10-17-2022 CCMMeeting of the Elk River City Council
Held at the Elk River City Hall
Monday, October 17, 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, City Attorney Peter Beck, Public
Works Director/Chief Engineer Justin Femrite, Community
Development Director Zack Carlton, Engineering Project Manager
Brandon Wisner, Senior Planner Chris Leeseberg, City Clerk Tina
Allard, Multipurpose Facility Superintendent Tim Dalton, Parks and
Recreation Director Michael Hecker, Finance Director Lori Ziemer,
Fire Chief Mark Dickinson, Assistant Fire Chief of Operations Mark
Wandersee, Facility Maintenance Manager Rich Czech, 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 6:26 p.m. by Mayor Dietz.
2. Pledge of Allegiance
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Beyer and seconded by Councilmember
Westgaard to approve the agenda. Motion carried 5-0.
4. Consent Agenda
Mayor Dietz verified Item 4.4 for Morton Avenue Drainage did not include
assessments to the property owners. Mr. Wisner replied there were no assessments
to property owners.
Mayor Dietz asked about Item 4.5 if the $136,000 is the city's share of the design of
County Road 33 part of the $650,000 or in addition to that amount. Councilmember
Wagner asked if anything had changed since the last discussion. Mr. Femrite stated
the $136,000 was part of the $650,000 and confirmed that there were no changes
since the last meeting.
Mayor Dietz asked if Item 4.8 included cleanup of the animals. Mr. Carlton stated it
involved removing the cages and materials in addition to landscape and tree
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Page 2
trimming. He is working on timing with the contractor to complete the project by
November 1, 2022.
Mayor Dietz asked about the extension to the Hemp THC Sales Moratorium
Temporary Ordinance. City Attorney Beck stated there would be a draft ordinance at
the November 7, 2022, Council meeting.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve:
4.1 October 3, 2022, Regular Meeting Minutes.
October 3, 2022, Closed Meeting Minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimates and change order numbers 20-705-001 and 20-700-002.
4.4 Ordering the Morton Avenue Drainage Improvement Project for 2023
with an estimated total cost of $250,000 (as referenced in Option 2 of
the Morton Avenue Drainage Study).
4.5 Cost -participation Agreement 22-27 with Sherburne County for design
modifications on CSAH 33.
4.6 Hiring paid on -call firefighters effective November 7, 2022, as listed in
the staff report.
4.7 Ordinance 22-21 amending City Code Section 74-93 regarding
impoundment of vehicles.
4.8 Maintenance and assessment Agreement 22-28 for 617 Gates Avenue.
4.9 Extension Temporary Moratorium Ordinance 22-22 for THC as noted
in the staff report.
Motion carried 5-0.
S. Open Forum
The following spoke regarding safety on Twin Lake Parkway following a vehicle and
pedestrian accident in the crosswalk:
Kathie Ziebarth,16280 2271h Ave NW, stated traffic around Twin Lakes Parkway
was getting worse and suggested lowering the speed limit or changing the traffic
flow.
Macy Berg,18523 Smith St NW, stated speeds on Twin Lakes Parkway are too
high and the pedestrian crossing should be addressed. She suggested treating the
road similar to School Street.
Leonora Person, 13726189`' Ave NW, suggested speed bumps on Twin Lakes
Parkway.
Katie Raivala,16100 57`' St NE, St. Michael, stated there are school aged children
jogging on the sidewalks near Twin Lakes Parkway to nearby Hillside Park.
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Josh Beck,17968 Tyler St NW, stated it is challenging to exit his development onto
nearby roads.
Mayor Dietz stated the accident is still under police investigation and, once
completed, the public works director will evaluate and make recommendations.
Councilmember Christianson asked that information be posted on social media
when the council would be discussing the matter again.
