10-21-2019 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 21, 2019
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate
Ovall, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: Community Operations and Development Director Suzanne Fischer,
City Attorney Peter Beck, Fire Chief Mark Dickinson, Planning
Manager Zach Carlton, Code Enforcement Officer Dave Hetrick,
Accounting Clerk Mechell Turok, Deputy Fire Chief and Deputy
Director of Emergency Management Aaron Surratt, Senior Planner
Chris Leeseberg, Police Chief Ron Nierenhausen, Parks and
Recreation Director Michael Hecker, and Records Specialist Katie
Porath
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:06 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 Ovall
to approve the agenda. Motion carried 5-0. Westgaard, Ovall
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember
Wagner to approve:
4.1 October 7, 2019, Regular Minutes
4.2 Check register, check numbers 112184-112373 as outlined in the staff
report
4.3 Pay estimates
4.4 Resolution 19-50 acknowledging contribution from Flag Runners
4.5 Hire Accounting Clerk
4.6 Hire Accountant
4.7 Agreement 2019-22 Spectrum School for Outdoor Ice Rinks
4.8 2020 Flexible Benefits Plan — Insurance renewal
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October 21, 2019
Motion carried 5-0.
S. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz presented the October Volunteer of the Month award to Ray Ott. He
highlighted the following:
• Has donated over 1,000 hours of volunteer time to CAER
• Involved with food rescue and outreach at CAER
■ Works with special events and fundraisers for CAER
■ Assists with clients and welcomes new volunteers at CAER
• Works with family homelessness program at Great River Family Promise
6.2 Retirement Recognitions
• Dave Hetrick
• Mechell Turok
Staff and Council recognized Dave (16 years) and Mechell (13 years) for their service
to the community.
6.3 Promotion of three firefighters
Fire Chief Dickinson presented the staff report.
Mayor Dietz administered the oath of office to Joe Evenson, Joe Libor Sr., and Mark
Lees.
7.1 Conditional Use Permit: Private Kennel at 617 Gates Avenue, Marvin
Ziner
Mr. Leeseberg presented the staff report.
Councilmember Christianson asked about the timeline of completing code
enforcement changes on the property.
Mr. Carlton said the applicant stated they could not be completed until May 2020 but
the city was moving forward on further code enforcement.
Mayor Dietz opened the public hearing.
Dennis Heath, 520 7a` St NW, Rachael Whiteoak, 627 Gates Ave NW, Carol
Heath, 520 Vb St NW, expressed concern regarding the current condition of the
property and voiced opposition to granting the kennel license.
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Mayor Dietz closed the public hearing.
Councilmember Wagner confirmed the applicant already owns more than the
allowable number of animals.
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Mr. Leeseberg confirmed the CUP process was intended to bring the property into
compliance.
Council stated this property has been a problem for a number of years and needs to
be cleaned up.
Staff will prepare finding of fact to deny the CUP including too many animal units
on the property as well as code enforcement violations.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to direct staff to prepare a finding of fact denying the
Conditional Use Permit as the seven standards required for approval are not
satisfied. Motion carried 5-0.
7.2 Conditional Use Permit: Auto Repair Business — Auto-Rec Bodyworks
Inc., 21475 US Highway 169
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to the issue,
Mayor Dietz closed the public hearing.
Council discussed modifying condition number 2 to require moving the residential
building from the property no later than 24 months from October 21, 2019.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve a Conditional Use Permit with the following conditions to satisfy
the standards set forth in Section 30-654:
1. The approved Conditional Use Permit (CU 16-09) will become void.
2. The 1,500 square foot office/house structure shall be removed by October
21, 2021.
3. The building shall meet all building and fire codes.
4. The building shall be inspected by the city's Building Official and Fire
Marshal to verify compliance with all building and fire codes and all
identified violations must be addressed prior to issuance of any new
building permits for the property.
5. All septic systems must provide a certificate of compliance or notice of
noncompliance, for the existing septic system, and must be signed by a
licensed inspection business or by a qualified employee certified as an
inspector who is authorized by the local unit of government. The
certificate of compliance or notice of noncompliance must be submitted to
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the local unit of government no later than 15 days after any complance
inspection.
6. All vehicles stored on the premises shall be stored within an area which is
screened by a 6 (six) foot high 100% opaque fence.
7. There shall be no repair or maintenance of vehicles outside of the
building.
8. Car, truck, RV, and marine sales shall not be allowed.
Motion carried 5-0.
