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City Council Packet 01 05 2026 City Council Regular Meeting & Closed Meeting Agenda Monday, January 5, 2026 6:30 PM Elk River City Hall ▪ Regular meeting in Council Chambers ▪ Closed meeting in Upper Town Conference Room immediately following regular meeting 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 Designate Official Newspaper and Website for Transportation Project Notices for 2026 4.3 Designate Official Depositories and Delegate Authority for Electronic Funds Transfers 4.4 Fire Relief Association Appointments 4.5 Resolution 26-01 Appointing a Data Practices Responsible Authority and Designees 4.6 Plants and Things Playground Shade Structure 4.7 Ordinance 26-01: Regarding Process for Incomplete Licensing Applications 4.8 Resolution 26-03 General transfer from the Multipurpose Facility and Wastewater Funds to the Fleet Replacement Fund 4.9 Vehicle Acquisition and Replacement Policy 4.10 On-Sale 3.2 Liquor License and Wine License: Pickle Paradise LLC 4.11 Agreement 26-01 Meadowwoods Village Sewer Acquisition 4.12 2026 Solid Waste Collection License Renewal 4.13 Approve Subcontractor RFQ Documents 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 Page 1 of 99 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity 6.1 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 26-02: Easement Vacation, Allen Perkins - 13937 196th Ave NW 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 Appoint Acting Mayor 8.2 Discuss Work Session Items 9. COUNCIL LIAISON UPDATES 9.1 Council Liaison Updates 10. MOTION TO ADJOURN REGULAR MEETING 11. CLOSED MEETING - LELS #589 COLLECTIVE BARGAINING AGREEMENT 11.1 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 589." 11.2 Motion Calling Closed Meeting 11.3 Hold Closed Meeting 12. MOTION TO ADJOURN Page 2 of 99 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 January 5, 2026 Prepared By Amy Stangler, Accounting Clerk Item Description Check Register Reviewed by Lori Stich Joe Stremcha Cal Portner Jolene Richter Action Requested Approve, by motion, the check register for the period ending January 5, 2026. Background/Discussion The details for the period ending January 5, 2026, are attached to this request for action. Total for All Funds $ 1,300,116.84 Financial Impact N/A Mission/Policy/Goal N/A Attachments 1. 4.2 at1 Check Register 2. 4.2 at2 Check Register Page 3 of 99 Page 4 of 99 Page 5 of 99 Page 6 of 99 Page 7 of 99 Page 8 of 99 Page 9 of 99 Page 10 of 99 Page 11 of 99 Page 12 of 99 Page 13 of 99 Page 14 of 99 Page 15 of 99 Page 16 of 99 Page 17 of 99 Page 18 of 99 Page 19 of 99 Page 20 of 99 Page 21 of 99 Page 22 of 99 Page 23 of 99 Page 24 of 99 Page 25 of 99 Page 26 of 99 Page 27 of 99 Page 28 of 99 Page 29 of 99 Page 30 of 99 Page 31 of 99 Page 32 of 99 Page 33 of 99 Page 34 of 99 Page 35 of 99 Page 36 of 99 Page 37 of 99 Page 38 of 99 Page 39 of 99 Page 40 of 99 Page 41 of 99 Page 42 of 99 Page 43 of 99 Page 44 of 99 Page 45 of 99 Page 46 of 99 Page 47 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Designate Official Newspaper and Website for Transportation Project Notices for 2026 Reviewed by Justin Femrite Cal Portner Action Requested Designate, by motion, the Star News as the official newspaper for the city and designate the city website (elkrivermn.gov) as the official notice and advertisement venue for transportation project bids in 2025. Background/Discussion MN Stat. Ch. 331A requires the city to designate an official newspaper to publish certain notices each year. This includes public hearings, advertisements for bids, and the adoption of ordinances. To be qualified as an official legal newspaper, the paper must meet certain requirements. Under the state criteria, the Star News is the only viable option. In addition, MN Stat. Ch. 331A.12 allows the designation of a city's website as the official notice venue for transportation projects. Publication on the website may be used in place of any other required form of publication. To comply with state law, the city must publish any future advertisement for bids on the city's site. All notices under this section must be posted in substantially the same format and for the same period as required for publication in an official newspaper, and ensure a permanent record of publication is maintained in a form accessible to the public. The city will also continue to provide notice in commonly circulated trade publications. Financial Impact N/A Mission/Policy/Goal N/A Attachments None Page 48 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Designate Official Depositories and Delegate Authority for Electronic Funds Transfers Reviewed by Lori Stich Cal Portner Action Requested Approve, by motion, the city's official depositories for 2026 and delegate authority for electronic funds transfers to the finance manager or their designee. ▪ First National Bank of Elk River ▪ 4M Fund ▪ Wells Fargo ▪ The Bank of Elk River ▪ US Bank ▪ UBS Financial Services Background/Discussion State law §118A.02 requires the city to designate official depositories for the deposit of funds and delegate authority to make electronic funds transfers. The state auditor recommends this designation be completed annually. The city utilizes The Bank of Elk River for its checking account depository. Also included in the list is a list of financial institutions the city utilizes for investments. Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. MN Statute 118A.02 Page 49 of 99 118A.02 DEPOSITORIES; INVESTING: SALES, PROCEEDS, IMMUNITY. Subdivision 1.Designation; delegation.(a) The governing body of each government entity shall designate, as a depository of its funds, one or more financial institutions. (b) The governing body may authorize the treasurer or chief financial officer to: (1) designate depositories of the funds; (2) make investments of funds under sections 118A.01 to 118A.06 or other applicable law; or (3) both designate depositories and make investments as provided in this subdivision. Subd. 2.Sale; proceeds; immunity, if loss.(a) The treasurer or chief financial officer of a government entity may at any time sell obligations purchased pursuant to this section and the money received from such sale, and the interest and profits or loss on such investment shall be credited or charged, as the case may be, to the fund from which the investment was made. (b) Neither such official nor government entity, nor any other official responsible for the custody of such funds, shall be personally liable for any loss sustained from the deposit or investment of funds in accordance with the provisions of sections 118A.04 and 118A.05. History: 1996 c 399 art 1 s 3 Official Publication of the State of Minnesota Revisor of Statutes 118A.02MINNESOTA STATUTES 20241 Page 50 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Fire Relief Association Appointments Reviewed by Cal Portner Action Requested Approve, by motion, Assistant City Administrator Joe Stremcha and Mayor John Dietz to the Fire Relief Association Board with a term expiration of December 31, 2026. Background/Discussion Per state law, fire relief associations must have three city trustees on their board. One member must be the fire chief. The city must appoint the other two members on an annual basis. Historically, the mayor and a finance person have been the two city trustees. Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments None Page 51 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Resolution 26-01 Appointing a Data Practices Responsible Authority and Designees Reviewed by Cal Portner Action Requested Adopt, by motion, Resolution 26-01 Appointing a Data Practices Responsible Authority and Designees. Background/Discussion Cities are required to appoint an employee as the city's "responsible authority" under the Minnesota Government Data Practices Act. The responsible authority is responsible for the collection, use, and dissemination of government data. This designation is required to be adopted by resolution and must include the name of the specific individual who is appointed. With the retirement of the City Clerk, the attached resolution lists Records Coordinator Dawn Robertson as the new responsible authority. Data Practices designees are also required to be appointed by resolution. The attached resolution includes those names for various departments. City Administrator Cal Portner remains the Data Practices Compliance Officer (DPCO), who is responsible for ensuring the city adheres to regulatory, legal, and ethical standards. The DPCO receives and responds to questions or concerns about data practices issues, such as issues accessing data that the city keeps. Financial Impact N/A Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. Resolution Page 52 of 99 City of Elk River City Council Resolution 26-01 A Resolution of the City Council of the City of Elk River Appointing a Responsible Authority and Designees WHEREAS, Minnesota Statutes, Chapter 13 requires the adoption of certain policies and procedures pertaining to government data practices; and WHEREAS, the statute also requires the appointment of a data practices Responsible Authority and designee(s) to enforce the data practices policies of government agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The city appoints Records Coordinator Dawn Robertson as the Responsible Authority and that Police Chief Dave Kuhnly, Fire Chief Mark Dickinson, Public Works Director Justin Femrite, Community Development Director Zack Carlton, Economic Development Director Brent O’Neil, Assistant City Administrator Joe Stremcha, Human Resources Manager Lauren Wipper, are hereby appointed as data practices designees over their respective departments. Passed and adopted this 5th day of January 2026. John J. Dietz, Mayor ATTEST: Jolene Richter, Deputy Clerk Page 53 of 99 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 January 5, 2026 Prepared By Justin Femrite, Public Works Director/Chief Engineer Item Description Plants and Things Playground Shade Structure Reviewed by Justin Femrite Cal Portner Jolene Richter Action Requested Approve, by motion, the removal and return of the playground shade structure. Background/Discussion For the past two years, staff have been working on a suitable solution for the failed shade structure at the Plants and Things Athletic Complex. The structure was constructed in 2023 for $146,319.35. During the first season of use, staff noticed the structure’s poles leaning due to the wind loading on the fabric shade sails. With no suitable opportunities for a re-engineered solution to support the system, staff have negotiated a refund of 80% of the original cost from the vendors (Landscape Structures Inc. and Flagship Recreation). A breakdown of the system costs and proposed refund is attached. Staff recommends accepting the offer and returning the system. Staff suggests using a portion of the refund for a safety netting system or considering other safety alternatives, up to and including potentially moving the playground structure to a safer location. Alternative safety options would be presented to the Council for consideration at a future meeting. Financial Impact The refund of $117,055.55 will go back into the Park Improvement Fund. Mission/Policy/Goal Meet Changing Needs - Agile Attachments 1. Elk River YAC Shade_Proposed Return-Refund Page 54 of 99 Elk River YAC ShadeProject Contract Cost (Equip+Install) Equipment List Price 101,546.10$ Discount 5%)(5,077.31)$ Skyways Templates (12)2,295.00$ Return 988.13$ Shipping 3,530.00$ Total Equipment Contract Price (LSI)103,281.92$ Total Installation Contract Price (Flagship)43,037.43$ Total Equipment + Installation Contracts 146,319.35$ Proposed Equipment Return/Refund Customer Equipment Return/Refund 117,055.55$ 80% *Refund to City by LSI+Flagship (Prior to 12/31/25) **Proposed refund approach includes removal of existing shade posts by Flagship Recreation City of Elk River (Sunk Project Costs)29,263.80$ 20% Page 55 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Ordinance 26-01: Regarding Process for Incomplete Licensing Applications Reviewed by Cal Portner Action Requested Adopt, by motion, Ordinance 26-01 regarding process for handling incomplete license application. Background/Discussion Lately, staff have received incomplete license applications. Currently, there is no process in place for how to handle incomplete applications. Generally, we can email the applicant regarding incomplete information, and they respond quickly without issue. There have been a few that have required significant staff time. The proposed ordinance addresses a process for handling incomplete applications. Staff would continue to email the applicant. If there is no response within a few days, staff will send a formal letter detailing items missing from the application. If the applicant does not provide the needed materials within 30 days of the letter, another letter will be sent notifying the applicant that the application is rejected, and they'll need to resubmit when they have full application materials. This formal change intends to cut down on staff follow-up and to make sure there is no assumption of license approval due to a lack of activity on the application. Financial Impact N/A Mission/Policy/Goal Ethical, efficient, and responsible. Attachments 1. Draft Ordinance Page 56 of 99 Strikethroughs to be removed Underlines to be added Last Updated January 2024 Ordinance 26-01 An Ordinance Amending Chapter 38, Section 31, Application of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That § 38-31, Application; issuance of the City of Elk River Code of Ordinances shall be amended to read as follows: Sec. 38-31. - Application; issuance. (a) Issuance. Unless otherwise provided in this Code, every application for a license shall be made to the city clerk on a form provided by the city clerk. It shall