6.1 City of Elk River Volunteer of the Month
Mayor Dietz presented the October Volunteer of the Month award posthumously to
Larry Toth. Joyce Toth accepted the award. He highlighted the following:
■ 30+ years member of Housing and Redevelopment Authority, many of them as
board chair
■ Served as Elk River city council member, 1977-1982
■ Past member of Elk River Planning Commission
■ Long-time Trustee of St. Andrew's Catholic Church
■ Member of Finance, Usher, and Landscape Committees at St. Andrew's Catholic
Church
■ Recognize by Pope John Paul II for significant life of volunteer contributions
■ Involved with 4H, Jaycees, and Sherburne County Fair Board
■ Volunteer at Senior Activity Center
■ Youth coach in hockey, football, baseball, and soccer
• Member of Board of Directors of Pullman Place
' Served on Landscape, Building and Grounds, and Shop Committees at Pullman
Place
6.2 Introduction and Interview Candidates for Energy City Commission
Ms. Allard presented the staff report.
Council interviewed Levi Aesoph and Anthony Miller for Energy City Commission.
Council will make appointments at the November 7, 2022, council meeting.
7.1 Conditional Use Permit (CUP): Home Occupation for JC Styles Hair
Salon, 329 Morton Avenue, CU 22-13
Mr. Leeseberg presented the staff report.
Mayor Dietz opened the public hearing.
Sandy Wersal, 319 Morton Ave NW, expressed concerns about increased traffic,
parking, site conditions, chemical use, and excessive noise. She noted the applicants
past code enforcement/policing issues
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Dan Eiden, 320 Morton Ave NW, asked about the ramifications of not fulfilling
the conditions of the CUP. He felt a residential area should be kept residential. City
Attorney Beck stated violations of the CUP conditions could be reason for
revocation and that code enforcement has a process to follow if violations are noted
or reported.
Shawna Griebel, 954 Main St, agreed there was too much traffic and loud noises
from vehicles.
Ms. Wersal added a request that Council only grant one chair and not two. She stated
that Rollie Boll, 321 Morton Ave, wished to speak at the meeting but was not able to
make it.
Charity Dellwo, 329 Morton Ave, the applicant, questioned the allegations
neighbors made concerning her code enforcement violations and loud noises.
Mayor Dietz closed the public hearing.
Councilmember Wagner asked if four parking spaces were because of the two chairs
requested. Mr. Leeseberg confirmed two parking spaces were assigned per salon
chair for customer use.
Councilmember Christianson asked if there were other home occupation salons in
Elk River. Mr. Leeseberg confirmed there were other home occupation salons in Elk
River.
Councilmember Westgaard stated he was struggling on how to separate public
comment concerning the other home occupation business (construction business) on
the site as well as noise complaints with the request for a hair salon.
Mr. Leeseberg said the current CUP conditions do not specify two chairs and the
applicants has requested two. Council can decide to put a limit on chairs allowed as
well as occupancy limits. Conditions do limit changing the size of the building.
Councilmember Westgaard stated the parking spaces also provide limitations, but he
felt there should be a limit to two chairs and the applicants could return for an
amended CUP if they want to expand in the future.
Councilmember Beyer spoke to Condition #9 concerning code enforcement
violations and noted the Planning Commission had added this condition since it
seems to be an issue with neighbors.
Mayor Dietz stated he doesn't have a problem with the hair salon but does have
concerns about the past violations.
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October 17, 2022
Councilmember Wagner clarified that all code enforcement violations must be
remedied and closed before the salon can open.
Moved by Councilmember Wagner and seconded by Councilmember
Westgaard to approve the Conditional Use Permit with the following
conditions to satisfy the standards set forth in Section 30-654:
1. The building shall be inspected by the city building official and fire
marshal to verify visible compliance with commercial building, electrical,
plumbing, and fire codes and identified visible violations must be
addressed prior to issuance of new building permits for the property.
2. An amendment to this Conditional Use Permit will be required for future
expansions/ additions.
3. Four (4) customer parking stalls shall be provided a minimum of 5 feet
from side and rear property lines. These stalls are not to be used for
personal vehicles during business hours.
