04-18-2022 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, April 18, 2022
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Mike
Beyer, Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Planning Manager Zack Carlton,
Senior Planner Chris Leeseberg, Public Works Director Justin
Femrite, City Attorney 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 6:36 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 5-0.
4. Consent Agenda
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve:
4.1
April 4, 2002, regular Council minutes, and April 11, 2002, Board of
Appeal minutes
4.2
Check register as outlined in the staff report.
4.3
Pay estimates as outlined in the staff report.
4.4
Commissioning services for Fire Station #3 with Alternate #1 in the
amount of $19,750.
4.5
Resolution 22-19 authorizing a transfer from the General Fund to the
Capital Reserve Fund.
4.6
Resolution 22-20 granting final plat approval for Evergreen
Townhomes, Case No. P 22-04.
4.7
Update city organizational charts and job descriptions for community
development director and environmental services /special projects
director.
4.8
Purchase two shade structures for Orono Park pickleball courts as
in the
outlined staff report.
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April 18, 2022
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4.9 Hire Joshua Mollan as an economic development intern effective April
20, 2022, as outlined in the staff report.
4.10 Resolution 22-21 approving delegation of the administration of the
Wetland Conservation Act (WCA), floodplain, shoreland, and buffer
programs to a qualified consulting firm.
4.11 Purchase of two 2023 Chevrolet Tahoe vehicles for a total of $84,000
with authorization to equip them for fire department not to exceed a
total cost of $102,268.
4.12 Joint Cooperative Agreement 22-13 with Sherburne County fire
departments
4.13 Promote Zack Carlton to Community Development Director effective
April 19, 2022, as outlined in the staff report.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz presented the April Volunteer of the Month award to Dave Williams.
He highlighted the following:
■ Current Chair of Elk River Parks and Recreation Commission and Multipurpose
Facility Advisory Commission
■ President Elk River Quarterback Club
■ Founder and Executive Director of Elk River Flag Football
■ Assistant Coach, Elk River Football
■ Member ISD 728, Facilities Usage Committee
■ Founder/Chair, Elk River Youth Sports Commission
■ Chair, Yes to Active Elk River Committee
■ Member, Comprehensive Plan Committee
■ Member, Elk River Area Design Team
■ Former coach/board member, Elk River Youth Football
6.2 Proclamation: Fair Housing Month
Mayor Dietz read the proclamation
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to proclaim April at Fair Housing Month. Motion carried 5-0.
6.3 Introduction of New Employee
Ms. Allard introduced Klara Porath, the new communications coordinator. Council
welcomed Klara to the city.
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April 18, 2022
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7.1 Interim Use Permit: Temporary Outdoor Storage and Sale of Garden
Sheds and Furniture, Steve Hickman, 9875 US Highway 10
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve Interim Use Permit, Case No. IU 22-01 with the conditions
outlined in the staff report. Motion carried 5-0.
7.2 Steve Hickman, 9875 US Highway 10
a. Zone Change: 1-3 General Industrial to C-3 Highway Commercial
b. Preliminary and Final Plat: Hickman Addition
Mr. Carlton presented the staff report. He noted the offer by the applicant of
product versus paying a park dedication fee.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Mayor Dietz asked for park dedication to be sent to the Parks and Recreation
Commission for review. He stated if approved by the commission he'd like to see an
in -kind contribution at wholesale cost.
Mr. Beck stated he will do some research to see if the city is legally allowed to accept
other forms of park dedication.
Councilmember Wagner noted this location is an aesthetic gateway and the first
thing a person sees as they drive into the city. It's a very identifiable brand and a big
opportunity for the community to have two major brands coming together in Elk
River.
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to adopt Ordinance No. 22-08 amending the zoning map to rezone
certain property from General Industrial (I-3) to Highway Commercial (C-3).
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to approve Preliminary Plat, Case No., P22-03 with the condition
outlined in the staff report. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to adopt Resolution 22-22 granting final plat approval for Hickman Addition,
Case No. P 22-03. Motion carried 5-0.
