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12-16-2025 PC MIN Meeting of the Planning Commission Held at the Elk River City Hall Tuesday, December 16, 2025 Members Present: Chair Perry Beise, Commissioner Eric Johnson, Commissioner Robert Rydberg, Commissioner Dennis Booth, Commissioner James Zahler, Commissioner Dornan Bland Members Absent: Commissioner Anthony Kaba, Councilmember Jennifer Wagner Staff Present: Community Development Director Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Katie Porath Others Present: City Attorney Richard Hansen 1. CALL MEETING TO ORDER Pursuant to due call and notice thereof, the meeting was called to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. CONSIDER AGENDA Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the agenda. Motion carried 6-0. 4. CONSIDER MINUTES Moved by Commissioner Johnson and seconded by Commissioner Booth to approve the following consent items as outlined in their respective staff reports. Motion carried 6-0. 4.1 DRAFT Minutes - November 25, 2025 5. PUBLIC HEARINGS 5.1 Ordinance Amendment and Conditional Use Permit: Discount Tire, PID 75-00899-0010 Mr. Leeseberg presented the staff report. Commissioner Johnson asked if other tire shops in Elk River have a condition to keep their doors closed as Condition 8 states, "Overhead doors must be kept closed while operating tools and equipment to minimize noise impacts on adjacent businesses." Mr. Leeseberg stated that many home occupations do, but commercial businesses do not. This particular site is closer to residential areas than other tire shops. Planning Commission Minutes December 16, 2025 --------- Page 2 of 5 Commissioner Bland asked if there was a ratio of garage bays to number of required parking stalls. Mr. Leeseberg stated it was based on square footage of the building as well as the Planning Unit Development (PUD) in the area. Chair Beise opened the public hearing. Todd Mosher, R.A. Smith, Inc., on behalf of Discount Tire, asked the Commission to remove Condition 8 and described the hardship that keeping the doors closed would have on the business. He stated that the highway located next to the business creates more noise than the air wrenches used in the business. Commissioner Rydberg clarified that the bay doors were facing Aldi and not toward Highway 169. Chair Beise asked if the CUP could include a condition restricting the hours that the doors can be open. Mr. Mosher stated Discount Tire hours of operation have never changed. Chair Beise closed the public hearing. Commissioner Johnson stated he was comfortable removing Condition 8 as other tire shops in the area do not have this condition. Moved by Commissioner Johnson and seconded by Commissioner Zahler to recommend approval of an Ordinance Amendment codifying the Planned Unit Development (PUD) standards for the Elk Ridge Center area and adding Motor Vehicle Specialty Service Stations as a Conditional Use in the district. Motion carried 6-0. Moved by Commissioner Rydberg and seconded by Commissioner Johnson to recommend approval of a Conditional Use Permit (CUP) for the proposed Discount Tire operation in Elk Ridge Center, subject to the following conditions, as amended: 1. City Council approval of the associated ordinance amendment (OA 25-10) and plat (P 25-26). 2. Staff approval of all site, engineering, landscaping, and utility plans. 3. The use of hazardous materials such as lubricants, oils, chemicals, and solvents must be handled in accordance with state standards. 4. The outdoor storage of tires, new deliveries or used, is prohibited. All tires must be stored within the building and not visible from the exterior. 5. All four sides of the building must meet the PUD design standards. 6. The shared parking with the property to the south must be maintained and access between lots shall not be impeded. 7. The applicant must provide evidence of easements which provide access between the lot and a public street. Motion carried 6-0. 5.2 Ordinance Amendment: Reasonable Accomodation Appeal Process, City of Elk River Mr. Leeseberg presented the staff report. Commissioner Johnson asked if an applicant was required to disclose private Health Insurance Portability and Accountability Act (HIPAA) data. Planning Commission Minutes December 16, 2025 --------- Page 3 of 5 City Attorney Richard Hansen, Campbell Knutson, gave some additional information on the proposed ordinance. He stated that a request for accommodation would need to meet certain standards including: ▪ Is it a qualifying disability? ▪ Is it necessary? ▪ Is it reasonable? Commissioner Johnson had concerns that staff changes could allow for someone with more leniency to approve projects at their own discretion. Commissioner Bland questioned cases where a doctors note could provide a low level of evidence. If staff approves applications, they are neither appointed nor elected and, therefore, have no incentive not to take the path of least resistance. Staff may become burdened with these cases and approval should be the role of the Commission. Mr. Leeseberg stated that staff takes on implementation of many other ordinances. Commissioner Johnson