trailer $10,000 11 74 2000 Water Pump Generator Trailer Enclosed $15,000 12 79 2000 Veermer Brush Chipper $90,000 13 87 Pavement Router (Carry Over from 2025)$14,000 14 88 2011 Falcon Asphalt Patcher (Patch Trailer)$65,000 15 236 2007 International Dump Truck 7600 $325,000 $1,047,000 2026 Equipment Purchases Equipment Replacement Fund Total Page 332 of 379 2026 2027 2028 2029 2030 BLDG MAINT $0 $150,000 $80,000 $0 $0 370 2012 Ford F350 Utility Pickup $150,000 375 2009 Ford E150 Van $80,000 BLDG SAFETY $0 $0 $55,000 $50,000 $0 507 2017 Chevrolet Traverse $50,000 511 2015 GMC Sierra 1500 $55,000 FIRE $65,000 $160,000 $0 $75,000 $0 401 2015 Chevrolet Tahoe (Duty Officer)$65,000 402 2018 Chevrolet Tahoe (Chief #1) Mark Dickinson $75,000 406 2004 Polaris 4-Wheeler UTV $60,000 412 2006 Ford F350 Grass #2 $100,000 PARKS $313,000 $157,000 $50,000 $55,000 $0 721 2020 Toro Z Master Zero Turn Mower $25,000 725 2018 Toro Groundsmaster 4010 Wide Area $110,000 726 2014 John Deere 1565 Front-Mnt Mower $25,000 738 2012 John Deere Tractor 4720 $90,000 741 2012 Chevrolet Silverado 2500HD $55,000 743 2011 GMC 2500 HD $67,000 745 603 GMC Sierra Pickup 3500 $90,000 746 2011 Ford F550 $90,000 756 Toro Zero Turn - ADD $23,000 POLICE $150,000 $170,000 $157,500 $160,500 $85,500 601 2023 Ford Interceptor (Squad)$85,500 604 2021 Ford Interceptor (Squad)$85,000 609 2016 Ford Interceptor (Squad) K9 $85,000 613 2021 Ford Police Interceptor (Squad)$85,000 614 2017 Ford Police Interceptor Utility - CSO $75,000 618 2018 Ford Interceptor Explorer Unmrked-TAKE HOME)$75,000 627 2015 Chevrolet Equinox - Unmarked $75,000 628 2023 Ford Interceptor (Squad) UNMARKED $85,500 630 2014 Ford Police Interceptor Utility - Unmarked SCHOOL $72,500 STREETS $519,000 $280,000 $560,000 $714,000 $0 71 1998 Homemade Trailer $10,000 74 2000 Water pump and Generator Trailer $15,000 79 2000 Vermeer Brush Chipper $90,000 80 2012 JD Tractor $160,000 82 2010 Bobcat Skid Loader S300 $80,000 87 2008 Crafco Pavement Cutter (Router $14,000 88 2011 Falcon Asphalt Patcher (Patch Trailer)$65,000 89 2001 Komatsu Forklift $65,000 90 2011 Schwarze Patch Trailer (Velocity Trailer)$100,000 93 2010 Ingersol Rand Air Compressor $25,000 94 2010 Crafco Pavement Cutter (Router $14,000 96 2012 CAT Mini Excavator $150,000 123 2010 Ford Pickup F250 $55,000 236 2007 International Dump Truck 7600 $325,000 245 2014 Ford F450 $70,000 246 2015 Mack Dump Truck GU713 $325,000 309 2012 Elgin Pelican Sweeper $260,000 312 2012 Cat Loader 924H $250,000 Equipment Replacement Fund Total $1,047,000 $917,000 $902,500 $1,054,500 $85,500 2026-2030 Equipment ReplacementDept / Unit #Description (Mfr/Model)Year Page 333 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Government Buildings Library LB-03 120,000 120,000 Overlook Lounge Rooftop Expansion FTC-26 80,000 80,000 Parking Lot Expansion FTC-25 75,000 75,000 Police Department Gun Range Update PD-29 175,000 175,000 Government Buildings Total 155,000 120,000 0 175,000 0 450,000 GRAND TOTAL 155,000 120,000 0 175,000 0 450,000 Produced Using Plan-It CIP Software Page 1 / 1 Thursday, November 13, 2025Page 334 of 379 City of Elk River Government Building 2026 2027 2028 2029 2030 Estimate Estimate Estimate Estimate Estimate Cash Balance - Beginning $8,094,436 $10,368,097 $12,724,799 $13,042,919 $13,193,992 Revenues: Landfill expansion fee 2,175,000 2,200,000 - - - MPF lease revenue (iBackcheck)51,300 17,500 - - - Interest earnings 202,361 259,202 318,120 326,073 329,850 Total Revenues 2,428,661 2,476,702 318,120 326,073 329,850 Expenditures: Library - roof replacement - 120,000 - - - FTCenter - Overlook Lounge rooftop expansion 80,000 - - - - FTCenter - parking lot 75,000 - - - - PD Gun range - - - 175,000 - Total Expenditures 155,000 120,000 - 175,000 - Transfers Out Debt Service: 2020B 389,695 393,195 392,595 388,195 393,995 389,695 393,195 392,595 388,195 393,995 Revenues over/(under) Expenditures 2,273,661 2,356,702 318,120 151,073 329,850 Cash Balance - Ending $10,368,097 $12,724,799 $13,042,919 $13,193,992 $13,523,842 Page 335 of 379 Parking Lot Expansion 2026 thru 2030 Government Buildings Elk River, Minnesota Project #FTC-25 Project Name Parking Lot Expansion Contact Multipurpose Facility Supt.Department FTCenter Type Infrastructure Category Buildings Status Pending Useful Life 30 years Description Increase parking capacity at the FT Center due to an increasing need for daytime and special event parking. Staff has identified the potential for 30 additional parking stalls to be added on the west side of the FT Center in an undeveloped area. Justification Weekly complaints are received due to the lack of parking at the facility. Building Reserve Fund - Intergovernmental Loan to finance Improvement? Expenditures 2026 2027 2028 2029 2030 Total Improvements 75,000 0 0 0 0 75,000 Total 75,000 0 0 0 0 75,000 Funding Sources 2026 2027 2028 2029 2030 Total Government Buildings 75,000 0 0 0 0 75,000 Total 75,000 0 0 0 0 75,000 Budget Impact Minimal impact as mowing maintance will be replaced with snow removal. Produced Using Plan-It CIP Software Page 336 of 379 Overlook Lounge Rooftop Expansion 2026 thru 2030 Government Buildings Elk River, Minnesota Project #FTC-26 Project Name Overlook Lounge Rooftop Expansion Contact Multipurpose Facility Supt.Department FTCenter Type Building Category Buildings Status Pending Useful Life 30 years Description Expand service offerings and seating capacity by expanding the Overlook Lounge with a roof top patio unique to Elk River and continuing to differentiate our unique venue. Justification Sales decrease substantially in the summer months and a roof top patio would attract non-user groups to leverage our menu and catering opportunities. Building Reserve Fund - Intergovernmental Loan to finance Improvement? Expenditures 2026 2027 2028 2029 2030 Total Unassigned 80,000 0 0 0 0 80,000 Total 80,000 0 0 0 0 80,000 Funding Sources 2026 2027 2028 2029 2030 Total Government Buildings 80,000 0 0 0 0 80,000 Total 80,000 0 0 0 0 80,000 Budget Impact Summer Overlook sales increased and projecting a return on investment within 5 years. Produced Using Plan-It CIP Software Page 337 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Liquor Fund Monument Sign RS 26-2 120,000 120,000 Northbound/Cannabound RS 26-1 1,500,000 1,500,000 Liquor Fund Total 1,620,000 0 0 0 0 1,620,000 GRAND TOTAL 1,620,000 0 0 0 0 1,620,000 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 338 of 379 Monument Sign 2026 thru 2030 Retail Operations Elk River, Minnesota Project #RS 26-2 Project Name Monument Sign Contact Retail Operations Manager Department Liquor Type Improvement Category Buildings Status Pending Useful Life 20 years Description Monument sign for Northbound/Cannabound. Thirty foot sign with 4 displays (Northbound & Cannabound plus 2 for other business advertising). Justification New monument sign with updated logo needed for visibility related to reconstruction of TH 169 and location of new stores. Expenditures 2026 2027 2028 2029 2030 Total Improvements 120,000 0 0 0 0 120,000 Total 120,000 0 0 0 0 120,000 