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4.1. DRAFT MINUTES (1 SET) 06-03-2019 VA City of Elk Meeting of the Elk River City Council River Held at the Elk River City Hall Monday, May 20, 2019 Members Present: Mayor John Dietz, Councilmembers Garrett Christianson,Nate Ovall, and Matt Westgaard Members Absent: Councilmember Jennifer Wagner Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, City Attrney Peter Beck, and City Clerk Tina Allard I. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:02 p.m. by Mayor Dietz. AK 2. Pledge of Allegiance Pledge of Allegiance was recite_ 3. Consider Agenda Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve the agenda. Motion carried 4-0. 4. Consent Agenda Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve the following consent agenda: 4.1 April 23, 2019, and May 6, 2019, Minutes 4.2 Check register; check numbers 110407- 110573 as outlined in the staff report. 4.3 Technology Enhanced Traffic Control Policy as outlined in the staff report. 4.4 Ordinance 19-10 amending Chapter 2-112, Hiring Authority and Procedures of the City of Elk River, Minnesota, City Code. 4.5 Interim pay for Lead Liquor Clerk Brenda Gustafson effective April 11, 2019, as outlined in the staff report Motion carried 4-0. S. Open Forum No one appeared for Open Forum. City Council Minutes Page 2 May 20,2019 ----------------------------- 6.1 Proclamation: Elk River High School ProStart Championship Day Mayor Dietz read and presented a proclamation to the Elk River High School ProStart team. Monique Sabby discussed the program and thanked Council for their support. Moved by Councilmember Westgaard and seconded by Councilmember Ovall to proclaim May 21, 2019, as Elk River High School ProStart Championship Day in Elk River, Minnesota. Motion carried 4-0. 6.2 City of Elk River Volunteer of the Month Mayor Dietz presented the May Volunteer of the Month award to John Kuester posthumously and Louise Kuester,his spouse, accepted the award on his behalf. Mayor Dietz highlighted the following: ■ Board member and Chair of Sherburne County Historical Society ■ MN representative on National Trust for Historical Preservation ■ Started the MN Barns organization ■ Member of Elk River Parks and Recreation Commission ■ Member of ISD 728 School Board ■ Participated in facilitation of Woodland Trails Regional Park ■ Original board member MN Initiative Foundation ■ Original member Friends of the Kelly Farm 7.1 Jorgenson Homes, Inc. a. Preliminary Plat of Lawatsch Farms b. Final Plat of Lawatsch Farms Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing for both of these items. Leonore Person, 13726 189th Avenue, expressed concerns with the area roads. She believes the roads won't support heavy equipment, snow storage, and are too narrow for vehicles to pass each other. She further expressed issues with construction vehicles blocking the road, drainage and an artesian well in the area. Jeff Jorgenson, President,Jorgenson Homes stated the barn will be demolished as it is in city right-of-way. He stated drainage and infiltration has been reviewed by the city engineer and he is working with Sherburne County on Ditch 28. He stated consideration of the neighbors and the current look of the neighborhood were taken into consideration when platting the area. UREJ City Council Minutes Page 3 May 20,2019 ----------------------------- Deneane Erickson, 19011 Pascal Street expressed traffic and accessibility concerns. She stated the new development will affect enjoyment of her property. She expressed concern for the destruction of the barn and trees. She stated she would like to see the land preserved. Mayor Dietz closed the public hearing. Mayor Dietz stated he would like to see a report from the city engineer regarding the conditions of the roads in the area. Councilmember Westgaard stated when the area roads are due for scheduled work in the future they will be built to city standards. He further stated the property owner meets the zoning standards and can't prohibit them from developing their land because neighbors enjoy viewing the woods. AN Moved by Councilmember Westgaard and seconded by Councilmember Christianson to approve Preliminary Plat P 19-03 for Lawatsch Farms. Motion carried 4-0. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 19-13 approFinal Plat P 19-06 for Lawatsch Farms. Motion carried 4-0. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to adopt Resolution 19-14 declaring certain property as dedicated right-of-way and open to the public. Motion carried 4-0. 7.2 Simple Plat: Mark and Lori Amborn, 13432 Meadowvale Road Mr. Leeseberg presented the staff report. here was no one to speak to this item. o"ved by Councilmember Westgaard and seconded by Councilmember Christianson to continue the public hearing to June 3, 2019, Council meeting. Motion carried 4-0. 7.3 Ordinance Amendment: City of Elk River for Home Occupations Mr. Leeseberg presented the staff report. Attorney Beck noted it would be difficult for the city to communicate a decision without a permit. He stated other uses in the city are allowed without a permit, signs under four square feet, and enforcement actions are taken when the standards are violated. NATURE] City Council Minutes Page 4 May 20,2019 ----------------------------- Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Ovall stated the planning commission was divided on how to handle home occupations. He stated this ordinance respects the rights of the land owner and would be complaint driven. He stated it will be interesting to see if more conditional use permits occur as a result of the changes. Moved by Councilmember Christianson and seconded by Councilmember Ovall to adopt Ordinance 19-11 amending Chapter 30-801, home occupations of the City of El River, Minnesota, City Code. Motion carried 4-0. 8.1 Concept Review: Planned Unit Development Amendment at Elk Ridge Center to Allow an Apartment Building Mr. Carlton presented the staff report. Andrew Hughes,Director of AcquisitAn�AfidDev*NehopmenNCoonBond Communities discussed the proposed project as outlined in his presentation. Council questioned the Maxfield Study and where the city is at with low rent housing. Mr. Carlton stated there is still a need for 77 units and this project would add 60 units. Council noted the foRo : Y ■ This property has been difficult to market over many years. ■ It would be difficult to hold the current property owner hostage for four years to wait for the 169 Redefine project. ■ Property doesn't have highway visibility and not desirable for other retail opportunities. ;r' Due to the location,there would be signage issues for the retail market. ■ Project would be a good fit for a transition between residential and commercial districts. ■ CommonBond would be expected to meet the design standards as was required by the other businesses in this development. Attorney Beck stated this property must comply with the design standards outlined in city code. He noted the resolution supports CommonBond's application to the State but doesn't bind the Council to approving the project in the future. He stated a Comprehensive Plan amendment will be required and four votes of the Council would be required. Moved by Councilmember Westgaard and seconded by Councilmember Christianson to adopt Resolution 19-15 supporting the tax credit application for proposed CommonBond Multiple Family Housing Project and P 0 W I R I D D Y otm§A UREJ City Council Minutes Page 5 May 20,2019 ----------------------------- recognizing that the Project would help meet identified housing needs. Motion carried 4-0. 9.1 Concept Review: Mulvaney Point Townhomes, Acuity Group Mr. Carlton presented the staff report. Council consensus was there was not an issue with the project. Council would like staff to let the applicant know that 183Td Avenue may be extended east to Twin Lakes Road. T21 Tobacco age to 21) 4000 Mr. Portner stated Council may get information from Sherburne County`'about T21 as they have been discussing changing the tobacco age to 21 for unincorporated areas. 10. Adjournment There being no further business,Mayor Dietz adjourned the meeting of the Elk River City Council at 7:05 p.m. Minutes prepared by John J.Dietz"Ma r Tina Allard, City Clerk UREJ