highly encouraged staff to work with the City Attorney to establish qualified disability as each type of disability presented unique circumstances. City Attorney Hansen agreed that reasonable accommodation requests would be considered on a case- by-case basis but having the ordinance would provide a "roadmap" to make determinations. He added that, while many of the requests would be planning-related items, some reasonable accommodation requests could be for different city departments. Commissioner Johnson suggested modifying the proposed ordinance language to require attorney review. Commissioner Bland reiterated that he believed the proposed language would put an undue burden on staff to make sure applicants met the standards. City Attorney Hansen commented that staff can change but commission members can also change. Mr. Leeseberg assured the commission that staff was more comfortable asking for attorney assistance with Americans with Disabilities Act (ADA) decisions. He stated the Commission did not have to make a recommendation on the proposed ordinance at this meeting and could continue discussion at a future meeting. City Attorney Hansen reiterated that the Commission recommendation would next go to the City Council for approval. Moved by Commissioner Johnson to recommend approval of the Ordinance Amendment creating an appeal process for reasonable accommodations under the Americans with Disabilities Act, adding language to paragraph 3 "the Community Development Director and the City Administrator in consultation with the City Attorney". Planning Commission Minutes December 16, 2025 --------- Page 4 of 5 Mr. Leeseberg asked if the wording could be modified to include "or designee" and remove Community Development Director. Moved by Commissioner Johnson and seconded by Commissioner Booth to recommend approval of the Ordinance Amendment creating an appeal process for reasonable accommodations under the Americans with Disabilities Act, adding language to paragraph 3 "the City Administrator or designee in conjunction with City Attorney". Motion carried 5-1. Commissioner Zahler opposed. 6. GENERAL BUSINESS There was no general business. 7. COUNCIL LIAISON UPDATES Mr. Leeseberg gave an update on Council actions from the December 15, 2025 City Council meeting including approval of the Northstar Trucking Conditional Use Permit, with an extension to June 2026, and the Variance for a water-oriented structure. Commissioner Booth requested that the Commission review land use. Mr. Leeseberg added that the Variance for an apartment building was denied at the City Council meeting and the Sherburne County billboard request was approved. 8. MOTION TO ADJOURN REGULAR MEETING Moved by Commissioner Johnson and seconded by Commissioner Bland to adjourn the meeting. Motion carried 6-0. The regular meeting adjourned at 7:18 p.m. Chair Beise called the work session to order at 7:18 p.m. 9. WORK SESSION 9.1 Concept Review: Mille Lacs Motorsports II, Inc., PID 75-00014-1200 Mr. Leeseberg presented the staff report. Commissioner Johnson asked why the applicant wanted to raise the four billboards by five feet. Tom Dehn, applicant, owner of Power Lodge Ramsey, explained that he was considering purchasing the site. He did not want any of the billboards but, if they needed to remain, he would need them to be taller so they did not block his proposed project. Commissioner Johnson agreed that billboards would block any business built behind it on that site. He asked if the billboards could be removed or only keep the billboards at the two corners of the lot to avoid blocking a building. Mr. Leeseberg stated that current city standards allow either a billboard or a building on a property. Commissioner Rydberg asked if Franklin Outdoor Advertising, the billboard company, owned the Planning Commission Minutes December 16, 2025 --------- Page 5 of 5 property that the billboards sat on. Mr. Leeseberg stated he didn't know about the agreement between Franklin and the Specht property. Commissioner Rydberg clarified that Mr. Dehn had not yet purchased the property. Mr. Leeseberg stated that one option could be to rezone the property to a PUD with a special rule to allow billboards and buildings on the same property. Chair Beise felt the Commission needed more information. Commissioner Rydberg suggested that Mr. Dehn negotiate with the seller of the property to remove the billboards. Commissioner Johnson suggested keeping only the billboards at the ends of the property. Commissioner Bland was not in favor of any billboards as that did not meet the intent of the rule. The Commission was not in favor of allowing both billboards and buildings on the same site and requested additional information on the ownership and technicalities, including potentially subdividing the property. The project may also go to the council for concept review. 10. MOTION TO ADJOURN Moved by Commissioner Johnson and seconded by Commissioner Booth to adjourn the meeting. Motion carried 6-0. The meeting adjourned at 7:44 p.m. Minutes prepared by Katie Porath. ___________________ Perry Beise, Chair _________________________ Jolene Richter, Deputy City Clerk