08-21-2023 CCMMembers Present:
Members Absent:
Meeting of the Elk River City Council
Held at the Elk River City Hall
Monday, August 21, 2023
Acting Mayor Jennifer Wagner, Councilmembers Cory Grupa and Mike Beyer
Mayor John Dietz and Councilmember Matt Westgaard (both were attending the Minnesota
Municipal Utilities Association Conference)
Staff Present: Assistant City Administrator Joe Stremcha, Senior Planner Chris Leeseberg, Community
Development Director Zack Carlton, City Attorney Jared Shepherd, 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 6:17
p.m. by Acting Mayor Wagner.
2. Pledge of Allegiance:
Pledge of Allegiance was recited.
1. Consider Agenda
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve the agenda.
Motion carried 3-0.
4. Consent Agenda
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve:
4.1
August 7, 2023, Minutes.
4.2
Check Register as outlined in the staff report.
4.3
Pay Estimates as outlined in the staff report.
4.4
Removed from consent agenda and added after 6.2.
4.5
Updated Snow and Ice Control Policy as outlined in the staff report.
4.6
Development Agreement for The Cove.
4.7
Master Labor Agreement 23-28 between City of Elk River and Law Enforcement Labor
Services Local #501 for January 1, 2024, to December 31, 2026.
4.8
Ordinance 23-20 amending Chapter 74, Traffic Regulations and Vehicles, of the City of Elk
River, Minnesota, City Code to Regulate Special Use Vehicles.
4.9
2023 Equipment replacement purchases of five pickup trucks for the street, park, and
building maintenance divisions as outlined in the staff report.
4.10
Purchase and installation of 16 lift station chopper pumps as outlined in the staff report.
4.11
Resolution 23-29 acknowledging contributions from Elk River Youth Hockey Association.
(4/5 vote required so this will be added to the September 5 agenda for consideration.)
Motion carried 3-0.
City Council Minutes
August 21, 2023
5. Open Forum
No one appeared for Open Forum.
6.1 Proclaim September 2023 as Suicide Prevention Month
Acting Mayor Wagner read and presented the proclamation.
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Moved by Councilmember Grupa and seconded by Councilmember Beyer to approve a
proclamation designating September 2023 as Suicide Prevention Month. Motion carried 3-0.
6.2 City of Elk River Volunteer of the Month — Mayor Dietz
Acting Mayor Wagner presented the August Volunteer of the Month award to Jeb Kotzian. She highlighted
the following:
■ Team Manager for Elk River AA Bantam youth hockey team.
• Coach in boys' and girls' youth lacrosse program.
• Former Elk River youth football coach.
• Started a not -for -profit organization to `Vote Yes' for Active Elk River campaign.
■ Canvassed for school referendums and Active Elk River campaign.
■ Donated time at past VFW youth hockey tournaments.
■ Active member of Elk River/Rogers VFW post.
4.4 Youth Athletic Complex Naming Rights Agreement
Acting Mayor Wagner highlighted how this is a great partnership for the community and thanked Steve
Hickman for his community support. Mr. Hickman stated they were honored to participate and be part of
the community.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Agreement
23-27 for the Elk River Recreational Complex Naming Rights. Motion carried 3-0.
7.1 Conditional Use Permit: NorthStar Truck and RV Parking, 15861 Jarvis Street
Mr. Leeseberg presented the staff report. He discussed a new Condition #11 that was added after Planning
Commission review and discussions with the City of Ramsey. Just prior to this meeting the applicant
mentioned the possibility of annexing the Ramsey portion of their property to Elk River.
Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue, Acting Mayor
Wagner closed the public hearing.
Council discussed the hardship of Condition #11 requiring curb and gutter through the middle of a person's
property.
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August 21, 2023
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Galena 3017 130`' Court, Blaine Applicant - Questioned why curb and gutter would be needed because
their property is only one lot, and this would divide their land. She asked if a temporary setback could be in
place since they would like to combine the Ramsey portion into Elk River. She stated there is no access to
the Ramsey portion of the property.
Mr. Leeseberg explained how our city ordinance requires a 10-foot setback from the property line to protect
both owners and any possible future owner and how Elk River can't approve anything located in another
jurisdiction. He stated the Council could consider an alternative format to the curb and gutter or waive the
property delineation.
City Attorney Shepherd stated time and research would be needed regarding the annexation. This item
could be tabled while staff explored options for combining the lots into Elk River or the permit could be
granted as written.
Mr. Leeseberg stated the Council could also approve it but change Condition #11 so it would only be
enforced if the lots in both cities can't be combined by a certain date.
City Attorney Shepard stated the Council could also dispense with the curb and gutter requirement due to
hardship.
Councilmember Grupa stated he'd like to see the lots combined or some type of delineation required before
he would approve the permit.
r The Council questioned the applicant on how they would like to proceed with the options discussed tonight.
The applicant stated they would like to move forward and would agree to Condition #11 with a curb and
gutter deadline if the lots are not combined.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Conditional
Use Permit No. CU 23-16 with the following conditions to satisfy the standards set forth in Section
30-654:
1. All driving and parking areas shall be paved with an approved surface (bituminous, Class 5, or
concrete).