be accompanied by payment to the city clerk of the prescribed fee. If, after investigation, the city clerk is satisfied that all requirements of law and this Code have been met, the city cleerk shall present the application to the council for action or, if the license or permit does not require council approval, the city clerk or other appropriate official, as the case may be, shall issue the license or permit. (b) Incomplete Applications. If, upon notice to the applicant, the applicant does not complete its application within 30 days, the city clerk may administratively reject the application. SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 5th day of January, 2026. ______________________________ John J. Dietz, Mayor ATTEST: _______________________________ Jolene Richter, Deputy Clerk Page 57 of 99 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 January 5, 2026 Prepared By Mitchell Litfin, Street and Park Superintendent Item Description Resolution 26-03 General transfer from the Multipurpose Facility and Wastewater Funds to the Fleet Replacement Fund Reviewed by Cal Portner Jolene Richter Action Requested Transfer, by resolution 26-03, funds from Multipurpose Facility and Wastewater Funds to the Fleet Replacement Fund for payment of repurposed assets. Background/Discussion In 2025, two city-owned vehicles were repurposed in the fleet to serve the needs of different divisions. Instead of disposing of these assets, they were transferred to Wastewater as a replacement vehicle to house our mainline pipe camera system and to the FT Center to serve as a catering vehicle. This action formally attributes the costs associated with the assets to the correct funds. Both vehicles have been entered into our inventory as "repurposed" assets. They will remain as such in the system, so that any future upgrade is only with repurposed assets (not new in-kind replacements). Financial Impact The action prescribes the transfer of $7,700 from the Multipurpose Facility Fund and $4,100 from the Wastewater Fund to the Fleet Replacement Fund to cover the cost of acquired assets. Mission/Policy/Goal Responsible for every dollar — good stewards Attachments 1. RES 26-03 Page 58 of 99 City of Elk River City Council Resolution 26-03 A Resolution of the City Council of the City of Elk River Authorizing a General Transfer from the Multipurpose Facility and Wastewater Funds to the Fleet Replacement Fund WHEREAS, the City of Elk River maintains a Fleet Acquisition and Replacement Policy to manage all capital equipment assets; and WHEREAS, the Wastewater Division has proposed to replace an existing equipment trailer with a retired police interceptor vehicle for the sanitary sewer line camera deployment platform; and WHEREAS, the difference in replacement cost between the aging trailer asset and the retired police interceptor vehicle is $4,100; and WHEREAS, the Furniture and Things Community Event Center (FT Center) management wishes to expand their food catering operation and requested a retired vehicle for this purpose as a trial in 2025; and WHEREAS, the FT Center staff requests the addition of a vehicle for ongoing catering operations use until further notice; and WHEREAS, it has been determined that $4,100 shall be transferred from the Wastewater Fund and $7,700 shall be transferred from the Multipurpose Facility Fund to the Fleet Replacement Fund to account for the cost to add such vehicles; and WHEREAS, the vehicles will be added to the fleet inventory designated as “repurposed asset” indicating that future replacement will be by way of similarly repurposed assets; and WHEREAS, repurposed assets are not amortized for annual budget chargebacks to the Fleet Replacement Fund. Page 59 of 99 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The transfer of $7,700 from the Multipurpose Facility Fund and $4,100 from the Wastewater Fund to the Fleet Replacement Fund Passed and adopted this 5th day of January 2026. John J. Dietz, Mayor ATTEST: Jolene Richter, Deputy Clerk Page 60 of 99 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 January 5, 2026 Prepared By Mitchell Litfin, Street and Park Superintendent Item Description Vehicle Acquisition and Replacement Policy Reviewed by Justin Femrite Cal Portner Tina Allard Action Requested Accept, by motion, the updated Vehicle Acquisition and Replacement Policy Background/Discussion The city’s fleet supports essential operations and requires ongoing replacement to remain safe and reliable. An updated Vehicle Acquisition and Replacement Policy will provide clear guidance on replacement cycles and procurement planning, allowing the city to better anticipate costs, control maintenance expenses, and improve long-term budget forecasting. Financial Impact Adoption of an updated Vehicle Acquisition and Replacement Policy will improve long-term budget planning and cost control by establishing more predictable replacement schedules and reducing unexpected maintenance expenses. While future vehicle acquisitions will require funding through the annual budget process, the policy itself has no immediate fiscal impact and is expected to support more efficient use of City resources over time. Mission/Policy/Goal Responsible for every dollar - good stewards Attachments 1. Vehicle Acquisition and Replacement Policy Page 61 of 99 Vehicle Acquisition and Replacement Policy Manual 13065 Orono Parkway Elk River, MN 55330 763.635.1000 ElkRiverMN.gov Page 62 of 99 2 | P ag e Vehicle Acquisition and Replacement Policy Purpose The City of Elk River establishes this policy to guide in the maintenance of a fleet that supports the services provided to residents. The management of the city vehicle fleet is the responsibility of the Public Works Department as delegated to the Public Works Supervisor in collaboration with city departments. The Public Works Supervisor is responsible for the effective planning for the purchase, replacement, and assignment of all city vehicles. Coordination of vehicle purchases, replacements, and reassignments will be done by the respective city department-designated representatives and in conformity with city policy and the vehicle and equipment replacement schedule guidelines. The purpose of this policy is to establish standard replacement schedule guidelines for vehicles of similar types and use. The Public Works Director and Public Works Supervisor shall be responsible for managing the fleet and coordinating any changes in the replacement schedule. The city’s Fleet Services staff shall provide integral information for the process including vehicle maintenance history, mechanical condition, and alternative solutions to meet service needs. The standard guidelines for our replacement schedule by vehicle type are as follows: Dept/Division Vehicle T y pe of Service R e p l Cycle (Yrs) Parks ¾ Ton Truck 3 10-12 1-2 Ton Trucks 3 10-12 Ballfield Maintenance Equip 4 10 Heavy Duty Trailers 3 20 Light Duty Trailers 3 20 Sidewalk Machines 