4. City approved turf be established by June 1, 2023, in the right-of-way areas
outside of the maximum 30' driveway width.
5. All driving areas and parking areas shall be paved with an approved
surface (asphalt, concrete, or class 5).
6. All driving areas and parking areas shall be bounded by B612 concrete
curb and gutter.
7. Follow Minnesota Pollution Control Agency guidelines for chemical waste
and secondary runoff controls.
S. A minimum of 440 square feet of accessory structure needs to receive a
Certificate of Occupancy prior to the Conditional Use Permit being
recorded and the salon being operated.
9. All outstanding code violations, as of October 17, 2022, shall be closed
prior to beginning operation.
Motion carried 3-2. Mayor Dietz and Councilmember Christianson opposed.
7.2 Conditional Use Permit for Home Occupation for a Construction
Company, Dellwo Brothers Construction, 329 Morton Avenue
Mr. Leeseberg presented the staff report. The applicant has withdrawn their
application.
7.3 Conditional Use Permit for Home Occupation Permitting Outdoor
Storage at 21 144 Twin Lakes Road, Josh Clark, CU 22-19
Mr. Leeseberg presented the staff report. The applicant has requested that Condition
#3 be removed.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz closed the public hearing.
0 Council discussed screening with the combination of the berm and vegetation.
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Josh Clark, 21144 Twin Lakes Road, applicant, stated the berm is six feet with
trees on top of it. He requested to store materials on the west side of the outdoor
storage shed.
Council stated the applicant would need to maintain the vegetation so that materials
are not visible from the road but agreed to amend Condition #3 to state: "Applicable
business materials shall only be stored on the western 100 feet of the outdoor
storage area and shall not be stored higher than 20 feet."
Moved by Councihmember Westgaard and seconded by Councilmember
Beyer to approve the Conditional Use Permit with the following conditions to
satisfy the standards set forth in Section 30-654:
1. The designated outdoor storage area shall be no larger than 190' x 250' in
size.
2. All outdoor storage of company vehicles, equipment, and applicable
business materials must be stored within the designated outdoor storage
area screened from view from the public right-of-way as outlined in
Section 30-807.
3. Applicable business materials shall only be stored on the western 100 feet
of the outdoor storage area and shall not be stored higher than 20 feet.
4. No direct access from the outdoor storage area to the public road shall be
allowed.
5. Hours of operation shall be limited to 7:00 a.m.-7:00 p.m. Monday through
Friday.
6. No company vehicles/equipment may idle on site for more than 15
minutes.
7. Outside of routine maintenance/repair, there shall be no major
repair/maintenance of company vehicles/equipment on site.
8. No more than the six (6) square feet of signage shall be allowed.
9. An amendment of this Conditional Use Permit will be required for future
expansion/additions not shown on the staff site plan dated September 27,
2022.
Motion carried 5-0.
7.4 Phoenix Enterprises — Outlot A, Cherryhill Bluffs Fourth Addition
Land Use Amendment: Single Family Residential to Highway
Commercial
Zone Change: Residential to Highway Commercial
Platted Exemption: Hillside Office
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Julianne Will, 11508190`' Ln NW, was concerned about construction or vegetation
being removed on the portion of property adjacent to her yard.
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Marly Glines,19230 Evans St, stated there was no intention to make any changes
to the property, just to bring it into compliance.
Mayor Dietz closed the public hearing.
Councilmember Wagner questioned limiting the size of the sign since larger signs are
allowed in a C3 district.
Mr. Carlton stated the applicant was fine with the smaller 10-foot by 12-foot sign
and that the applicant could amend the CUP if they wished to have a larger size in
the future.
Moved by Councilmember Beyer and seconded by Councilmember
Christianson to adopt Resolution 22-56 amending the Comprehensive Plan
and changing the guidance for Outlot A, Cherryhill Bluffs Fourth Addition
from Traditional Single Family Residential to Highway Business. Motion
carried 5-0.