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April 18, 2022
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7.3 Lowell 10 Partners LLC, Property ID# 75-405-0190 and 75-405-0120
a. Zone Change: Downtown District to Planned Unit Development
(PUD)
b. Conditional Use Permit: Establish a PUD
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Council expressed concerns for traffic patterns and the proximity of the business to
Highway 10.
Mr. Carlton discussed the traffic study completed by the applicant.
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to adopt Ordinance No. 22-09 to rezone certain property from
Downtown District (DD) to Planned Unit Development (PUD) with the
condition the zone change will not be recorded until City Council approves a
Planned Unit Development Agreement. Motion carried 5-0.
Moved by Councilmember Beyer and seconded by Councilmember
Westgaard to approve Conditional Use Permit, Case No. CU 22-08
establishing a commercial Planned Unit Development with the conditions
outlined in the staff report. Motion carried 5-0.
7.4 Conditional Use Permit: Allow Commercial Kennel at 18753
Cleveland Street, Travis Petron of K-9 Country Club
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to approve Conditional Use Permit, Case No. CU 22-07 with the
conditions outlined in the staff report. Motion carried 5-0.
7.5 Land Use Amendment and Zone Change: Single Family Residential to
Mixed Residential Neighborhood, Daniel Kruger, PID# 75-871-0105
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
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City Council Minutes
April 18, 2022
Page 5
Michael Klopping, 18540 Troy Street, expressed concerns with the driveway near his
bedroom and the garage openings facing his property which would create an increase
in traffic and noise. He further expressed concerns with the property being all rental.
Tina Norenberg, 18746 Troy Street, stated the family does not want to see a multi-
family unit at the end of their private drive. She stated they pay for and maintain the
drive which is private.
Mayor Dietz asked for clarification about the drive/road.
Mr. Leeseberg stated it is not a city street and discussed easement, road width
requirements, paving, and responsibilities. He stated the portion along the subject
parcel would be maintained as a private drive with an easement to the properties
north of the subject parcel.
Mr. Norenberg, 18746 stated it's a private road and they try to discourage use.
Mr. Beck explained road rights and easements and noted the Norenberg's have
access onto the new public Salem Street as well.
Mr. Norenberg stated city staff wants to take away his access on the private road to
start using the public city street. He stated he can't put a driveway onto Salem Street
because it'll cost money and he'll lose outbuildings. He stated city fiber and a hydrant
are in the way as well.
Mr. Leeseberg stated the city is not aware of any easement on the private drive/road.
Mr. Norenberg stated they have a court hearing scheduled later in the year regarding
ownership of the road.
Mr. Beck stated the new city street was planned to serve the 18746 Troy Street parcel
if they lost access to the existing private drive.
Moved by Councilrnember Beyer and seconded by Councilmember
Christianson to continue the public hearing for the land use amendment and
the zone change to May 2, 2022, City Council meeting. Motin carried 5-0.
8. General Business
There were no general business items.
Council recessed at 7:27 p.m. and reconvened in work session at 7:34 p.m.
Prior to adjournment the mayor read a statement noting the City Council will be
holding a closed meeting per Minnesota State Law Section 13D.05 Subdivision 3(c)
to discuss price for the city's possible purchase of a portion of 18454 Waco Street
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April 18, 2022
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and that the closed meeting to discuss the confidential appraisal date for Parcel
Number 75-915-0020, Nature's Edge Business Park was cancelled.
9.1 Facility Maintenance Organizational Structure
Mr. Femrite presented the staff report.
Councilmember Westgaard noted the city growth and growth in the department and
that it makes sense to break up the span of control.
Mayor Dietz liked the idea as a succession planning opportunity.
Council consensus to move forward with the organizational changes outlined in the
staff report.
9.2 Recognition Program for City Volunteers
Ms. Allard presented the staff report.
Council consensus was to host a volunteer day at the market on a concert night,
recognize volunteers prior to concert start, raise the recognition amount to $10.
Council consensus to hold the event on July 18.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 7:41 p.m.
Tina Allard, City Clerk
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