5 8-10 Small Mowers 5 5-7 Snowmobiles 3 10-12 Sprayer 3 20 Tractor Attachments 3 10-15 Tractors 3 10-15 Mini Skid 1 15-20 Utility ATV 3 6-8 Field Painter 2 10 Wide Area Mowers 5 5-7 Streets Air Compressor 2 15-20 Asphalt Roller 2 7-10 Brush Clipper 5 7-10 Page 63 of 99 3 | P ag e Streets Cold Mill 5 15-20 Crack-filling Kettle 5 7-10 Forklift 3 15-20 Heavy Trucks 5 12-15 ¾ Ton Truck 3 10-12 1-2 Ton Trucks 3 10-12 Loader Mounted Blower 5 12-15 Loaders 5 12–15 Motor Grader 4 20-30 Patch Trailer 5 7-10 Skid Steer Loaders 5 12 Sweepers 5 10 Tandem Axle Trailer 1 20-25 Single Axle Trailer 1 20-25 Streets Vac Trailer 3 15-20 Pavement Cutters 3 7-10 Tractor 3 15-20 Arena Ice Resurface 3 10 Cable/Admin Cars 1 Use Repurposed WWTP ¾ Ton Truck 2 10-12 1 Ton Truck 3 10-12 Jet Truck 5 17-20 Tractor 3 15-20 Tool cat 2 12 Golf Cart 1 15-20 Toro Workman 1 15-20 Police Police Investigation/Admin 2 7 Police Squad Cars 5 5 ATV/UTV 1 20 SWAT Van 1 15-20 CSO Trucks 2 8 MRAP Special OPS Truck 1 25 Bldg Main 1 Ton Truck 3 10-12 1 Ton Utility 3 10-12 UTV 3 Use Repurposed Genie Lift 3 15 GS Man Lift 2 12-15 JLG Triple , L Trailer 1 20-25 Code Compliance Building Safety Vehicles 1 12-15 Fire Engine 3 25 Tender 3 25 ATV/UTV 1 20 Light Duty Trailer (UTV) 1 30 Fire Prevention Trailer (Escape) 1 30 Live Burn Trailer 1 30 Page 64 of 99 4 | P ag e Fire Incident Support Trailer 1 30 Vent Prop Trailer 1 30 Ladder 3 25 Rescue Units 3 25 Command Vehicles 3 10 Fire Prevention/Support Truck 2 25 Grass Rigs 1 20 Procedures All vehicle purchases, replacements, and reassignments must be coordinated with the Public Works Supervisor to ensure proper tracking, budgeting, and operational alignment. a. The Public Works Supervisor and Department Directors/Division Managers will meet annually each June to review the Capital Improvement Plan for accuracy and note changes. b. Standard color options for all passenger vehicles Shall be white, blue or black for ease of repurposing and resale unless approved by the City Administrator. c. New vehicle additions to the fleet will be budgeted for in the respective department budget for the purchase year and added to the Capital Replacement Schedule • New vehicle addition replacement values are amortized over the expected vehicle service cycle. • The appropriate amortized vehicle replacement chargeback added to the respective budget. d. Vehicles meeting their service cycle may be repurposed by another department/division with a differing service need. • Repurposed vehicles assigned for the replacement of a previously assigned repurposed vehicle shall not be placed on an amortization schedule. • Repurposed vehicles requested for initial assignment shall incur an amortization schedule of no more than three years to account for the decrease in auction/resale value to the Equipment Replacement Fund. Page 65 of 99 5 | P ag e e. The Finance Division will coordinate all additions and revisions to the 10-year vehicle and equipment replacement plan with the Public Works Supervisor as part of the Capital Improvement planning process. The Public Works Supervisor will accumulate all requests and submit the 10-year vehicle and equipment replacement schedule, list of additions and revisions, and any other suggestions to the Finance Division. The City Administrator will have final approval to all vehicle and equipment purchases and recommendation to the City Council for approval. f. Repurposed assets will be maintained for a minimum of four (4) years before they are scheduled for replacement with another repurposed asset. g. Asset reconditioning will be utilized where available. h. State contracts will be the standard method for asset purchases; other procurement options may also be considered. Page 66 of 99 6 | P ag e Vehicle Evaluation Form Dept: Emergency Equipment? Y/N Date: Vehicle #: Miles/Hrs.: Year: Make: Model: Current Score Projected Score Future – Other Dept. or Auction? Age Usage Type of Service Condition Repair Costs Total Repair Costs: $ Purchase Price: $ Specialties (decals, computers, accessories, etc.) $ Projected Mileage: Reliability: Very Good Good Fair Dispose/Flag File Evaluated by: Point Ranges: Under 21 points Condition I Very Good 21 – 25 points Condition II Good 25 – 30 points Condition III Fair 31 points and up Condition IV Disposal Page 67 of 99 7 | P ag e Vehicle Evaluation Form Explained The Vehicle Replacement Chart serves as a guide for when a vehicle/equipment is due for replacement. Fleet Services will complete the evaluation based on criteria for replacement of vehicles/equipment and will present it to the Public Works Supervisor and Public Works Director prior to final replacement/disposition. The evaluation is based on the following criteria: • Age One point for each year of chronological age, based on in-service date. • Usage Odometer- based vehicles=one point per 10,000 miles Odometer- based small equipment=one point per 500 miles Hour meter-based- small equipment=one point per 325 hours Hour meter- based large truck/equipment=one point per 750 hours • Type of service Score 1-5 points based on the type/level of service the vehicle/equipment receives, i.e. (1) for administrative vehicles or light use, (3) for medium use, and (5) for patrol car or heavy use • Condition This score scale from 1-5 is based on the inspection of the body, underbody and structural members, rust, interior, condition, a review of accident and repair history, any operational problems and anticipated major repairs within the next budget year. A score of (5) would be in very poor condition with high expectations for major future expenses. • Repair costs Score 1-5 based on the total life-to-date (LTD) repair costs (excluding “non-normal“ repairs) and the original purchase price of the vehicle/equipment. A (5) is scored for a vehicle/equipment whose LTD repair costs exceed the original purchase price. A score of (1) signifies LTD repair costs are 20% or less of the original purchase price: (2) for 40%, 3 for 60%, (4) for 80%. • Reliability: The vehicle or equipment will be based on unscheduled repairs and will be factored independently based on the fleet maintenance records. Point Ranges: Under 21 Points Condition I Excellent 21 to 25 Points Condition II Good 26 to 30 Points Condition III Qualifies for Replacement 31 points and above Condition IV Needs Immediate Consideration Adopted by: On (date) Item # Updated Aug/SEP 2025 Page 68 of 99 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 January 5, 2026 Prepared By Jolene Richter, Deputy Clerk Item Description On-Sale 3.2 Liquor License and Wine License: Pickle Paradise LLC Reviewed by Cal Portner Jolene Richter Action Requested Approve, by motion, an On-Sale 3.2% License with strong beer permission and a Wine License to Pickle Paradise LLC. License valid through June 30, 2026. Background/Discussion Pickle Paradise LLC requests an On-Sale 3.2% License with strong beer permission and a Wine License for their new location