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to adopt Ordinance 22-23 rezoning Outlot A, Cherryhill Bluffs
Fourth Addition from R-1c to C3 for the following reason:
1. The rezoning is consistent with the City of Elk River Land Use Plan.
( And with the following conditions:
1. The Land Use Amendment, to Highway Business (LU 22-03) shall be
approved by the City Council.
2. Freestanding signage on the peninsula shall be limited to 10 feet tall and
12 feet wide.
3. Council approval of a boundary line adjustment/platted exemption
combining the parcel with the abutting lot to the north.
Motion carried 5-0.
Moved by Councilmember Westgaard and seconded by Councilmember
Beyer to adopt Resolution 22-57 approving the plat of Hillside Office subject
to Council approval of the associated land use and zoning map amendments.
Motion carried 5-0.
7.5 Conditional Use Permit: Establish a Residential Planned Unit
Development, Jackson Hills Phase II, Briggs Companies, CU 22-17
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing.
Andrew Hulse,18862 Concord St NW, spoke in favor of the development and
stated it was an appropriate use of the land, and apartments were needed in Elk
River.
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Peter McGee,10653 172nd h Ave, was in support of newer apartments being
available in Elk River.
Keith Glenn, 704 Jackson Ave NW, stated he was not against the development but
that he was concerned about wet soil conditions, structural stability, and the view of
the parking lot from his yard.
Ricky Solomon, President/CEO of Boys and Girls Club of Elk River, spoke in
favor of the fishing pond located in the development.
Patrick Briggs, Jackson Hills, applicant, stated he hired an engineer to give
information on building on the site and has no concerns with the project location.
Mayor Dietz closed the public hearing.
Mayor Dietz asked about park dedication for this project. Mr. Carlton stated that
there was no park dedication needed because of a previous dedication, which
included Lion John Weicht Park.
Mr. Carlton added that none of the conditions of the CUP exempt the developer
from standards related to structural stability and the development must meet all state
building codes.
Councilmember Wagner stated that the Parks and Recreation Commission should be
informed that there is no park dedication as they are replacing a playground soon
which will not be large enough for an increase in residents.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve a Conditional Use Permit establishing a residential
Planned Unit Development (PUD), with the following conditions:
1. A PUD Agreement shall be developed and signed by both parties prior to
issuance of a building permit.
2. Staff approval of landscape and lighting plans.
3. All utility meters shall be on an elevation of a building that does not face a
public right-of-way.
4. The developer shall provide evidence that any long-term dewatering will
not be detrimental to the stormwater system or the long-term structural
integrity of the proposed structures.
5. On -site mitigation must be monitored by a certified professional and
building permits will not be released until a final report has been provided
to the city.
6. Water service pipe over 21/2" in size shall be ductile iron.
7. Hydrants shall be spaced so that all portions of a building or residence to
be protected are within a 250-foot radius of a hydrant. Final review by the
fire chief and city engineer.
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8. There are at least eight existing water service stubs to this property; all
unused water services shall be shut off and disconnected at the main, and
the stop box shall be removed by a licensed plumber or licensed sewer
installer at the expense of the property owner.
Motion carried 5-0.
7.6 Administrative Subdivision: Beaudry Elk River Addition
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue,
Mayor Dietz continued the public hearing to November 7, 2022.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to continue Item 7.6 regarding the Administrative Subdivision:
Beaudry Elk River Addition to the November 7, 2022, City Council meeting.
Motion carried 5-0.
8.1 Ordinance Amendment: Incorporate 2022 State Liquor Regulations
Ms. Allard presented the staff report. She stated that the city can decide to be more
restrictive on regulations if desired. Fees were discussed, including a $50 fee for the
processing applications for the special events extended hours permit.
Councilmember Wagner questioned the additional fees since there are already liquor
license fees.
Councilmember Westgaard stated the additional fees will offset staff time costs.
Councilmember Wagner abstained because she has a liquor license.
