4.1. DRAFT PC MINUTE 12-18-2018
Meeting of the
Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, November 27, 2018
Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, Robert
Rydberg, Alexander Feinstein, Brad Thiel, and Mike Nicholas
Members Absent: Commissioner John Jordan
Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and
Sr. Administrative Assistant/Recording Secretary Jennifer Green
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 6:35 p.m. by Chair Johnson.
2. Consider November 27, 2018, Planning Commission Agenda
Moved by Commissioner Larson-Vito and seconded by Commissioner
Feinstein to approve the November 27, 2018, Planning Commission agenda.
Motion carried 6-0.
3. Consider October 23, 2018, Planning Commission Minutes
Moved by Commissioner Feinstein and seconded by Commissioner Nicholas
to approve the October 23, 2018, Planning Commission minutes.
Motion carried 6-0.
4.1. John Anderson – 10215 Twin Lakes Rd. NW
Conditional Use Permit to operate an electrical contracting company, Case
No. CU 18-18
Mr. Leeseberg presented the staff report.
Chair Johnson opened the public hearing.
John Anderson, 10215 Twin Lakes Rd. NW, the applicant, explained that his
request to locate the parking on the east side was to prevent cars parking close to the
house and near an existing well. He stated he was comfortable with the other
conditions and understood if the parking condition was imposed.
There being no one present to speak, Chair Johnson closed the public hearing.
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The Planning Commission discussed Condition #1 and modified it to read
“employee parking shall either be on the north or west side of the pole building,”
staff recommended a fence if the parking is located on the east side. Fencing shall be
the same as is required for outdoor storage.
Moved by Commissioner Larson-Vito and seconded by Commissioner
Nicholas to recommend approval of the request by
Motion carried 6-0.
4.2. D.R. Horton, Inc. – 18970 Edison St. NW
Interim Use Permit to allow for a temporary 4-space parking lot adjacent to
a future model home, Case No. IU 18-01
Mr. Carlton presented the staff report.
Chair Johnson asked if this type of request was similar to other developments in the
city.
Mr. Carlton stated he wasn’t aware of anything similar in Elk River but in
surrounding communities it was common.
Chair Johnson opened the public hearing. There being no one to speak, Chair
Johnson closed the public hearing.
Moved by Commissioner Rydberg and seconded by Commissioner Thiel to
recommend approval of the request by D.R. Horton, Inc. for an Interim Use
Permit to construct a temporary parking lot in support of the adjacent model
home with the following conditions:
1. The IUP will expire on December 17, 2021.
2. The parking area must be removed and vegetation re-established prior
to expiration of the IUP.
3. Upon removal of the parking area the base materials must be removed
and the soils must be de-compacted in order to maintain compliance
with approved stormwater plans.
Motion carried 6-0.
4.3 ResCare Minnesota – 633 Upland Avenue NW
Conditional Use Permit to operate an Institutional Use, Case No. CU 18-19
Mr. Carlton presented the staff report.
Chair Johnson asked if there were any other uses currently taking place in the
building.
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Mr. Carlton stated there was an office use and a church operating out of the building,
and those uses would cease if this use is approved.
Chair Johnson opened the public hearing.
Patrick Kelly, 2350 Wycliff Street, St. Paul, attorney from Kelly & Lemmons, P.A.,
representing the applicant. He complimented staff with their assistance in this
process. He stated ResCare has no concerns with condition two regarding
SAC/WAC charges. Regarding condition three, he explained ResCare’s Robbinsdale
location also experienced concerns with smoking and explained they worked with
city staff to establish criteria for smoking. He went on to explain the role of ResCare
was transitional care for patients to return to the community, noting the patients had
already received hospital treatment and were transitioning back to independent
living. In response to the police department’s concerns regarding the proposed
location in a residential area, he explained many of the other ResCare facilities are
located in residential areas. He said their staff are trained first responders and
equipped to handle any emergency situation. He noted staff can request no lights and
sirens from emergency responders should they be called to their facility. He stated
it’s a rare occasion that their patients require emergency response. In his opinion
ResCare does good work to assist patients in transitioning back into independent
living.
Commissioner Rydberg asked the applicant about the conditions being proposed and
how many code 3 responses their other locations receive.
Thomas Alf, 4440 Beard Ave. N., Robbinsdale, represents ResCare - Minnesota and
stated he had no objections to the Planning Commission’s proposed conditions. He
stated some locations can go months without calling for police assistance or EMS
care. He explained how clients are monitored and constantly evaluated for concerns
that may need to be addressed in a hospital setting.
Chair Johnson asked about the realm of conditions that their patients are being
treated for, and asked if residents can come and go as they please or if they are
required to remain at the facility full time.
Mr. Alf explained the variety of emotional conditions and psychiatric disorders their
patients experience regarding their thoughts, which may include suicidal or confused
thinking, preventing them from functioning in the community in a positive way. He
stated some patients are recluse and find themselves unable to take care for
themselves in their own homes without receiving the assistance of care that ResCare
provides called Intensive Residential Treatment Services (IRTS). He stated the
patient’s goal is to regain skills and receive support to return to independent living.
He stated patients can come and go as they please from the facility but typically stay
on site because of the lack of public transportation services such as buses. ResCare
will have a van available for any required transportation. They will also have visiting
hours.
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Mr. Carlton indicated he had heard from a few property owners in the neighborhood
who expressed concerns with safety and risk to the neighborhood.