at 590 Freeport Street NW. Financial Impact N/A Mission/Policy/Goal Elk River Mission Attachments None Page 69 of 99 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 January 5, 2026 Prepared By Justin Femrite, Public Works Director/Chief Engineer Item Description Agreement 26-01 Meadowwoods Village Sewer Acquisition Reviewed by Justin Femrite Joseph Hale Cal Portner Jolene Richter Action Requested Approve, by motion, the Assignment and Assumption Agreement with the Meadowwoods Village Homeowners Association (HOA) and Natural System Utilities (NSU) and payment of $220,000 for the purchase of the existing private system. Background/Discussion Consistent with previous approvals relating to the connection of the Meadowwoods Village development to the city-owned collection and treatment system, we have progressed with construction to the point of making the final connection to the city system. As detailed in Resolution 25-28 approved by the Council on June 16, 2025, costs for the existing system from NSU have been included in the proposed and agreed-upon assessment amounts that will be levied on the benefiting property owners. This item includes the approval of documents and payment to complete the transaction. The city attorney has worked with legal counsel from NSU and the HOA on the attached Assignment and Assumption Agreement and recommends approval as a necessary step in the transaction. Financial Impact As the agreement details, the approval of this item includes the city, on behalf of the HOA, purchasing the existing private system from NSU for $220,000 (an amount that has been negotiated between NSU and the HOA). Mission/Policy/Goal Work with citizens to achieve goals Attachments 1. Assignment of APA (Execution Version)(10645034.2) Page 70 of 99 Page 71 of 99 ASSIGNMENT AND ASSUMPTION OF ASSET PURCHASE AGREEMENT This Assignment and Assumption of Asset Purchase Agreement (this “Assignment”) is made as of the ____ day of January, 2026 (the “Effective Date”), by and between MEADOWWOODS VILLAGE HOMEOWNERS ASSOCIATION, a Minnesota non-profit corporation (“Assignor”) and THE CITY OF ELK RIVER, MINNESOTA, a Minnesota municipal corporation (“Assignee”). RECITALS WHEREAS, Assignor and NSU IM MN, LLC, a Delaware limited liability company (“Seller”), have entered into that certain Asset Purchase Agreement effective as of January ___, 2026 by and between Assignor and Seller (the “Agreement”), relating to that certain wastewater treatment system located in Elk River, Minnesota, as more particularly set forth on Schedule 1 of the Agreement (the “Property”); WHEREAS, Assignor may assign its rights, title and obligations to Assignee under the Agreement pursuant to Section 9.6 of the Agreement; and WHEREAS, Assignor desires to assign its right, title and interest in and to all of its obligations under the Agreement to Assignee, and Assignee desires to accept the assignment and assume all of Assignor’s obligations under the Agreement from and after the Effective Date. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignee and Assignor do hereby agree as follows: 1. Assignment. Assignor hereby assigns to Assignee all of Assignor’s right, title and interest in and to, and all of Assignor’s obligations under, the Agreement. 2. Acceptance and Assumption. Assignee hereby accepts the assignment made and hereby assumes all of Assignor’s obligations under the Agreement in accordance with the terms thereof. Nothing contained herein shall be deemed to release or relieve Assignor of any obligation or liability arising under the terms of the Agreement, it being the intention of the parties that Assignor and Assignee shall remain jointly and severally liable for the obligations and liabilities of the “Purchaser” under the Agreement. 3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. Facsimile or electronic image (e.g., pdf, docusign, and similar) of a signature shall be as binding as an original signature. [This space intentionally left blank; signature page follows] Page 72 of 99 [Signature Page to Assignment and Assumption of Asset Purchase Agreement] IN WITNESS WHEREOF, Assignee and Assignor have executed this Assignment as of the date first written above. ASSIGNOR: MEADOWWOODS VILLAGE HOMEOWNERS ASSOCIATION, a Minnesota non-profit corporation By: Name: Title: ASSIGNEE: THE CITY OF ELK RIVER, MINNESOTA a Minnesota municipal corporation By: Name: Title: Page 73 of 99 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 4.12 Meeting Date January 5, 2026 Prepared By Joseph Hale, Environmental Services and Projects Specialist Item Description 2026 Solid Waste Collection License Renewal Reviewed by Joseph Hale Cal Portner Jolene Richter Action Requested Approve, by motion, the 2026 Solid Waste Collection Licenses as submitted. Background/Discussion Minnesota Statute 115A.93 requires all solid waste collectors to obtain a license from any jurisdiction in which they collect mixed solid waste. The City of Elk River issues solid waste collection licenses on an annual basis, which expire on December 31st of each year. The license fee is $80 for the first truck, plus $15 per additional truck. The city received a total of 12 completed applications for 2026. Financial Impact A total of $1,665.00 was received from application fees. Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments 1. 2026 Solid Waste Collection License Summary Page 74 of 99 2026 Solid Waste Collection License Applications Hauler Name Application Fee ACE Solid Waste $110.00 Aspen Waste Systems of Minnesota $80.00 Gary’s Trucking & More, LLC DBA Bumblebee Express Rolloff $110.00 Dem-Con Dumpsters $95.00 Jim’s Mille Lacs Disposal Inc. $170.00 Lepage & Sons, Inc. $125.00 LRS Holdings, LLC. $125.00 Randy’s Sanitation, LLC. Dba Republic Services Inc. $440.00 Steinbrecher Companies, Inc. $95.00 Veit Container Corp, dba Veit Disposal Systems $110.00 Walter’s Recycling and Refuse $80.00 Nitti Rolloff Services, Inc. $125.00 Page 75 of 99 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 4.13 Meeting Date January 5, 2026 Prepared By Joe Stremcha, Business Services Director/Assistant City Administrator Item Description Approve Subcontractor RFQ Documents Reviewed by Cal Portner Jolene Richter Action Requested Approve, by motion, soliciting qualification documentation from interested subcontractors for pre- qualification to bid on specific trade packages for the project under the Construction Manager at Risk (CM@R) delivery method for the City of Elk River. Background/Discussion The purpose of this RFQ is to establish a list of qualified subcontractors eligible to participate in subsequent Requests for Bids (RFBs) for construction trade work for the construction of Fire Station #1 and Northbound Liquor. Financial Impact None Mission/Policy/Goal Ethical, efficient, and responsible Attachments 1. Elk River Prequalification Form_Revised Draft Page 76 of 99 Terra Construction Subcontractor Request for Qualification Elk River