Moved by Councilmember Christianson and seconded by Councilmember
Westgaard to adopt Ordinance 22-24 amendment incorporating 2022 state
liquor regulations into city code. Motion carried 4-0. Councilmember Wagner
abstained.
8.2 Purchase Agreement for Fire Department Aerial Apparatus
Fire Chief Dickinson and Assistant Fire Chief Wandersee presented the staff report.
Assistant Fire Chief Wandersee explained there were three payment options — pay in
full, partial pre -payment, and pay at the end of the 3-year period.
Mayor Dietz asked Ms. Ziemer the merits of paying in full to get a discount from the
company versus investing the money and earning interest over the next 2-3 years.
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Council decided to sign the contract but not pay until the apparatus was completed
and set aside the money to pay for it in interest earning investments for the next
three years.
Moved by Councilmember Beyer and seconded by Councihnember
Christianson to approve the purchase of the Pierce aerial apparatus for the fire
department. Motion carried 5-0.
8.3 Elk River Youth Hockey Association Ice Contract
Mr. Dalton presented the staff report.
Moved by Councilmember Christianson and seconded by Councilmember
Beyer to approve 2022-2024 Elk River Youth Hockey Association Ice
Contract. Motion carried 5-0.
8.4 Elk River Youth Hockey Association Facility Use Contract 2022-2024
Mr. Dalton presented the staff report.
Mayor Dietz expressed concern that the Furniture and Things Community Event
Center was offering training space to Elk River Youth Hockey Association but not
to other youth sports teams. Mr. Dalton stated this was a way to earn money and
utilize the space for the next two years and other sports teams could discuss a similar
arrangement.
Moved by Councilmember Wagner and seconded by Councilmember Beyer
to approve the 2022-2024 Elk River Youth Hockey Association Facility Use
Contract. Motion carried 5-0.
8.5 Elk River Figure Skating Club Ice Contract
Mr. Dalton presented the staff report.
Mayor Dietz asked why the Elk River Figure Skating Club wouldn't want a two-year
contract. Councilmember Westgaard stated the club is working on regaining
members who have left for other arenas.
Moved by Councilmember Westgaard and seconded by Councilmember
Christianson to approve 2022-2023 Elk River Figure Skating Club Ice
Contract. Motion carried 5-0.
Council recessed at 8:31 p.m. and reconvened in work session at 8:37 p.m.
9.1 CR33/CR I Residential Development Concept Review
Mr. Carlton presented the staff report.
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Matt Barker, Community Development Manager, and Stephen Bona, Vice
President of Land, were in attendance representing Capstone Homes.
Council questioned the requested lot sizes and density of proposed homes in the
development. Mr. Bona explained that the development would have a mixture of
larger lots and homes as well as smaller homes. He stated that fewer people are able
to afford the cost of the larger lots. Extending utilities and infrastructure is expensive
and the smaller lots can offset some of these costs.
Council felt that the intersection of CR 33 and CR 1 has historically been prone to
traffic accidents.
Mayor Dietz asked how much of the development was within the urban service
district. Mr. Carlton said about half of the proposed homes were within the urban
service district and that approval of the project would require approval to bring the
other half into the service district. He stated that mixing large and small lots was part
of the Comprehensive Plans goal to incorporate different housing types.
Mayor Dietz asked if this project may spur others to develop in the area. Mr. Carlton
stated the largest potential for increased development as a result of bringing utilities
to the northwest portion of the city would be into the gravel mine area.
Mayor Dietz added that, in the past, lots north of CR 33 were at least 10 acres. Past
i councils decided to reduce that size to 2.5 acres.
Council was open to discussing the project further.
Mr. Carlton will take the information to the October 25, 2022, Planning Commission
meeting.
9.2 Northeast and Northwest Area Sewer and Water Study Update
Mr. Femrite and Mr. Carlton presented the staff report.
Mr. Femrite discussed the cost of extending sewer and water services to the
development proposed by Capstone. The preliminary information is yet to be
reviewed by Elk River Municipal Utilities (ERMU), however the estimated cost
ranges from $44-110 million at this time.