Funding Sources 2026 2027 2028 2029 2030 Total Liquor Fund 120,000 0 0 0 0 120,000 Total 120,000 0 0 0 0 120,000 Produced Using Plan-It CIP Software Page 339 of 379 Northbound/Cannabound 2026 thru 2030 Retail Operations Elk River, Minnesota Project #RS 26-1 Project Name Northbound/Cannabound Contact Retail Operations Manager Department Retail Operations Type Building Category Buildings Status Pending Useful Life 50 years Description Northbound/Cannabound new construction. Justification Increase operational efficency and expanded service offerings. Expenditures 2026 2027 2028 2029 2030 Total Construction 7,000,000 0 0 0 0 7,000,000 Improvements 1,000,000 0 0 0 0 1,000,000 Design/Construction 500,000 0 0 0 0 500,000 Total 8,500,000 0 0 0 0 8,500,000 Funding Sources 2026 2027 2028 2029 2030 Total Bond Proceeds 7,000,000 0 0 0 0 7,000,000 Liquor Fund 1,500,000 0 0 0 0 1,500,000 Total 8,500,000 0 0 0 0 8,500,000 Produced Using Plan-It CIP Software Page 340 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Park Dedication County Projects - Cost Share II-20 250,000 250,000 Highway 10 Mississippi River Trail PDF 25-2 200,000 200,000 Hillside Park Parking Lot PDF 25-1 250,000 250,000 Oak Knoll Athletic Complex PDF 28-1 450,000 450,000 Park Dedication Total 450,000 250,000 450,000 0 0 1,150,000 Park Improvement Barrington Park Basketball Court PIF 29-1 30,000 30,000 Basketball Courts - Deerfield/Ridgewood PIF 25-1 30,000 30,000 Country Crossings Basketball Court PIF 27-3 10,000 10,000 Dave Anderson AC Concessions Bldg PIF 29-2 250,000 250,000 Dave Anderson AC Infield Recon PIF 27-5 60,000 60,000 Dave Anderson AC - Lighting PIF 28-6 600,000 600,000 Dave Anderson Athletic Complex Fencing PIF 28-1 300,000 300,000 Field Lining - Turf Tank PIF 26-3 16,000 16,000 16,000 48,000 Highlands Park Playground Replacement PIF 28-3 150,000 150,000 Hillside Park Improvments PIF 26-4 15,000 15,000 Kliever Point Park Basketball Court PIF 30-2 30,000 30,000 Kliever Point Park Playground Replacement PIF 30-1 150,000 150,000 Lions Park Basketball Court Replacement PIF 28-4 175,000 175,000 Lions Park Shelters PIF 26-2 300,000 300,000 Park Improvement - Miscellaneous PIF 23-27 16,250 10,000 26,250 Parks & Recreation Master Plan PIF 25-3 100,000 100,000 Plants and Things Recreation Complex PIF 28-2 35,000 35,000 35,000 35,000 140,000 Playground/Basketball Court - Riverplace PIF 26-1 185,000 185,000 Playgrounds - Country Crossing/Trott Brook PIF 24-1 125,000 125,000 PTAC Field Reconstruction PIF 28-5 40,000 40,000 Ridgewood East Park Basketball Court PIF 30-3 3,000 3,000 Rivers Edge Park Fountain PIF 27-2 75,000 75,000 Trott Brook Basketball Court PIF 27-6 9,000 9,000 Trott Brook Tennis Court PIF 27-4 15,000 15,000 West Oaks Park Basketball Court PIF 30-5 30,000 30,000 West Oaks Playground Replacement PIF 30-4 150,000 150,000 Windsor Park Playground Replacement PIF 30-6 150,000 150,000 Woodland Trails Bituminous Trail Replacement PIF 29-3 646,800 646,800 Park Improvement Total 212,250 840,000 1,316,000 961,800 513,000 3,843,050 GRAND TOTAL 662,250 1,090,000 1,766,000 961,800 513,000 4,993,050 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 341 of 379 City of Elk River Park Dedication Fund 2026 2027 2028 2029 2030 Estimate Estimate Estimate Estimate Estimate Cash Balance - Beginning $1,580,355 $1,336,635 $1,288,915 $1,040,195 $1,236,975 Revenues: Park dedication 150,000 150,000 150,000 150,000 150,000 Sale of property - Pinewood CD 28,780 28,780 28,780 28,780 28,780 Interest 27,500 23,500 22,500 18,000 21,500 Total Revenues 206,280 202,280 201,280 196,780 200,280 Expenditures: County Projects - Cost share 250,000 - - - - Hillside Parking Lot - 250,000 - - - Highway 10 Trail 200,000 - - - - Oak Knoll Athletic Complex - - 450,000 - - Total Expenditures 450,000 250,000 450,000 - - Revenues over/(under) Expenditures (243,720) (47,720) (248,720) 196,780 200,280 Cash Balance - Ending $1,336,635 $1,288,915 $1,040,195 $1,236,975 $1,437,255 Page 342 of 379 City of Elk River Park Improvement Fund 2026 2027 2028 2029 2030 Estimate Estimate Estimate Estimate Estimate Cash Balance - Beginning $314,508 $392,758 ($161,242)($1,226,242)($1,902,042) Revenues: Interest Income 5,500 1,000 1,000 1,000 1,000 Lacrosse - Oak Knoll Lights - - - - - Sponsorships 35,000 35,000 35,000 35,000 Donations Transfer In-Liquor Fund 250,000 250,000 250,000 250,000 250,000 Total Revenues 290,500 286,000 251,000 286,000 286,000 Expenditures: Parks and Recreation master plan 100,000 - - - - WHHCA Friends of the Mississippi partnership 6,250 - - - - Barrington Park basketball court - - - 30,000 - Country Crossing basketball court - 10,000 - - - Country Crossing / Trott Brook playgrounds - 125,000 - - - Plants & Things Recreational Complex 35,000 35,000 35,000 35000 - Plants & Things field reconstruction - - 40,000 0 - Highlands Park playground replacement - - 150,000 - - Hillside Park improvements 15,000 - - - - Kliever Point Park basketball court - - - - 30,000 Kliever Point Park playground replacement - - - - 150,000 Lions Park basketball court replacement - - 175,000 - - Lions Park shelters - 300,000 - - - Ridgewood East basketball court 30,000 - - - 3,000 Riverplace - playground/basketball court - 185,000 - - - Rivers Edge Park fountain - 75,000 - - - Trott Brook basketball court - 9,000 - - - Trott Brook tennis court - 15,000 - - - West Oaks Park basketball court - - - - 30,000 West Oaks Park playground replacement - - - - 150,000 Windsor Park playground replacement - - - - 150,000 Woodland Trails bituminous trail replacement - - - 646,800 - Misc. projects 10,000 10,000 - - - DAAC - concessions building - - - 250,000 - DAAC - infield reconstruction - 60,000 - - - DAAC - lighting - - 600,000 - - DAAC - fencing - - 300,000 - - Field Lining - turf tank lease 16,000 16,000 16,000 - - Total Expenditures 212,250 840,000 1,316,000 961,800 513,000 Revenues over/(under) Expenditures 78,250 (554,000) (1,065,000) (675,800) (227,000) Cash Balance - Ending $392,758 ($161,242)($1,226,242)($1,902,042)($2,129,042) Page 343 of 379 County Projects - Cost Share 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #II-20 Project Name County Projects - Cost Share Contact Public Works Director Department Infrastructure Improvements Type Infrastructure Category Street Construction Status Active Useful Life 25 years Description City share of county projects include: 2026 - CR 44 Reconstruction ($750,000) and Trail ($250,000) 2027 - CR 33 Realignment and future trail preparation ($2,200,000 less $480,000 county turn back) Justification City participation in projects initiated by Sherburne County. Expenditures 2026 2027 2028 2029 2030 Total Improvements 1,000,000 1,720,000 0 0 0 2,720,000 Total 1,000,000 1,720,000 0 0 0 2,720,000 Funding Sources 2026 2027 2028 2029 2030 Total Municipal State Aid 0 1,720,000 0 0 0 1,720,000 Pavement Management 750,000 0 0 0 0 750,000 Park Dedication 250,000 0 0 0 0 250,000 Total 1,000,000 1,720,000 0 0 0 2,720,000 Produced Using Plan-It CIP Software Page 344 of 379 Highway 10 Mississippi River Trail 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PDF 