Fire Station #1 & Northbound (Liquor Store) Page 77 of 99 REQUEST FOR QUALIFICATIONS (RFQ) FOR SUBCONTRACTOR PREQUALIFICATION Project Titles: Elk River Fire Station #1 Northbound (Liquor Store) Project Location: Elk River, Minnesota Owner: City of Elk River Architect: CNH Architects: Elk River Fire Station #1 LSE Architects: Northbound (Liquor Store) Construction Manager (CM): Terra Construction 21025 Commerce Blvd., Suite 1000 Rogers, MN 55374 RFQ Issue Date: Tuesday, January 13, 2026 RFQ Response Deadline: Tuesday, February 17, 2026 Delivery of Responses: All responses must be submitted electronically via email to Jake Dahlheimer with Terra Construction: jdahlheimer@terragc.com Page 78 of 99 INTRODUCTION Terra Construction is soliciting qualifications from interested subcontractors for prequalification to bid on specific trade packages for the project under the Construction Manager at Risk (CM@R) delivery method for the City of Elk River. This RFQ is issued by Terra Construction, who has been retained by the City of Elk River as the Construction Manager (CM). The purpose of this RFQ is to establish a list of qualified subcontractors eligible to participate in subsequent Requests for Bids (RFBs) for construction trade work for each project. PROJECT DESCRIPTIONS General Overview – Fire Station #1 • Project Type: New Ground-Up Construction • Project Description: 35,500 square foot fire station • Estimated Construction Budget: $20M - $22M • Anticipated Construction Start: Spring 2027 (Bidding to occur fall 2026) • Anticipated Substantial Completion: Summer 2028 • Delivery Method: Construction Manager at Risk General Overview – Northbound (Liquor Store) Project Type: New Ground-Up Construction • Project Description: 22,400 square foot liquor store • Estimated Construction Budget: $6.5M • Anticipated Construction Start: Summer 2026 (Bidding to occur spring 2026) • Anticipated Substantial Completion: Spring/Summer 2027 • Delivery Method: Construction Manager at Risk WORK SCOPES Subcontractor work scopes are grouped by trade divisions and may be combined where appropriate without limiting participation. Each project will be bid separately. Fire Station #1 - Work Scopes include, but not necessarily limited to the following: Cast-In-Place Concrete, Precast Structural Concrete, Unit Masonry, Cast Stone Masonry, Structural Steel, Joist/Deck, Metal Fabrications, Cold-Formed Metal Framing, Carpentry, Interior Architectural Woodwork, Waterproofing, Insulation, Air Barriers, Metal Wall Panels, EIFS, Roofing, Sheet Metal Flashing & Trim, Fireproofing, Joint Sealants, Doors/Frames/Hardware, Four-Fold Doors, Sectional Doors, Entrances & Storefronts, Curtain Walls, Glazing, Drywall & Metal Framing, Tiling, Acoustical Ceilings, Resilient Flooring, Epoxy Floor Coatings, Carpeting, Painting, Markerboards, Signage, Equipment Screens, Folding Panel Partitions, Wall & Door Protection, Toilet Accessories, Fire Protection Cabinets, Flagpoles, Window Shades, Elevators, Fire Suppression, Plumbing, HVAC, Electrical, Temperature Controls, Page 79 of 99 Communications, Earthwork, Asphalt Pavement, Concrete Pavement, Fences & Gates, Retaining Wall, Landscaping, Irrigation, Site Utilities (Water, Sanitary, Storm) Northbound (Liquor Store) - Work Scopes include, but not necessarily limited to the following: Cast-In-Place Concrete, Structural Steel, Joist/Deck, Metal Fabrications, Cold-Formed Metal Framing, Carpentry, Interior Architectural Woodwork, Waterproofing, Insulation, Air Barriers, Metal Wall Panels, EIFS, Roofing, Sheet Metal Flashing & Trim, Fireproofing, Joint Sealants, Doors/Frames/Hardware, Sectional Doors, Entrances & Storefronts, Curtain Walls, Glazing, Drywall & Metal Framing, Tiling, Acoustical Ceilings, Resilient Flooring, Epoxy Floor Coatings, Carpeting, Painting, Markerboards, Signage, Equipment Screens, Wall & Door Protection, Toilet Accessories, Fire Protection Cabinets, Window Shades, Fire Suppression, Plumbing, HVAC, Electrical, Temperature Controls, Communications, Earthwork, Asphalt Pavement, Concrete Pavement, Fences & Gates, Retaining Wall, Landscaping, Irrigation, Site Utilities (Water, Sanitary, Storm) RFQ TIMELINE Milestone Date RFQ Issued 1/13/2026 Deadline for Questions 1/27/2026 Addenda Issued (if applicable) 2/3/2026 RFQ Submissions Due 2/17/2026 Evaluation Period 2/17/26 – 2/27/26 Notification of Prequalified Firms Week of March 2nd RFQ INFORMATION & DOCUMENTS The RFQ documents include: • Preliminary Plans • Sample subcontract agreement and general terms (Draft Watermark) • AIA Document A133 and A201 SELECTION CRITERIA Prequalification will be based on the following objective criteria: 1. Experience: o Firm’s experience and technical competence in similar projects. o Capacity and qualifications of key personnel. 2. Past Performance: o Previous project performance, including schedule adherence, quality, safety record (EMR, OSHA logs), and compliance with state and federal laws. Page 80 of 99 3. Capability to Perform: o Current workload and capacity to meet schedule. o Financial stability and bonding capability. 4. Availability and Familiarity: o Proximity to the project site and familiarity with regional requirements and conditions. 5. Compliance and Responsibility: o Responsible Contractor Verification and Certification of Compliance (Attachment B). Failure to submit any required form may result in disqualification. RFQ SUBMISSION REQUIREMENTS Each respondent shall submit: • Completed Attachment A - Subcontractor Qualification Questionnaire (attached) • Current letter from surety verifying bonding capacity • Certificate of Insurance • Completed Attachment B – Responsible Contractor Verification Form (attached) Submissions must be received by the deadline. EVALUATION AND PREQUALIFICATION • The CM and the Owner, in consultation with the Architect/Engineer, will evaluate all RFQ responses. • Only prequalified subcontractors will be eligible to submit bids during the upcoming Request for Bid (RFB) phase. • If less than three qualified subcontractors are identified for any work scope, the CM may elect to reissue the RFQ for that work scope. ADDITIONAL REQUIREMENTS All subcontractors must comply with: • Government Data Practices Act. • Performance and payment bond obligations. All subcontractors will be required to obtain a Performance and Payment bond. • Applicable federal, state, and local laws and codes. QUESTIONS All questions must be submitted in writing via email to: Jake Dahlheimer: jdahlheimer@terragc.com Responses to questions will be issued to all registered proposers via addendum. Page 81 of 99 DISCLAIMER The Owner and CM reserve the right to reject any or all RFQ responses, waive irregularities, or request additional information without obligation to any respondent. Prequalification does not guarantee an award of work. Attachments: • Attachment A – Subcontractor Qualification Questionnaire • Attachment B: Responsible Contractor Verification Form • Preliminary Drawings – Click Here • Sample Subcontract Agreement (Watermark) – Click Here • AIA Document A133 and A201 – Click Here Page 82 of 99 Attachment A – Subcontractor Qualification Questionnaire Section 1: General Information Company Name: _______________________________________________ Address: _____________________________________________________ City, State, ZIP: ______________________________________________ Phone: __________________________ Website: _______________________________________________ Primary Contact Person: _______________________________________ Title: ___________________________________________ Email: __________________________________________ Cell: __________________________________________ Trade Division(s) Applying For: ________________________________ Minnesota Contractor Registration Number: ______________________ Type of Firm: ☐ Corporation ☐ Partnership ☐ Sole Proprietor ☐ LLC ☐ Joint Venture Year Established: __________ Federal Tax ID Number: _______________________ Section 2: Experience and Capabilities 1. Number of Years in Business under Current Name: ____________ 2. Average Annual Volume in Revenue (last 3 years): o 2023: $_________ o 2024: $_________ o 2025: $_________ 3. Largest Single Contract Value (past 3 years): $_____________ 4. Typical Project Size Range: $____________ to $____________ 5. Geographic Area(s) of Operation: ___________________________ Page 83 of 99 Similar Project Experience List up to five (5) recent projects most similar in scope, size, and delivery method to this project: Project Name & Location GC/CM Architect Contract Value Completion Date Reference Contact & Phone Attach additional sheets as needed. Section 3: Key Personnel List personnel proposed to be assigned to this project. Name Title/Role Years with Firm Relevant Project Experience Section 4: Safety Record 1. Current Experience Modification Rate (EMR): __________ o 2023: _____ 2024: _____ 2025: _____ 2. OSHA Recordable Incident Rate (past 3 years): __________ 3. Has your firm received any OSHA citations in the last 3 years? ☐ No ☐ Yes (attach explanation) 4. Safety Program: ☐ Written Safety Program ☐ Drug Testing Policy ☐ Site Safety Orientation Program ☐ AWAIR Program Page 84 of 99 Section 5: Legal and Compliance 1. Section 8: Pass / Fail 1)Yes(If answered yes, bidder fails to meet the qualifications)No2)Yes(If answered yes, bidder fails to meet the qualifications)No3)Yes(If answered no, bidder fails to meet the qualifications)No4)Yes(If answered no, bidder fails to meet the qualifications)No5)Yes(If answered no, bidder fails to meet the qualifications)No6)Yes(If answered no, bidder fails to meet the qualifications)No7)Yes(If answered no, bidder fails to meet the qualifications)No8)Yes(If answered no, bidder fails to meet the qualifications)No9)Yes(If answered yes, bidder fails to meet the qualifications)No10)Yes(If answered yes, bidder fails to meet the qualifications)No11)Contractor has an Experience Modification Rate (EMR) less than 1.25 Yes(If answered no, bidder fails to meet the qualifications)No12)Contractor certifies that all answers above are accurate and truthful? Yes(If answered no, bidder fails to meet the qualifications)NoContractor has a written safety and health program called the A Workplace Accident and Injury Reduction (AWAIR) program?Contractor has more than three (3) serious OSHA citations in the past three years?Contractor has more than two (3) willful OSHA citations in the past three years?Contractor will provide payment and performance bonds for this project?Contractor will provide insurance coverage for the limits outlined for this project?Contractor has previously failed to complete a contract?Contractor is able to provide the necessary management, labor, material and equipment to complete this project as specified?Contractor has completed at least three (3) similar projects in the last five (5) years as described and each of these projects have a minimum square footage of 10,000 square feet.Contractor has, or anyone with a financial interest in the firm, been the subject of any criminal indictment or judgment of conviction for any business related conduct constituting a crime under state or federal law, within the past 10 years?Contractor's project manager and foreman have each been assigned to the work for at least three (3) similar projects in the last five (5) years as described.Page 86 of 99 Submissions must include the following: ☐ Attachment A – Subcontractor Qualification Questionnaire ☐ Attach a current letter from surety verifying bonding capacity. This letter shall include single limit, total aggregate limit and the amount under contract currently bonded. ☐ Attach a copy of your firm’s Certificate of Insurance. ☐ Attachment B - Responsible Contractor Verification Form Section 9: Acknowledgments and Signature The undersigned certifies that all information contained herein is true and accurate, and that submission of this questionnaire constitutes agreement to comply with all RFQ and prequalification requirements. Authorized Representative Name: ___________________________________ Title: ___________________________________ Signature: ___________________________________ Date: ___________________ Submission Instructions Submit this completed form and all attachments electronically to: Jake Dahlheimer: jdahlheimer@terragc.com by Tuesday, February 17, 2026 End of Attachment A Page 87 of 99 Attachment B – Responsible Contractor Verification of Compliance RESPONSIBLE CONTRACTOR VERIFICATION OF COMPLIANCE Minnesota Statutes, Section 16C.285, subdivision 3. Responsible Contractor, Minimum Criteria. “Responsible Contractor” means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the minimum criteria set forth below. Each contractor or subcontractor shall obtain from all subcontractors with which it will have a direct contractual relationship a signed occurs when a contractor or related entity has been issued a final administrative or licensing order;* 4. The contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;* 5. The contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification; and* 6. The contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor. *Any violations, suspensions, revocations, or sanctions, as defined in clauses 2 to 5 occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria. Certification By signing this document, I am certifying that I am 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 January 5, 2026 Prepared By Jolene Richter, Deputy Clerk Item Description City of Elk River Volunteer of the Month Reviewed by Cal Portner Jolene Richter Action Requested Mayor Dietz will recognize and present a plaque to the January 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 90 of 99 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 January 5, 2026 Prepared By Zack Carlton, Community Development Director Item Description Resolution 26-02: Easement Vacation, Allen Perkins - 