Mr. Femrite suggested the council determine whether to develop in the northeast or
northwest area but doesn't feel the city has the capacity to develop both at this time.
He asked about funding strategies.
Mark Hanson, ERMU Deputy General Manager, was in attendance to answer
questions.
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October 17, 2022
Mayor Dietz asked if the city would need a water tower added and if they currently
own land to build one. Mr. Hanson stated the city would need two water towers and
may have land for one currently.
Mr. Femrite added that one of the reasons for the high cost is that current
infrastructure and pipe sizes are only large enough to handle a specific number of
users. These would need to be modified if more users were added to the sewer and
water supplies. The current wastewater facility has enough capacity to handle
additional users.
Mr. Femrite stated he is hoping for more specific information on cost when the
report is finalized.
Council asked how far sewer and water services are from the proposed Capstone
development. Mr. Femrite explained that sewer is close and could handle the first
phase or two of development. However, water services are miles from the proposed
development area.
Mr. Femrite asked the Council what the catalyst for driving utility extensions may be.
Extending utilities would affect the southern portion of the gravel mines.
Councilmember Wagner assumed that an industrial park would be the catalyst for
utility expansions, not a residential project.
Council discussed options for funding the extension including assessments based on
parcel size.
Mr. Beck stated there were some challenges when assessing utilities in the past
because the project must show that it increases the value of the property by at least
the value of the assessment.
Mr. Femrite stated the next step is to update the draft of the report by narrowing in
on the required improvements. He will solicit input from the Utilities Commission
and ERMU staff.
Council asked staff to determine whether the city should continue northeast or
northwest and give the council input.
Mayor Dietz asked to postpone Item 9.4 to the next meeting.
9.3 Consider Corridors of Commerce Grant Opportunity
Mr. Femrite presented the staff report. He asked the Council if they would like to
consider a project to be submitted for the current funding opportunity.
Council was in favor of submitting the ultimate vision for Highway 10 east of
Highway 101 to the county line.
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October 17, 2022
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Councilmember Wagner asked to review the proposal before it was submitted.
Mr. Femrite would like to involve the community, Elk River Chamber of Commerce,
and Legislative Representatives and will bring a proposal to the Council for their
consideration before the deadline at the end of November 2022.
9.4 2023-2027 Capital Improvement Plan
Item 9.4 was postponed to the November 7, 2022, city council meeting.
9.5 Furniture and Things Community Event Center Contract Direction
Mr. Portner presented the staff report.
City Attorney Beck stated the concession agreement termination included selling
improvements to the concession stand and equipment to the city for $40,000.
Council agreed to purchase the equipment but did not want the food. They asked
City Attorney Beck to proceed.
Mayor Dietz asked where the $40,000 would be budgeted. Mr. Portner suggested the
Great River Energy (GRE) fund.
9.6 Furniture and Things Community Event Center Concessions/Catering
Direction
Mr. Portner presented the staff report.
The Multipurpose Facility Advisory Commission recommended selecting 3-5
caterers, making sure they are licensed, and providing a list to those who book a
room to know who are approved.
Council discussed staffing the concession stand with city staff who would supervise
sports group volunteers and charitable organizations who are looking for volunteer
or fundraising opportunities.
Council discussed the possible use of the concession stand as a fundraiser and if
there would be sharing of profits but did not reach an amount.
Mr. Czech commented that concessions at Fogarty Ice House in Blaine selects 10-15
volunteers who are the ones trained on how to use the equipment and kitchen.
Council seemed to like the idea of limiting the number of people who are trained to
use the equipment and kitchen.
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Council directed staff to continue working on finding caterers, preparing the
concession area to open, and consider possibly working collaboratively with youth
sports and other organizations.
10. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 10:20 p.m.
Minutes prepared by Katie Porath.
J 1 J. i t layor
Tina Allard, City Clerk
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