25-2 Project Name Highway 10 Mississippi River Trail Contact Recreation Manager Department Park Dedication Type Infrastructure Category Trail Improvements Status Active Useful Life 20 years Description Highway 10 Mississippi River Trail Justification The trail is recommended in the Trails Master Plan Expenditures 2026 2027 2028 2029 2030 Total Trails 200,000 0 0 0 0 200,000 Total 200,000 0 0 0 0 200,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Dedication 200,000 0 0 0 0 200,000 Total 200,000 0 0 0 0 200,000 Produced Using Plan-It CIP Software Page 345 of 379 Park Improvement - Miscellaneous 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 23-27 Project Name Park Improvement - Miscellaneous Contact Recreation Manager Department Park Improvement Type Improvement Category Park Improvements Status Active Useful Life 5 years Description WHHCA - Friends of the Mississippi partnership - $6,250 Miscellaneous park projects - $10,000 Justification Various park improvement expenditurees Expenditures 2026 2027 2028 2029 2030 Total Other 16,250 10,000 0 0 0 26,250 Total 16,250 10,000 0 0 0 26,250 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 16,250 10,000 0 0 0 26,250 Total 16,250 10,000 0 0 0 26,250 Produced Using Plan-It CIP Software Page 346 of 379 Basketball Courts - Deerfield/Ridgewood 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 25-1 Project Name Basketball Courts - Deerfield/Ridgewood Contact Recreation Manager Department Park Improvement Type Improvement Category Park Improvements Status Active Useful Life 15 years Description Replace basketball courts at Deerfield park (2025) and Ridgewood park (2026) ) Justification Annual maintenance/repairs of our park system. Expenditures 2026 2027 2028 2029 2030 Total Improvements 30,000 0 0 0 0 30,000 Total 30,000 0 0 0 0 30,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 30,000 0 0 0 0 30,000 Total 30,000 0 0 0 0 30,000 Produced Using Plan-It CIP Software Page 347 of 379 Parks & Recreation Master Plan 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 25-3 Project Name Parks & Recreation Master Plan Contact Recreation Manager Department Park Improvement Type Study Category Park Improvements Status Active Useful Life 20 years Description A Parks and Recreation Master Plan will provide direction for the city council, the parks and recreation commission and city staff to guide them in the big picture decision making that will impact the parks and recreation system. The key components are the community engagement and a statistically-valid community survey. It should also include relevant influencing trends, program analysis, level of service analysis, financial analysis, action plan and initiatives, task execution and priority actions. Justification The Comprehensive Plan adopted October 2021 recommends the city update the Parks and Recreation Master Plan. The Parks Master Plan was adopted in 2015 and many projects identified in the plan such as the improvements to Orono Park are completed. The city should update the plan to identify new parks and recreation needs in the community as it grows. Expenditures 2026 2027 2028 2029 2030 Total Study 100,000 0 0 0 0 100,000 Total 100,000 0 0 0 0 100,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 100,000 0 0 0 0 100,000 Total 100,000 0 0 0 0 100,000 Produced Using Plan-It CIP Software Page 348 of 379 Field Lining - Turf Tank 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 26-3 Project Name Field Lining - Turf Tank Contact Recreation Manager Department Park Improvement Type Equipment Category Park Improvements Status Pending Useful Life 1 year Description We are looking to lease a Turf Tank to help line our rectangle fields. Justification Our field usage is expected to increase in 2026 and Park Maintenance has indicated this is a necessary tool to provide quality work while not requiring significantly more work hours. We are also exploring how this device might be used elsewhere, perhaps on trails that could be striped. Expenditures 2026 2027 2028 2029 2030 Total Leased Equipment 16,000 16,000 16,000 0 0 48,000 Total 16,000 16,000 16,000 0 0 48,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 16,000 16,000 16,000 0 0 48,000 Total 16,000 16,000 16,000 0 0 48,000 Budget Impact Overall, this would be a net positive, given the ability of the device to stripe fields while not requiring more work hours from staff. Produced Using Plan-It CIP Software Page 349 of 379 Hillside Park Improvments 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 26-4 Project Name Hillside Park Improvments Contact Recreation Manager Department Park Improvement Type Improvement Category Park Improvements Status Pending Useful Life 5 years Description General improvements at Hillside to assist MORC with their stewardship of the park. Justification Maintain integrity and safety of the park. Expenditures 2026 2027 2028 2029 2030 Total Improvements 15,000 0 0 0 0 15,000 Total 15,000 0 0 0 0 15,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 15,000 0 0 0 0 15,000 Total 15,000 0 0 0 0 15,000 Budget Items 2026 2027 2028 2029 2030 Total Maintenance 15,000 0 0 0 0 15,000 Total 15,000 0 0 0 0 15,000 Produced Using Plan-It CIP Software Page 350 of 379 Plants and Things Recreation Complex 2026 thru 2030 Park Dedication - Park Improvement Elk River, Minnesota Project #PIF 28-2 Project Name Plants and Things Recreation Complex Contact Recreation Manager Department Park Improvement Type Improvement Category Park Improvements Status Active Useful Life 15 years Description Make improvements to the Plants and Things Recreation Complex - backstops on all fields and other projects prioritized by user group feedback. Justification The improvements made to the Plants and Things Recreation Complex are based on the recommendations in the Athletic Facilities Master Plan. Expenditures 2026 2027 2028 2029 2030 Total Improvements 35,000 35,000 35,000 35,000 0 140,000 Total 35,000 35,000 35,000 35,000 0 140,000 Funding Sources 2026 2027 2028 2029 2030 Total Park Improvement 35,000 35,000 35,000 35,000 0 140,000 Total 35,000 35,000 35,000 35,000 0 140,000 Produced Using Plan-It CIP Software Page 351 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Municipal State Aid 193rd Avenue Roundabout II-28 1,000,000 1,000,000 County Projects - Cost Share II-20 1,720,000 1,720,000 Pavement Management - Streets PM-01 4,000,000 4,000,000 TH10 & 165th Ave Intersection II-26 637,500 637,500 Municipal State Aid Total 637,500 5,720,000 1,000,000 0 0 7,357,500 Pavement Management 193rd Avenue Roundabout II-28 200,000 200,000 County Projects - Cost Share II-20 750,000 750,000 Pavement Management - Parking Lots/Trails PM-02 200,000 350,000 200,000 350,000 200,000 1,300,000 Pavement Management - Streets PM-01 1,300,000 2,000,000 300,000 3,500,000 300,000 7,400,000 Pavement Management Total 2,250,000 2,350,000 700,000 3,850,000 500,000 9,650,000 GRAND TOTAL 2,887,500 8,070,000 1,700,000 3,850,000 500,000 17,007,500 Produced Using Plan-It CIP Software Page 1 / 1 Wednesday, November 12, 