Mr. Alf responded that he’s worked for 30+ years in mainly residential settings and
never really had any incidences with community safety being threatened. He said
patients are more vulnerable from members of the public and is not aware of
patients that have assaulted or harmed the general public.
Tammy Jorgenson Owens, 1790 Tipton Circle NW, stated her concerns are for the
safety of her child and other children in the neighborhood playing outside as she
lives just down the street from this proposed facility. She stated she was opposed to
ResCare operating in her neighborhood.
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Chris Jacobson, 4720 30 Avenue So., Minneapolis, works for CBRE as a
healthcare real estate advisor and indicated this proposed site is fantastic for this type
and level of care and treatment of these vulnerable patients who have already
received hospitalized treatment and are transitioning back to independent living. Mr.
Jacobson stated there’s already a need for mental health treatment in this area. He
explained the remodeling that will be done to the building and job creation as a result
of this proposal. He stated there will be interior cameras and exterior cameras at all
three entrances monitoring the patients.
Councilmember Wagner asked the applicant why this location was attractive to
ResCare.
Mr. Jacobson explained the criteria used to review the needs for a desired location
and what condition the building is in, noting this building is built very well and can
support fire suppression as well as already zoned institutional. He stated the
community is fantastic. He stated these resources are very much in need for this type
of patient population of Sherburne County residents.
Mary Jo Cobb, 11445 Brenda Blvd., Becker, is the Director of Health and Human
Services at Sherburne County. She explained Thomas Alf asked her 3 years ago if
there was a need for an IRTS facility in Sherburne County, and she stated yes there
was. Currently they are sending county residents long distances to get this type of
service that would now be available in Elk River. She explained it doesn’t allow for
patients to get well in their home community, secure employment, and sending
someone far away to receive IRTS care is not a good option to get well. She
addressed Ms. Owens and stated that the folks that are in these facilities are better
monitored and cared for, and less likely to be harmful to others. She understands her
fears but she trusts ResCare, noting they’ve looked for a long time to find the right
location.
There being no one else to speak, Chair Johnson closed the public hearing.
Commissioner Thiel stated he felt this type of facility was a good fit for this location,
and was a needed service in the Sherburne County community. He stated what
struck him is the need for this level of care to properly transition patients into
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independent living. He noted the need to break down the myths and misconceptions
about mental illness and show that IRTS works and supports people. He stated this
facility would be a good addition to the community.
Commission Larson-Vito agreed with Commissioner Thiel, noting she lives in the
area and has two sons who bicycle in this location. She stated she too had the same
concerns regarding public safety when she initially read this application, but feels
more harm may come when people get turned away from care that they need. She’s
thought long and hard and need to take care of people.
Commissioner Feinstein stated he would support this request, noting the increase in
mental health calls experienced by law enforcement and how this type of facility
could assist in benefitting patients and the justice system.
Chair Johnson agreed, noting he had initial concerns similar to local residents
regarding safety, but the applicant explained how the facility is used and felt
Sherburne County would benefit from this facility.
Commissioner Rydberg stated the only mitigation he could provide for neighbors of
this facility is if they observe things happening that they are uncomfortable with,
ResCare would love the opportunity to hear from them to resolve any problems. He
stated he supports this type of use.
Commissioner Larson-Vito asked about future trail connections and any discussion
regarding screening.
Mr. Carlton indicated there were no discussions or requirements regarding screening
the property from any futures trail.
Moved by Commissioner Thiel and seconded by Commissioner Feinstein to
approve the request by ResCare Minnesota for a Conditional Use Permit
(CUP) to operate an Institutional Use at 633 Upland Avenue, with the
following conditions:
1. A copy of the Intensive Residential Treatment Services (IRTS) License
from the State of MN must be submitted to the city.
2. The SAC/WAC Units will be reassessed in order to decide if an
additional WAC Fee will need to be paid based on the change in use.
3. Smoking shall not be allowed in the building, and a designated
smoking area outside of the building must be identified on the site
plans.
Motion carried 6-0.
4.4 River Walk – 17354 Zane St. NW ~ continued from October 23, 2018
Zone Change – from FAST to PUD, Case No. ZC 18-05
Conditional Use Permit to Establish a PUD, Case No. CU 18-15
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Mr. Carlton presented the staff report and requested these items be continued to the
December 18, 2018, Planning Commission meeting.
Chair Johnson stated the public hearing was already opened and asked for a motion
that it be continued to December 18, 2018.
Moved by Commissioner Larson-Vito and seconded by Commissioner
Nicholas to approve the request by Patrick Briggs and Dan Andersen to
continue the public hearing for the River Walk Zone Change ZC 18-05 and
Conditional Use Permit CU 18-15 to the December 18, 2018, Planning
Commission meeting.
Motion carried 6-0.
5. General Business
There was no general business. Mr. Carlton reminded the commissioners of the
upcoming meeting dates of December 18, 2018, and January 29, 2019.
6. City Council Liaison Update
Councilmember Wagner discussed the items presented at the last City Council
meeting. She discussed the council’s discussion of a concept review for Enerkem and
stated the Planning Commission would be involved in future discussions should this
proceed as this type of request would affect decisions and changes to the
Comprehensive Plan.
7. Adjournment
The meeting was adjourned at 7:33 p.m.
Minutes prepared by Jennifer Green.
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Tina Allard
City Clerk
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Eric Johnson
Planning Commission Chair