7.3 Acuity Group Townhome Development
A. Zone Change from Business Park (BP) to Planned Unit
Development (PUD)
B. Conditional Use Permit
C. Easement Vacation
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to the issue,
Mayor Dietz closed the public hearing.
Council discussed the difficulty of getting to the property if MnDOT closes access to
Line Ave NW and Main St NW during construction of Highway 169. They also
asked about pedestrian access on 183`a Cir NW.
Councilmember Westgaard asked if the new proposal would allow for adequate
drainage.
Drainage needs have been confirmed with city staff.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve Ordinance 19-18 a zone change ordinance from Business Park to
Planned Unit Development, with the following condition:
1. A PUD Agreement must be approved by the City Council prior to
recording the Zone Change.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember Ovall
to approve a Conditional Use Permit, Case No. 19-13, establishing a
residential Planned Unit Development, with the following conditions:
1. A PUD Agreement shall be developed and signed by both parties prior to
issuance of a building permit.
2. A grading permit from Sherburne County is required for work adjacent the
CSAR 12.
3. Submit plan profile sheets and connection details for sewer and water
system additions.
4. A city rental license is required for all units operated as a rental unit.
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October 21, 2019
5. Complete a tree inventory with the applicant to verify landscaping
requirements have been met.
Motion carried 5-0.
Moved by Councilmember Christianson and seconded by Councilmember
Ovall to adopt Resolution 19-51 vacating a portion of the drainage and utility
easement on the property. Motion carried 5-0.
8.1 Rental License Revocation: 1772 Tipton Circle NW
Ms. Fischer presented the staff report.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to adopt Resolution 19-52 revoking rental license at 1772 Tipton
Circle NW, Elk River, for Patricia Rasmusson. Motion carried 5-0.
Council recessed at 6:57 p.m. to go into work session. Council reconvened at 7:02 p.m.
9.1 Concept Review: Planned Unit Development for 41 Single -Family Lots
Mr. Leeseberg presented the staff report.
Mayor Dietz asked about the size of the proposed development.
Mr. Leeseberg confirmed it was 24 acres and they were looking at half of it. City
sewer and water would extend to the campground and be available should they want
to open in the future.
Councilmember Wagner confirmed R1B regulated 80 -foot lot widths.
Mayor Dietz asked what the reason was to not follow this regulation.
John Peterson was at the meeting representing the developer. He stated the trend is
for smaller single family lots.
Councilmember Ovall is apprehensive about that density of housing on a cul-de-sac
street.
Councilmember Wagner agreed street parking could be an issue.
Councilmember Westgaard added that other things to consider are whether the small
lots would allow for two cars to park and whether the streets are wide enough for
cars to park on both sides. He doesn't see a reason not to stay consistent with the
P other developments in the area.
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Mayor Dietz asked if the city stuck with the R1B standards how many lots could fit
on this piece.
Mr. Leeseberg estimated 27 lots might fit.
City Attorney Beck stated it could be required to make the connection of the right of
way road which is part of the Gateway Church property.
The Council determined the property should remain zoned at R1B.
Mr. Peterson asked the council if they would be willing to consider 65 -foot lot
widths.
The Council stated they would evaluate a new drawing with the 65 -foot lot widths.
9.2 Multipurpose Facility Advertising and Naming Rights Consultant
Mr. Hecker presented the staff report.
The Council was curious how much money could potentially be obtained from
naming rights. They questioned whether it was too late in the construction process
to address this.
Mr. Hecker was advised it was not too late to look into naming rights.
Councilmember Wagner felt there were many opportunities to have revenue coming
in to the facility and the public expects the city to find ways to help with the cost.
Mr. Hecker agreed but said none of the Parks and Recreation staff had the expertise
or the capacity to look into obtaining naming rights funding.
Council wished to know an approximate cost for a consultant. They felt a
professional may have a better chance of getting more money in advertising and
assumed local businesses would be approached first.
Councilmember Westgaard asked if the two ball fields being constructed at Lion
John Weicht Park would be included in a proposal.
Council felt the money to pay for a consultant could come from the arena fund
balance. They agreed there should be some expectation that the person hired as a
consultant would guarantee a certain return on investment.
Council requested creating an RFP and including advertising for the fields at Lion
John Weicht Park as a line item.
10. Adjournment
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City Council Minutes
October 21, 2019
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:35 p.m.
Minutes prepared by Katie Porath.
Tina Allard, City Clerk
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