2025Page 352 of 379 City of Elk River Pavement Management Fund 2026 2027 2028 2029 2030 Estimate Estimate Estimate Estimate Estimate Cash Balance - Beginning $3,011,810 $2,887,810 $2,682,810 $4,144,310 $2,506,310 Revenues: Charges for Services - Franchise Fee 1,613,000 1,629,000 1,645,000 1,661,000 1,678,000 Other Revenue - Interest 60,000 58,000 53,500 83,000 50,000 MSA - Street Maintenance 453,000 458,000 463,000 468,000 473,000 Total Revenues 2,126,000 2,145,000 2,161,500 2,212,000 2,201,000 Expenditures: Street Projects - 1,800,000 100,000 3,300,000 100,000 County Projects - cost share 750,000 - - - - Sealcoat/Overlay program 200,000 200,000 200,000 200,000 200,000 Parking Lots - 350,000 - 350,000 - Trails/sidewalks 200,000 - 200,000 - 200,000 Main Street reconstruction 1,100,000 - - - - 193rd Avenue Roundabout - - 200,000 - - Total Expenditures 2,250,000 2,350,000 700,000 3,850,000 500,000 Revenues less Expenditures (124,000) (205,000) 1,461,500 (1,638,000) 1,701,000 Cash Balance - Ending $2,887,810 $2,682,810 $4,144,310 $2,506,310 $4,207,310 2026 2027 2028 2029 2030 Beginning balance 4,872,750$ 6,041,250$ 2,163,250$ 3,042,250$ 4,959,250$ New Allotment (average)1,806,000 1,842,000 1,879,000 1,917,000 1,955,000 Allocations: County Projects - Local cost share - (1,720,000) - - - TH10 & 165th Ave Intersection (637,500) - - - - 193rd Ave Roundabout - - (1,000,000) Pavement Management - Streets - (4,000,000) - - - Total Allocations (637,500) (5,720,000) (1,000,000) - - Ending Balance $6,041,250 $2,163,250 $3,042,250 $4,959,250 $6,914,250 Municipal State Aid - Construction Balance Page 353 of 379 County Projects - Cost Share 2026 thru 2030 Infrastructure Improvements Elk River, Minnesota Project #II-20 Project Name County Projects - Cost Share Contact Public Works Director Department Infrastructure Improvements Type Infrastructure Category Street Construction Status Active Useful Life 25 years Description City share of county projects include: 2026 - CR 44 Reconstruction ($750,000) and Trail ($250,000) 2027 - CR 33 Realignment and future trail preparation ($2,200,000 less $480,000 county turn back) Justification City participation in projects initiated by Sherburne County. Expenditures 2026 2027 2028 2029 2030 Total Improvements 1,000,000 1,720,000 0 0 0 2,720,000 Total 1,000,000 1,720,000 0 0 0 2,720,000 Funding Sources 2026 2027 2028 2029 2030 Total Municipal State Aid 0 1,720,000 0 0 0 1,720,000 Pavement Management 750,000 0 0 0 0 750,000 Park Dedication 250,000 0 0 0 0 250,000 Total 1,000,000 1,720,000 0 0 0 2,720,000 Produced Using Plan-It CIP Software Page 354 of 379 TH10 & 165th Ave Intersection 2026 thru 2030 Infrastructure Improvements Elk River, Minnesota Project #II-26 Project Name TH10 & 165th Ave Intersection Contact Public Works Director Department Infrastructure Improvements Type Infrastructure Category Street Construction Status Active Useful Life 25 years Description Design and implement improvements to the TH10 & 165th Avenue intersection. Justification Improvements to the local road connections to Hwy 10 to assure the successful development of Oakwater Ridge. Expenditures 2026 2027 2028 2029 2030 Total Construction 1,275,000 0 0 0 0 1,275,000 Total 1,275,000 0 0 0 0 1,275,000 Funding Sources 2026 2027 2028 2029 2030 Total Developer 637,500 0 0 0 0 637,500 Municipal State Aid 637,500 0 0 0 0 637,500 Total 1,275,000 0 0 0 0 1,275,000 Produced Using Plan-It CIP Software Page 355 of 379 Pavement Management - Streets 2026 thru 2030 Infrastructure Improvements Elk River, Minnesota Project #PM-01 Project Name Pavement Management - Streets Contact Public Works Director Department Infrastructure Improvements Type Improvement Category Street Construction Status Active Useful Life 25 years Description Preventative maintenance on our streets includes sealcoating, crackfilling and small overlay projects. Street improvement projects to replace, overlay or rehabilitate aged and deteriorated streets, storm drainage, and adjacent walks will be completed every other year. 2026 - Main Street reconstruction Justification Individual street pavement conditions will dictate what pavement management technique will be utilized to extend the life of that specific street segment. These techniques may range from preventative maintenance to a full reconstruction of the surface and aggregate base. As they are implemented, the prescribed techniques will continually be gauged to assure their performance is proper in extending the life of our pavements. Expenditures 2026 2027 2028 2029 2030 Total Construction 1,000,000 6,000,000 0 3,500,000 0 10,500,000 Maintenance 200,000 0 200,000 0 200,000 600,000 Design 100,000 0 100,000 0 100,000 300,000 Total 1,300,000 6,000,000 300,000 3,500,000 300,000 11,400,000 Funding Sources 2026 2027 2028 2029 2030 Total Pavement Management 1,300,000 2,000,000 300,000 3,500,000 300,000 7,400,000 Municipal State Aid 0 4,000,000 0 0 0 4,000,000 Total 1,300,000 6,000,000 300,000 3,500,000 300,000 11,400,000 Produced Using Plan-It CIP Software Page 356 of 379 Pavement Management - Parking Lots/Trails 2026 thru 2030 Infrastructure Improvements Elk River, Minnesota Project #PM-02 Project Name Pavement Management - Parking Lots/Trails Contact Public Works Director Department Infrastructure Improvements Type Maintenance Category Street Maintenance Status Active Useful Life 15 years Description Overlay and sealcoat public parking lots and trails as needed Justification Projects will be prioritized based on condition and available funding after all street maintenance project needs are met. Expenditures 2026 2027 2028 2029 2030 Total Parking Lot 0 350,000 0 350,000 0 700,000 Trails 200,000 0 200,000 0 200,000 600,000 Total 200,000 350,000 200,000 350,000 200,000 1,300,000 Funding Sources 2026 2027 2028 2029 2030 Total Pavement Management 200,000 350,000 200,000 350,000 200,000 1,300,000 Total 200,000 350,000 200,000 350,000 200,000 1,300,000 Produced Using Plan-It CIP Software Page 357 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Public Safety Aid Drone Replacement Project PD-26 27,500 27,500 Public Safety Aid Total 27,500 0 0 0 0 27,500 GRAND TOTAL 27,500 0 0 0 0 27,500 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 358 of 379 Drone Replacement Project 2026 thru 2030 Public Safety Aid Elk River, Minnesota Project #PD-26 Project Name Drone Replacement Project Contact Police Chief Department Police Type Equipment Category Technology Status Pending Useful Life 5 years Description Purchasing a new drone that has the ability to change attachments depending on the needs of an event. this drone is designed for surveillance, search and rescue, and infrastructure monitoring Justification This purchase keeps our drone program up-to-date with technology. The benefit of the DJI M30T is that components can be changed depending on the needs of an event. If desired, this drone could be used for other city department needs. Also, as technology advances, we can purchase new attachments while keeping the same drone body. This drone is more versatile and has the ability to operate