2. Schedule a site visit with the building official and fire marshal to review the existing building
and complete any required code updates.
3. Update submitted plans to demonstrate compliance with state and local stormwater
management requirements.
4. Submit documentation showing compliance with all Minnesota Pollution Control standards.
5. Drive lanes need to maintain a minimum 24-foot width throughout the site.
6. Site lighting shall comply with Section 30-937.
7. A landscape plan shall be approved by city staff.
8. Existing fencing along the railroad tracks and Jarvis Street shall have opaque screening
incorporated into it.
9. Dust control measures shall be utilized in the fenced yard area.
10. All driving areas and outdoor storage/parking areas shall be bounded by B612 concrete curb
and gutter.
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August 21, 2023
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11. The B612 concrete curb and gutter shall be installed on the east side of the fence along Jarvis
Street and 10 feet from the remaining property lines by May 1 of 2024, unless the Elk River and
Ramsey properties have been combined.
Motion carried 3-0.
7.2 Conditional Use Permit Amendment: Aegir Brewing, 19050
Mr. Leeseberg presented the staff report. He noted the patio area on his map in the staff report is incorrect,
but he would provide the applicant with an updated map.
Acting Mayor Wagner opened the public hearing.
Tim and Jeremy Jones, applicant — Stated only corn hole would be allowed in the space and they asked if
the parking stall requirements could be reduced as the numbers are not far off and employees are in some
spots at different times then their business hours. They stated they intend to add more stalls in the future
but can't guarantee how many.
Acting Mayor Wagner closed the public hearing.
The Council stated they were fine with the request to reduce parking requirements.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to approve Conditional
Use Permit No. CU 23-17 with the following conditions to satisfy the standards set forth in Section
30-654:
1. The CUP shall not be recorded until the city building official and fire marshal have inspected,
and approved, the building for compliance with all state and local building codes and all
applicable conditions of approval have been completed.
2. The space labeled "Event Space" shall only be used for corn hole/bag toss lanes. Any other
uses shall require a Special Event Permit.
3. All comments on the Comment Letter dated July 20, 2023, shall be addressed.
4. No tap room operations or expanded brewery operations can occur until:
a. The CUP has been recorded.
b. The building has received a Certificate of Occupancy.
5. A taproom license shall be obtained from the state and city.
G. No more than 20,000 barrels of its own brands of malt liquor may be brewed annually.
7. Parking areas shall be used for parking only and may not be used for outdoor patio areas or
other activities such as, but not limited to, seating, bands, or events/shows.
8. Outdoor patio areas shall be delineated with a permanent fence and shall not be in required
parking areas.
9. No demolition or construction activities shall occur within or on the exterior of the building
until the Conditional Use Permit is approved and a building permit has been applied for and
issued.
10. CUP CU 20-15 shall become void.
11. Any deviations from the CUP plans dated 8/21/2023 shall require an amendment to the
Conditional Use Permit.
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City Council Minutes
August 21, 2023
Motion carried 3-0.
7.3 Simple Plat: Jackson Street Apartments
Page 5
Mr. Carlton presented the staff report. He stated, after the Planning Commission review, the applicant
brought up a concern and would like the Council to consider immunity from assessments related to
improvements on 6`' Street for a period of 10 years. Mr. Carlton stated there has been one instance in
history where immunity from assessments was granted for a billboard because it was wetlands and a
billboard lot and would receive no benefit from an improved road. This request is for an existing apartment
complex that would benefit from improvements.
Acting Mayor Wagner opened the public hearing. There being no one to speak to this issue, Acting Mayor
Wagner closed the public hearing.
The Council stated the immunity request is outside their general practice of assessing residential areas.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to adopt Resolution 23-
30 approving the final plat of Jackson Street Apartments with the following conditions:
1. Right-of-way shall be dedicated for 6`" Steet NW, consistent with the existing easement
document.
2. The plat shall be updated to convey all standard perimeter drainage and utility easements.
3. All site plans must be updated to remove encroachments into the required right-of-way
dedication.
4. The plat will not be released for recording until all conditions for case file CU 22-17, the PUD
review for the Jackson Street Apartments, have been satisfied.
Motion carried 3-0.
7.4 Zone Change: City of Elk River
Mr. Carlton explained how this item related to public hearing notice procedures.
Acting Mayor Wagner re -opened the public hearing. There being no one to speak about this matter she
closed the public hearing.
Moved by Councilmember Beyer and seconded by Councilmember Grupa to direct staff to bring
this item back to Council at a future meeting for discussion. Motion carried 3-0.
8.1 Heritage Preservation Commission Appointment
Ms. Allard presented the staff report.
Moved by Councilmember Grupa and seconded by Councilmember Beyer to appoint Mary
Stoutenburg to the Heritage Preservation Commission with a term ending February 29, 2024.
Motion carried 3-0.
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August 21, 2023
9. Adjournment
Page 6
Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting
of City Council.
Motion carried 3-0.
The meeting adjourned at 7:15 p.m.
n J.: ietz, yor
Tina Allard, City Clerk
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