05-20-2019 CCMCityf
Eik 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.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
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 Bams 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.
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City Council Minutes
May 20, 2019
Page 3
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.
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 approving Final 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.
There was no one to speak to this item.
Moved 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.
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City Council Minutes
May 20, 2019
Page 4
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 Acquisition and Development for CommonBond
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 following:
■ 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.
■ 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
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 183`d Avenue may be extended
east to Twin Lakes Road.
T21 (Tobacco age to 21)
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 Tina Allard
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Tina Allard, City Clerk
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