in adverse weather conditions. Expenditures 2026 2027 2028 2029 2030 Total Unassigned 27,500 0 0 0 0 27,500 Total 27,500 0 0 0 0 27,500 Funding Sources 2026 2027 2028 2029 2030 Total Public Safety Aid 27,500 0 0 0 0 27,500 Total 27,500 0 0 0 0 27,500 Produced Using Plan-It CIP Software Page 359 of 379 2026 through 2030 Capital Improvement Plan Elk River, MinnesotaProjects By Funding Source Source Project #2026 2027 2028 2029 2030 Total Yet To Be Determined Downtown Infrastructure Improvements II-30 50,000,000 50,000,000 Fire - Burn Building FD-07 1,000,000 1,000,000 Fire - Engines/Ladders FD-03 2,025,000 2,100,000 600,000 4,725,000 Fire Station No. 1 FS 26-1 20,000,000 20,000,000 Jackson Street Water Tower Park PDF 25-3 50,000 50,000 Knox Box Key Secure System Update FD-26 55,000 55,000 Yet To Be Determined Total 22,130,000 3,100,000 600,000 0 50,000,000 75,830,000 GRAND TOTAL 22,130,000 3,100,000 600,000 0 50,000,000 75,830,000 Produced Using Plan-It CIP Software Thursday, November 13, 2025Page 360 of 379 Fire - Engines/Ladders 2026 thru 2030 Yet To Be Determined Elk River, Minnesota Project #FD-03 Project Name Fire - Engines/Ladders Contact Fire Chief Department Fire Type Vehicle Category Vehicles Status Active Useful Life 20 years Description 2026 - #419 - 1990 Pierce Ladder 1 (on order) 2027 - #424 - 2001 Pierce Enforcer Engine 4 (on order) 2028 - #418 - 2008 Ford Sterling Tender 2 Justification Based on annual condition assessment. The fire engines/ladders are the primary front-line response units. Expenditures 2026 2027 2028 2029 2030 Total Vehicles 2,025,000 2,100,000 600,000 0 0 4,725,000 Total 2,025,000 2,100,000 600,000 0 0 4,725,000 Funding Sources 2026 2027 2028 2029 2030 Total Yet To Be Determined 2,025,000 2,100,000 600,000 0 0 4,725,000 Total 2,025,000 2,100,000 600,000 0 0 4,725,000 Produced Using Plan-It CIP Software Page 361 of 379 Knox Box Key Secure System Update 2026 thru 2030 Yet To Be Determined Elk River, Minnesota Project #FD-26 Project Name Knox Box Key Secure System Update Contact Fire Chief Department Fire Type Maintenance Category Unassigned Status Active Useful Life None Description The Knox system is a key box system that allows police, fire, and EMS access to buildings in our communities during an emergency without having to damage a door to gain entry. This saves valuable time and property. We currently have 363 Knox boxes around our communities. The upgrade to the newest key secure system would also enable us to manage the key system from a cloud-based program remotely, versus having to utilize older technology and physically plugging into the units. There are currently 32 key secure units in service across the Elk River Fire, Police and Ambulance fleet. Justification Current system is outdated, relying on older technology for maintaining and tracking users and keys. This has led to situations causing delays for police, fire, and EMS to be able to access buildings in a timely manner in an emergency. This will improve reliability, maintenance, and security of these units. Expenditures 2026 2027 2028 2029 2030 Total Maintenance 55,000 0 0 0 0 55,000 Total 55,000 0 0 0 0 55,000 Funding Sources 2026 2027 2028 2029 2030 Total Yet To Be Determined 55,000 0 0 0 0 55,000 Total 55,000 0 0 0 0 55,000 Produced Using Plan-It CIP Software Page 362 of 379 Fire Station No. 1 2026 thru 2030 Yet To Be Determined Elk River, Minnesota Project #FS 26-1 Project Name Fire Station No. 1 Contact Fire Chief Department Fire Type Building Category Buildings Status Pending Useful Life 75 years Description Replacement of Fire Station No. 1 Justification The current Fire Station No. 1 is past it's expected life and is failing. Expenditures 2026 2027 2028 2029 2030 Total Design/Construction 20,000,000 0 0 0 0 20,000,000 Total 20,000,000 0 0 0 0 20,000,000 Funding Sources 2026 2027 2028 2029 2030 Total Yet To Be Determined 20,000,000 0 0 0 0 20,000,000 Total 20,000,000 0 0 0 0 20,000,000 Produced Using Plan-It CIP Software Page 363 of 379 Jackson Street Water Tower Park 2026 thru 2030 Yet To Be Determined Elk River, Minnesota Project #PDF 25-3 Project Name Jackson Street Water Tower Park Contact Planning Director Department Planning Type Improvement Category Park Improvements Status Active Useful Life 25 years Description 2025 - Hire a consultant to assist the city with preparation of plans for improvements to the Jackson Street Water Tower property. 2026 - Design/construction Justification The Jackson Street Water Tower has played a pivotal role in the history and development of the City of Elk River. The city has already gone to great lengths to repair and restore the structure to an original condition. The Heritage Preservation Commission would like to further develop the site to educate residents on the history of the tower and the city as a whole. The vision includes landscape improvements (vegetation, sitting areas, short walk, etc.) and interpretive signage. The initial project would develop the site plans and provide the city with plans and specifications for development and grant applications. Expenditures 2026 2027 2028 2029 2030 Total Design/Construction 50,000 0 0 0 0 50,000 Total 50,000 0 0 0 0 50,000 Funding Sources 2026 2027 2028 2029 2030 Total Yet To Be Determined 50,000 0 0 0 0 50,000 Total 50,000 0 0 0 0 50,000 Produced Using Plan-It CIP Software Page 364 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 10.2 Meeting Date November 17, 2025 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Item Description Energy Management Solutions - Solar on Public Buildings Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Discuss solar on public buildings and give staff direction. Background/Discussion The Solar on Public Buildings grant program is now available to local units of government and Tribal Nations statewide, for any utility service territory. The program is allocated $14.5 million in grant funding for eligible applicants to install solar energy generating systems of up to 40 kW on publicly owned and operated buildings. The application process is open until December 1, 2025, or until all funds are committed, whichever occurs first. Applications will be reviewed as they are received. Grants will be awarded for up to 70% of the project costs for a solar array built on or adjacent to a public building, and is the lesser of 40 kW system capacity or 120% of the building’s annual energy consumption. Grants combined with the Federal grant may cover up to 100% of the cost of the project costs. Financial Impact Unknown until a grant award amount is known. The city can choose to accept the grant or not based on the award amount and installation quotes obtained. Mission/Policy/Goal Meet changing needs - agile. Attachments 1. Solar on Public Proposal 11-10-25 Page 365 of 379 Using Our Energy to Save Yours 684 Excelsior Blvd., Suite 200 Excelsior, MM 55331 (612) 819-7975 – www.EMSenergy.com Energy Management Agreement 11/10/25 The purpose of this Agreement is to set forth the understanding and agreement between Energy Management Solutions, Inc. (EMS) and City ___________ (CUSTOMER). PROJECT DESCRIPTION: EMS will help CUSTOMER with the No-Cost Solar on Public Buildings projects. The state will pay 70% of the project (up to $112,000) and the Federal government will pay 30% of the project through the IRA Direct Pay Program. EMS will make sure this project is still a no- cost project for CUSTOMER, including EMS’ fees. The buildings to be included are attached on Addendum A. Energy Services – a. Analyze sites to determine best locations for solar. b. Review energy usage to determine proper size of Solar – Max of 40 kW AC. c. Prepare bid documents for solar vendors and answer any questions. d. Visit site to take pictures and determine where equipment should be installed. e. Analyze bids from Solar vendors. It is important to note that low cost could result in low production of solar due to poor performing solar panels. EMS will make sure CUSTOMER received the best panels available and still at no cost to CUSTOMER. f. Make sure Solar company can start project before 12/31/25 to still qualify for the grants. g. Submit State Grant information. EMS will submit State Grant applications in 1 week from approving this agreement. This is critical since the grants are on a first come first serve basis. If we don’t submit the grants quickly, they will be gone. h. Complete a final inspection once the project is completed. i. Complete Federal Grant Application. j. Help CUSTOMER sell the RECs in the future. k. CUSTOMER agrees to only use Energy Management Solutions (EMS) for this program. Quality Assurance - All work will be completed or reviewed by a Professional Engineer. FEES: EMS Fees, of $10,000 per site, are included in the Grant fees so there is no out pocket fees to CUSTOMER. BILLING AND PAYMENT: EMS shall be paid by once CUSTOMER receives money from grants. INDEPENDENT CONTRACTOR: EMS shall be and remain an independent contractor-consultant during the term of this Agreement, and EMS, its directors, officers and employees, shall not act for, or bind CUSTOMER in any manner, unless specifically authorized to do so by CUSTOMER. CUSTOMER: City ______________ Page 366 of 379 CUSTOMER’s Initials___ EMS’ Initials___ 2 EMS: (Payment and Notices) Energy Management Solutions, Inc. 684 Excelsior Blvd., Suite 200 P.O. Box 255 Excelsior, MN 55331 Attn: Gary A. Swanson, PE Phone: (612) 819-7975 Fax: (952) 556-9171 Email: gswanson@EMSenergy.com ASSIGNMENT OR AMENDMENT: The Agreement may not be assigned or amended without the written consent of EMS and CUSTOMER. APPLICABLE LAW: The Agreement shall be construed in accordance with the laws of the State of Minnesota. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement among the parties pertaining to the subject matter hereof and supersedes all prior Agreements and understanding pertaining hereto. If the above correctly sets forth CUSTOMER’s understanding of the Agreement, please so indicate in the spaces below and return one copy to EMS, Attention: Gary Swanson. ENERGY MANAGEMENT SOLUTIONS, Inc. By: (Sign) Name: Gary A. Swanson Title: President Date: 8/11/25 ACCEPTED AND DATED TO THIS DAY of ________, 2025 CITY ______________________ By: (Sign) Name: (Print) Title: Date: Page 367 of 379 CUSTOMER’s Initials___ EMS’ Initials___ 3 Addendum A # Name Locations kWh Page 368 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 10.3 Meeting Date November 17, 2025 Prepared By Cal Portner, City Administrator Item Description Municipal Cannabis Retail Discussion Reviewed by Cal Portner Tina Allard Action Requested Discuss and provide staff direction. Background/Discussion Council Member Calva would like the City Council to have further discussion regarding the proposed municipal cannabis retail operation. Financial Impact None Mission/Policy/Goal City of Elk River Mission and Value Statementes Attachments None Page 369 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 13.1 Meeting Date November 17, 2025 Prepared By Lori Stich, Finance Manager Item Description Investment Report - 3rd quarter Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard Action Requested Information only. Background/Discussion The purpose of this report is to update the City Council on the status of the various investments the city maintains as of September 30, 2025. Background The investment policy complies with state statutes and generally follows the Government Finance Officers Association (GFOA) model. The investment goals for the City of Elk River are passive due to the allowable investments permitted under state statutes. The city has four objectives for investing. In order of importance, they are: 1) safety of principal, 2) liquidity, 3) return on investment, and 4) maintaining the public trust. This means we are focused on not losing on the original investment, having sufficient funds on hand to meet ongoing operating cash needs, getting a market rate of return, and not purchasing speculative investments. State statutes limit the city’s ability to invest in many risky types of investments. The city is generally limited to federal and state government obligations or agencies backed by them, rated debt of local governments, short-term highly rated commercial paper, certificates of deposit, and money market accounts (with collateralization if in excess of FDIC insurance amounts). The city intends to hold investments until maturity, which means we will get the rate of return at which we invest our funds. The finance staff ensures the city is sufficiently liquid by continually updating our forecast on the anticipated cash flow needs over the next five-year period. We anticipate two large tax settlements each year, along with the regularly scheduled debt service payments. We also build in a reserve balance maintained in money market accounts in case of unexpected expenditures. Page 370 of 379 Cities generally use a short-horizon benchmark such as the two-year Treasury Bill or some similar measure. As of 9/30/25, the two-year T-bill was at 3.60%, down from 3.72% on 6/30/25. Our current portfolio yield is roughly 4.06%. Our primary reserve account is our 4M Fund, which is a money market account where many cities pool their funds. It currently yields 4.167% with daily withdrawal privileges. The city must maintain a strong diversified portfolio, prioritizing safety, liquidity, and flexibility in this market environment. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. 