13937 196th Ave NW Reviewed by Cal Portner Jolene Richter Action Requested Vacate, by Resolution 26-02, the existing drainage, utility, and roadway easements at 13937 196th Ave NW, subject to the condition that the resolution is recorded immediately preceding the recording of the plat of Perkins Acres. Background/Discussion The applicant, Allen Perkins, has petitioned the city to vacate all existing drainage, utility, and roadway easements at 13937 196th Ave NW. The property was the subject of two variances and the plat of Perkins Acres, which was approved with Resolution 25-67 on November 17, 2025. During the plat review by Sherburne County, previously unknown easements were identified. These easements conflicted with the proposed right-of-way and should be vacated before recording the plat. The vacation resolution will vacate all existing easements on the property, and the recording of the plat of Perkins Acres will immediately re-establish all required easements. Financial Impact None Mission/Policy/Goal Meet changing needs - agile Attachments 1. Location Map 2. Easement Vacation Resolution 3. Plat of Perkins Acres Page 91 of 99 Page 92 of 99 City of Elk River City Council Resolution 26-02 A Resolution of the City Council of the City of Elk River Granting a Petition to Vacate Drainage, Utility, and Roadway Easements WHEREAS, pursuant to Minnesota Statutes Section 412.851, after two (2) weeks’ published and posted notice of the hearing and after mailing written notice of the hearing at least ten (10) days before the hearing to each property owner affected by the proposed vacation, the Elk River City Council has conducted a hearing to consider the vacation of the easements legally described on the attached Exhibit “A” (“Easements”); and WHEREAS, a public hearing on said petition was held on January 5, 2026, before the City Council of the City of Elk River after published and posted notice had been given, and all persons interested were given an opportunity to be heard at the public hearing; and WHEREAS, the vacation of the Easements is appropriate as the requested areas to be vacated are no longer required, and all required easements and rights-of-way will be dedicated with the plat of Perkins Acres. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The petition to vacate the drainage, utility, and roadway easement, as described in Exhibit A, is hereby granted, based upon the following Findings of Fact: A. The Council finds the easements described in Exhibit A are no longer a benefit to the public as the plat of Perkins acres will dedicate right- of-way and easements required per city standards and previous approvals. 2. Vacation of the easements described in Exhibit A shall be effective at the time of recording of the necessary documents. Page 93 of 99 Passed and adopted this 5th day of January 2026. John J. Dietz, Mayor ATTEST: Jolene Richter, Deputy Clerk Page 94 of 99 Exhibit A Document No. 148369 Vacation Description All that part of the Utility and Public Road easement, as created and dedicated in Document Number 148369, lying over, under and across 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. Document No. 148370 Vacation Description All that part of the Utility and Public Road easement, as created and dedicated in Document Number 148370, lying over, under and across 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. Document No. 154752 Vacation Description All that part of the Utility and Public Road easement, as created and dedicated in Document Number 154752, lying over, under and across 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. Document Nos. 155647 & 157129 Vacation Description All that part of the Utility and Public Road easement, as created and dedicated in Document Number 155647 and re-recorded as Document Number 157129, lying over, under and across 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. 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96 of 99 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 January 5, 2026 Prepared By Tina Allard, City Clerk Item Description Appoint Acting Mayor Reviewed by Cal Portner Action Requested Appoint, by motion, ____ as acting mayor for 2026. Background/Discussion Per state law (412.121) the City Council is required to appoint an acting mayor. The acting mayor performs the duties of mayor during the disability or absence of the mayor, or if there is a vacancy in the office. Although all Council members are eligible for this appointment, past practice has been a rotation of Wards 4- 1-3-2, which corresponds with the election terms and allows new members to gain experience before assuming the role. Year Ward 2022 Ward 3 - Beyer 2023 Ward 2 - Westgaard 2024 Ward 4 - Wagner 2025 Ward 1 - Grupa Following past practice, Councilmember Beyer would be appointed acting mayor for 2026. Financial Impact N/A Mission/Policy/Goal Appropriately govern in an ever-changing environment. Attachments None Page 97 of 99 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 January 5, 2026 Prepared By Jolene Richter, Deputy Clerk Item Description Discuss Work Session Items Reviewed by Cal Portner Jolene Richter Action Requested Review work session items listed below and identify future work session topics. Background/Discussion Work sessions will be added to the end of regular meetings on the first and third Mondays as needed. At the first Council meeting of each month, staff will present a list of future work session topics for Council review. The proposed work session topics are as follows: ▪ Fire Station 1 Facility Funding (after legislative session) ▪ Public Safety Grant Expenditure update ▪ Review of zoning north of 197th Ave and the gravel mining area following Highway 169 construction ▪ Update of traffic light timing along Highway 169 ▪ Joint meeting with Sherburne County ▪ Data Centers ▪ Universal Changing Tables Financial Impact N/A Mission/Policy/Goal Responsibly grow, meet changing needs (agile), and ethical, efficient, and responsible. Attachments None Page 98 of 99 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 9.1 Meeting Date January 5, 2026 Prepared By Jolene Richter, Deputy Clerk Item Description Council Liaison Updates Reviewed by Cal Portner Jolene Richter Action Requested Councilmembers to provide liaison updates. Background/Discussion The Mayor and Councilmembers serve as liaisons to multiple committees and commissions. The first meeting of the month provides an opportunity for the Council to provide updates on the work of those committees and commissions. ▪ Community Event Center Commission – CM Beyer ▪ Heritage Preservation Commission – CM Calva ▪ Parks and Recreation Commission – CM Grupa ▪ Planning Commission – CM Wagner ▪ Housing and Redevelopment Authority - Mayor Dietz ▪ Utilities Commission – Mayor Dietz ▪ Region 7W – Mayor Dietz Other Committees, Commissions, etc. Financial Impact None Mission/Policy/Goal Elk River Mission Attachments None Page 99 of 99