9-2025 Investment summary Page 371 of 379 RX XX694 • City of Elk River • Business Service AccountPrepared forCity of Elk RiverRisk profile:ConservativeReturn Objective:Current IncomeBond Summaryas of September 30, 2025Bond SummaryBond Overview50,687,000Total quantityTotal market value$48,903,441.73Total accrued interest$234,616.17Total market value plus accrued interest$49,138,057.90Total estimated annual bond interest$1,579,553.30Average yield to maturityAverage coupon3.23%4.06%3.23%4.06%Average current yieldAverage yield to worstAverage modified duration2.86Average effective maturity3.98Investment Type AllocationTaxable ($)Investment typeTotal ($)Tax-exempt /deferred ($)% ofbondport.Asset/Mortgage21,993,501.280.0021,993,501.2844.76Certificates of deposit3,051,571.920.003,051,571.926.21Municipals24,092,984.690.0024,092,984.6949.03Total$49,138,057.89$0.00$49,138,057.89100%Credit Quality of Bond Holdings86.35Aaa/AAA/AAAA3,120,234.474740.96Aa/AA/AAB20,150,841.7821.16A/A/AC567,834.1200.00Baa/BBB/BBBD0.0000.00Non-investment gradeE0.00136.20Certificate of depositF3,051,571.923145.34Not ratedG22,247,575.61Total100%$49,138,057.90101Effective credit rating% ofport.Value on09/30/2025 ($)IssuesBond Maturity ScheduleEffective maturity schedule2025202620272028202920302031203220332034203520362036 +Other0.02.55.07.510.03.0%10.1%7.5%15.3%16.3%16.9%14.1%13.7%2.7%0.0%0.0%0.0%0.0%0.0%Cash, mutual funds and some preferred securities are not included.$ MillionsIncludes all fixed income securities in the selected portfolio. Average yields and durations exclude Structured Product, Pass-Through, Perpetual Preferred, and Foreign securities.Accrued interest, if any, has been included in the total market value.Report created on: October 01, 2025Page 3of 33Page 372 of 379 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 13.2 Meeting Date November 17, 2025 Prepared By Lori Stich, Finance Manager Item Description October Financial Reports Reviewed by Lori Stich Joe Stremcha Cal Portner Tina Allard Action Requested Information only. Background/Discussion This report is designed to provide summary information regarding the overall level of revenues and expenditures in the General Fund, the Multipurpose Facility Special Revenue Fund, and the Enterprise Funds. These funds provide an important picture of the city’s financial health. For October, actual revenues (excluding property taxes and transfers) and expenditures should run about 83% of the annual budget. It is natural for some of the items to vary from month to month, such as exceeding budget for Supplies but being below budget for Services. This is not considered serious as long as the total expenditure budget amount is not overspent. Significant variances from budget are highlighted below, accompanied by a general discussion of the variance. General Fund Revenues: ▪ License & permit collections are about 86% of budget estimates. October collections were primarily building-related permits. ▪ Charges for services are about 81% of estimates, with plan check fees and recreation fees making up the majority of October collections. ▪ Court fines, which lag a month, are about 73% of budget, including September collections received by the county. ▪ Transfers in consist of ERMU’s 4% September monthly electric revenues. Expenditures: Page 373 of 379 • Total departmental expenditures are about 79% of budget. Most departments are within or below budget estimates. FTCenter Through the end of October, expenditures $1,637,213 exceed revenues of $1,419,075 by $218,137. The majority of October collections consist of ice rent, facility rentals, and concessions/catering revenue, while expenditures are primarily attributable to personal services, utilities and field house improvements. Financial Impact N/A Mission/Policy/Goal Responsible for every dollar - good stewards. Attachments 1. 10-2025 Financial Reports Page 374 of 379 General Fund As of:10/31/2025 83.00%OF YEAR COMPLETED REVENUES Budget YTD Actual % of budget Budget Balance Taxes 101-3-0000-3111 Current Ad Valorem Taxes 15,626,050.00 8,025,706.36 51.36%7,600,343.64 101-3-0000-3112 Delinquent Ad Valorem Taxes 0.00 56,048.69 0.00%(56,048.69) 101-3-0000-3121 Gravel Tax 225,000.00 112,854.18 50.16%112,145.82 101-3-0000-3131 Penalties/Interest 0.00 3,322.56 0.00%(3,322.56) Total Taxes 15,851,050.00 8,197,931.79 51.72%7,653,118.21 Licenses & Permits 101-3-0000-3211 Liquor License 82,000.00 81,326.50 99.18%673.50 101-3-0000-3212 THC License 5,000.00 800.00 16.00%4,200.00 101-3-0000-3213 Cigarette License 4,000.00 1,800.00 45.00%2,200.00 101-3-0000-3214 Rental License 65,000.00 25,820.00 39.72%39,180.00 101-3-0000-3216 Mining License 26,000.00 27,006.10 103.87%(1,006.10) 101-3-0000-3217 Garbage Hauler License 2,500.00 580.00 23.20%1,920.00 101-3-0000-3218 Other Business License/Permit 16,000.00 14,220.00 88.88%1,780.00 101-3-0000-3229 NPDES Permit 23,000.00 14,875.00 64.67%8,125.00 101-3-0000-3231 Building Permit 550,000.00 463,808.55 84.33%86,191.45 101-3-0000-3232 Plumbing/Heating Permit 175,000.00 167,990.05 95.99%7,009.95 101-3-0000-3233 Permit Surcharge 700.00 2,040.85 291.55%(1,340.85) 101-3-0000-3235 Animal License 0.00 700.00 0.00%(700.00) 101-3-0000-3237 Other Non-Business Lic/Permit 25,000.00 41,545.94 166.18%(16,545.94) Total Licenses & Permits 974,200.00 842,512.99 86.48%131,687.01 Intergovernmental Revenue 101-3-0000-3322 MV Credit 6,000.00 2,738.14 45.64%3,261.86 101-3-0000-3323 Fire State Aid 275,000.00 377,035.85 137.10%(102,035.85) 101-3-0000-3325 Police 2% Aid 414,000.00 444,627.34 107.40%(30,627.34) 101-3-0000-3326 Police Training Reimb 35,000.00 31,821.75 90.92%3,178.25 101-3-0000-3329 State Crime Prevention Grant 48,000.00 68,320.63 142.33%(20,320.63) 101-3-0000-3330 Other State Grants 0.00 25,640.14 0.00%(25,640.14) Total Intergovernmental Revenue 778,000.00 950,183.85 122.13%(172,183.85) Charges for Services 101-3-0000-3412 Planning & Zoning Fees 25,000.00 39,242.32 156.97%(14,242.32) 101-3-0000-3413 Plan Check Fee 230,000.00 206,981.93 89.99%23,018.07 101-3-0000-3415 Special Assessment Search 500.00 180.00 36.00%320.00 101-3-0000-3417 Copies 1,500.00 1,143.28 76.22%356.72 101-3-0000-3418 Other General Govt Services 0.00 122.25 0.00%(122.25) 101-3-0000-3430 Lockout Fees 3,500.00 1,900.00 54.29%1,600.00 101-3-0000-3431 Police Services 46,000.00 24,131.44 52.46%21,868.56 101-3-0000-3432 School Liaison 185,000.00 199,012.01 107.57%(14,012.01) 101-3-0000-3434 Animal Impound Fee 500.00 750.00 150.00%(250.00) 101-3-0000-3436 Fire Contracts 465,750.00 253,422.01 54.41%212,327.99 101-3-0000-3437 Fire Services 3,000.00 0.00 0.00%3,000.00 101-3-0000-3438 Fire Inspections 0.00 10.14 0.00%(10.14) 101-3-0000-3451 Street Services 35,000.00 21,503.34 61.44%13,496.66 101-3-0000-3452 Engineering Services Reimb 20,000.00 8,841.75 44.21%11,158.25 101-3-0000-3461 Recreation Fees 52,500.00 46,309.76 88.21%6,190.24 101-3-0000-3462 Sr Center Activities 47,500.00 41,442.04 87.25%6,057.96 101-3-0000-3463 Farmer's Market 15,000.00 50,611.00 337.41%(35,611.00) 101-3-0000-3469 Elk RiverFest 20,000.00 7,915.00 39.58%12,085.00 Page 375 of 379 101-3-0000-3472 Park Use Fee 76,900.00 84,309.96 109.64%(7,409.96) 101-3-0000-3475 Building Rent 0.00 442.24 0.00%(442.24) 101-3-0000-3483 Sewer Inspection Fee 15,000.00 15,180.00 101.20%(180.00) 101-3-0000-3484 Contractor License Check 1,200.00 1,098.31 91.53%101.69 Total Charges for Services 1,243,850.00 1,004,548.78 80.76%239,301.22 Fines & Forfeits 101-3-0000-3510 Court Fines 155,000.00 112,701.57 72.71%42,298.43 Total Fines & Forfeits 155,000.00 112,701.57 72.71%42,298.43 Other Revenue 101-3-0000-3621 Interest Income 175,000.00 82,508.93 47.15%92,491.07 101-3-0000-3625 Refunds & Reimbursements 150,000.00 250,287.40 166.86%(100,287.40) 101-3-0000-3626 Contributions 26,000.00 26,000.00 100.00%0.00 101-3-0000-3629 Miscellaneous Revenue 10,000.00 22,367.04 223.67%(12,367.04) Total Other Revenue 361,000.00 381,163.37 105.59%(20,163.37) Transfers In 101-3-0000-3926 Transfer-Capital Outlay Reserv 95,000.00 95,000.00 100.00%0.00 101-3-0000-3942 Transfer-WWTS 180,000.00 180,000.00 100.00%0.00 101-3-0000-3943 Transfer-Liquor 850,000.00 850,000.00 100.00%0.00 101-3-0000-3944 Transfer-Garbage 60,000.00 60,000.00 100.00%0.00 101-3-0000-3945 Transfer-Utilities 1,450,000.00 1,226,761.22 84.60%223,238.78 101-3-0000-3946 Transfer-Stormwater 125,000.00 125,000.00 100.00%0.00 101-3-0000-3948 Transfer-EDA 48,000.00 48,000.00 100.00%0.00 101-3-0000-3949 Transfer-HRA 39,000.00 39,000.00 100.00%0.00 Total Transfers In 2,847,000.00 2,623,761.22 92.16%223,238.78 TOTAL GENERAL FUND REVENUES 22,210,100.00 14,112,803.57 63.54%8,097,296.43 Page 376 of 379 General Fund As of:10/31/2025 83.00%OF YEAR COMPLETED EXPENDITURE SUMMARY Budget YTD Actual % of budget Budget Balance General Government City Council 233,000.00 182,610.51 78.37%50,389.49 Communications 522,150.00 398,675.00 76.35%123,475.00 Administrative Services 727,050.00 553,166.77 76.08%173,883.23 Human Resources 456,150.00 369,792.43 81.07%86,357.57 Elections 6,800.00 6,320.86 92.95%479.14 Finance 850,250.00 711,444.57 83.67%138,805.43 Information Technology 748,200.00 547,944.09 73.23%200,255.91 Legal 300,000.00 253,051.21 84.35%46,948.79 Community Development / Planning 504,750.00 437,173.87 86.61%67,576.13 Building Maintenance 1,151,350.00 869,668.94 75.53%281,681.06 Total General Government 5,499,700.00 4,329,848.25 78.73%1,169,851.75 Public Safety Police Administration 1,257,000.00 1,106,174.33 88.00%150,825.67 Patrol 3,992,500.00 3,006,668.29 75.31%985,831.71 Investigations 1,523,350.00 1,214,443.12 79.72%308,906.88 Police Support Services 1,002,750.00 752,945.48 75.09%249,804.52 Police Reserves 16,550.00 4,406.69 26.63%12,143.31 Public Safety Building 236,150.00 175,223.35 74.20%60,926.65 Fire Administration 1,405,400.00 1,298,582.28 92.40%106,817.72 Fire Operations 658,900.00 596,139.53 90.47%62,760.47 Emergency Management 32,150.00 38,288.01 119.09%(6,138.01) Building Safety 648,400.00 488,286.46 75.31%160,113.54 Code Enforcement 132,900.00 103,594.06 77.95%29,305.94 Environmental 57,800.00 54,049.17 93.51%3,750.83 Total Public Safety 10,963,850.00 8,838,800.77 80.62%2,125,049.23 Public Works Street Maintenance 1,778,350.00 1,253,033.94 70.46%525,316.06 Snow Removal 380,650.00 231,961.82 60.94%148,688.18 Equipment Services 428,700.00 338,659.44 79.00%90,040.56 Engineering 382,100.00 313,435.65 82.03%68,664.35 Total Public Works 2,969,800.00 2,137,090.85 71.96%832,709.15 Culture & Recreation Parks Department 1,736,000.00 1,295,451.99 74.62%440,548.01 Parks & Rec Admin 576,100.00 450,138.72 78.14%125,961.28 Recreation Programs 146,550.00 132,664.06 90.52%13,885.94 Farmers Market 61,850.00 66,817.49 108.03%(4,967.49) Sr Citizen Programs 216,050.00 172,063.15 79.64%43,986.85 Total Culture & Recreation 2,736,550.00 2,117,135.41 77.37%619,414.59 Economic Development Economic Development 0.00 21,358.38 0.00%(21,358.38) Energy City 40,200.00 0.00 0.00%40,200.00 Total Economic Development 40,200.00 21,358.38 53.13%18,841.62 TOTAL GENERAL FUND EXPENDITURES 22,210,100.00 17,444,233.66 78.54%4,765,866.34 REVENUES OVER/(UNDER) EXPENDITURES 0.00 (3,331,430.09)3,331,430.09 Page 377 of 379 Current Budget Year to Date Actual % of Budget Revenues: Ice Rental $861,000 $597,748 69.42% Admissions 6,000 10,493 174.89% Dry Floor Events/Craft Shows 0 3,672 0.00% Facility Rental 245,400 229,806 93.65% Advertising/Naming Rights/Sponsorships 192,550 160,083 83.14% Recreation fees (Skating/Hockey)160,000 122,237 76.40% Concessions/catering/vending 363,000 274,195 75.54% Other Revenues (interest, etc.)29,600 20,841 70.41% Total Revenues $1,857,550 $1,419,075 76.40% Operating expenses: Personal services $930,900 $755,387 81.15% Supplies 197,550 165,425 83.74% Other service charges 585,450 491,934 84.03% Capital Outlay 141,750 224,466 158.35% Total Expenditures $1,855,650 $1,637,213 88.23% Revenues over/(under) expenditures $1,900 ($218,137) CITY OF ELK RIVER FTCENTER - BUDGET TO ACTUAL MONTH ENDED OCTOBER 31, 2025 Budget, $1,857,550 Budget, $1,855,650 Actual $1,419,075 Actual $1,637,213 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 $2,000,000 Total Revenues Total Expenditures FTCenter October 2025 Page 378 of 379 Current Budget Year to Date Actual % of Budget Current Budget Year to Date Actual % of Budget Current Budget Year to Date Actual % of Budget Current Budget Year to Date Actual % of Budget Sales and cost of sales: Sales 8,640,000$ 7,067,422$ 81.80% Cost of sales (6,235,750) (4,725,365) 75.78% Gross profit 2,404,250 2,342,058 97.41% Operating revenues: User charges - - - 2,745,000$ 2,229,872$ 81.23%2,070,000$ 1,498,168$ 72.38%675,000$ 508,307$ 75.30% Delinquency collections - - - 1,500 1,422 94.80%- 1,013 - - 45 - Other 9,000 4,082 45.35%195,000 148,285 76.04%- - - - - - Total operating revenues 9,000 4,082 45.35%2,941,500 2,379,580 80.90%2,070,000 1,499,181 72.42%675,000 508,352 75.31% Operating expenses: Personal services 1,268,300 978,916 77.18%901,300 695,138 77.13%29,900 17,647 59.02%- - - Supplies 31,500 10,652 33.82%334,900 235,080 70.19%23,250 869 3.74%1,000 - 0.00% Other service charges 397,650 455,814 114.63%1,007,950 840,275 83.36%1,844,550 1,345,009 72.92%302,950 156,541 51.67% Depreciation *70,000 - 0.00%1,710,000 - 0.00%- - - 500,000 - 0.00% Total operating expenses 1,767,450 1,445,382 81.78%3,954,150 1,770,493 44.78%1,897,700 1,363,526 71.85%803,950 156,541 19.47% Operating income (loss)645,800 900,758 139.48%(1,012,650) 609,087 -60.15%172,300 135,655 78.73%(128,950) 351,811 -272.83% Nonoperating revenues (expenses): Interest income 135,000 37,951 28.11%135,000 114,499 84.81%10,000 11,896 118.96%30,000 28,761 95.87% Interest expense/agent fees - - - (77,550) (76,985) 99.27%- - - - - - Total nonoperating revenues (expenses)135,000 37,951 28.11%57,450 37,514 65.30%10,000 11,896 118.96%30,000 28,761 95.87% Income (loss) before contributions & transfers 780,800 938,709 120.22%(955,200) 646,601 -67.69%182,300 147,551 80.94%(98,950) 380,572 -384.61% Contributions - connection fees - - - 1,000,000 880,146 88.01%- - - - - - Transfers in (ARPA funds)- - 0.00% Sale of assets - - 0.00%- - 0.00%- - 0.00%- - 0.00% Transfers out (1,100,000) (1,350,000) 122.73%(180,000) (180,000) 100.00%(60,000) (60,000) 100.00%(125,000) (125,000) 100.00% NET INCOME (LOSS)(319,200) (411,291) 128.85%(135,200) 1,346,747 -996.11%122,300 87,551 71.59%(223,950) 255,572 -114.12% Items reclassified to balance sheet at year end: Bond Proceeds - - Capital Outlay - - - (343,000) (261,540) - - - - (150,000) - - Bond Payment - - - (530,000) (530,000) - - - - - - - Revenues over/(under) expenditures (319,200) (411,291) (1,008,200) 555,207 122,300 87,551 (373,950) 255,572 * Recorded at year-end CITY OF ELK RIVER ENTERPRISE FUNDS - BUDGET TO ACTUAL MONTH ENDED OCTOBER 31, 2025 Liquor Sewer Garbage Stormwater Page 379 of 379