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06-16-1997 CC MINMEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, JUNE 16, 1997 Members Present: Mayor Duitsman; Councilmembers Holmgren, Thompson, and Dietz Councilmember Farber (5:20 - 9:00 p.m.) Members Absent: None Staff Present: Pat Klaers, City Administrator; Sandra Thackeray, City Clerk; Lori Johnson, Assistant City Administrator/Finance Director; Terry Maurer, City Engineer; Peter Beck, City Attorney; Steve Ach, City Planner; Phil Hals, Street/Park Superintendent; Scott Harlicker, Planning Assistant Park and Recreation Commission Members Present: John Kuester, Dana Anderson, Clair Olson, Dave Anderson, and Rolfe Anderson Aisc Present: Tom Mesich, Planning Commission Representative Call Meetinq To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 5:00 p.m. by Mayor Duitsman. Consider Aqenda The following items were added to the Council agenda: 8.2. 8.3. 8.4. 8.5. Discussion on Defeasing Bonds Commuter Rail Demonstration Liquor Store Cooler Bids Energy Efficiency House COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE AGENDA AS AMENDED. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Consent Aqenda COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 3.1, 3.2a. 3.2b. 3.3. 3.4. CHECK REGISTER - APPROVED 5/19/97 CITY COUNCIL MINUTES -APPROVED 6/2/97 CITY COUNCIL MINUTES - APPROVED CONSIDER PURCHASE OF REFRIGERATOR FOR STREET/PARK DEPARTMENT- APPROVED REQUEST BY JOSEPH BARSODY FOR ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING CASE NO. AS 97-1 - WITHDRAWN - APPROVED Elk River City Council Meeting June 16, 1997 Page 2 3.5. 3.7. 3,8. 3.9. 3.10. 3.11. 3.12. 3.13. 3.14. 3.15a. 3.15b. 3.15c. 3.15cl. 3.16. 3.17a. 3.17b. 3.17¢. 3.17d. 3.18. REQUEST BY CPDC FOR ZONE CHANGE, PUBLIC HEARING CASE NO. ZC 97-1 - POSTPONED TO 7/21/97 CITY COUNCIL MEETING -APPROVED REQUEST BY CPDC FOR CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 97-11 - POSTPONED TO 7/21/97 CITY COUNCIL MEETING - APPROVED REQUEST BY CPDC FOR PRELIMINARY PLAT APPROVAL (TROl'r BROOK FARMS), PUBLIC HEARING CASE NO. P 97-8 - POSTPONED TO 7/21/97 CITY COUNCIL MEETING - APPROVED GOOD VALUE HOMES REQUEST FOR PRELIMINARY PLAT (CHERRYWOOD HILLS), PUBLIC HEARING CASE NO. P 96-13 - POSTPONED TO 7/21/97 CITY COUNCIL MEETING - APPROVED REQUEST BY ASTRID MCBEATH FOR ADMINISTRATIVE SUBDIVISION, PUBLIC HEARING CASE NO. AS 97-3 - POSTPONED TO 7/21/97 CITY COUNCIL MEETING - APPROVED REQUEST BY PHOENIX ENTERPRISES FOR PRELIMINARY AND FINAL PLAT (HILLSIDE CROSSING SOUTH II), PUBLIC HEARING CASE NO. CU 97-7. POSTPONED TO 7/21/97 CITY COUNCIL MEETING - APPROVED CONSIDER RENEWAL OF LIQUOR LICENSES - APPROVED RESOLUTION 97-50 AUTHORIZING EXECUTION OF SUB GRANT AGREEMENT WITH THE DIVISION OF EMERGENCY MANAGEMENT FOR THE INFRASTRUCTURE PROGRAM FOR FEMA, 1175-DR-MINNESOTA- APPROVED CONSIDER $350 CONTRIBUTION FROM THE CITY COUNCIL CONTINGENCY FUND TO THE 2001 CONFERENCE - APPROVED PROCLAMATION PROCLAIMING JULY 12, 1997, AS MINNESOTA SPECIAL OLYMPICS DAY - APPROVED PAY ESTIMATE #15 TO GRIDOR CONSTRUCTION, INC., IN THE AMOUNT OF $110,392 FOR WORK COMPLETED ON THE WASTEWATER TREATMENT PLANT EXPANSION - APPROVED PAY ESTIMATE #2 TO R.L. LARSON EXCAVATING, INC., IN THE AMOUNT OF 5120,216.80 FOR WORK COMPLETED ON THE ORONO LAKE 3RD, JOPLIN STREET, AND LOWELL AVENUE PROJECTS - APPROVED PAY ESTIMATE #4 TO BAUERLY BROS., INC. IN THE AMOUNT OF $20,930.45 FOR WORK COMPLETED ON THE HIGHWAY 10 AND 185TM AVENUE ROAD AND SIGNAL IMPROVEMENTS -- APPROVED PAY ESTIMATE #2 IN THE AMOUNT OF 578,387 FOR WORK COMPLETED ON THE NORTHBOUND LIQUOR STORE PROJECT - APPROVED CERTIFICATION OF LOCAL PERFORMANCE MEASURES - APPROVED WETLAND FILLING AND REPLACEMENT PLAN FOR REALIGNMENT OF COUNTY ROAD 12 - APPROVED WETLAND FILLING AND REPLACEMENT PLAN FOR CASS PROPERTY - APPROVED WETLAND FILLING AND REPLACEMENT PLAN FOR OAKWOOD HILLS - APPROVED WETLAND FILLING AND REPLACEMENT PLAN FOR MORRELL PROPERTY - APPROVED CONSIDER TEMPORARY BEER LICENSE FOR CHAMBER OF COMMERCE FOURTH OF JULY CELEBRATION - APPROVED COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Elk River City Council Meeting June 16, 1997 Page 3 8.2. Discussion on Defeasinq Bonds The City Administrator distributed and reviewed a Resolution calling for the early redemption of the 1988 bond. COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 97-49, A RESOLUTION CALLING FOR THE EARLY REDEMPTION OF $1,180,000 GENERAL OBLIGATION IMPROVEMENT BOND SERIES 1988A. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.3. Discussion on Commuter Rail Demonstration The City Administrator informed the City Council that there will be a community rail demonstration on July 1,2, and 3. He indicated the demonstration will consist of a commuter rail train demonstrating runs between St. Cloud, Minneapolis, St. Paul, and Hastings. COUNCILMEMBER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 1, 1997, AT 8:30 A.M., FOR THE PURPOSE OF PARTICIPATING IN THE COMMUNITY RAIL DEMONSTRATION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.4. Consider Cooler Bids for Northbound Liquor The City Administrator distributed the summary information on the liquor store cooler bids. COUNCILMEMBER HOLMGREN MOVED TO AWARD THE NORTHBOUND LIQUOR STORE WALK IN COOLER BID TO ST. CLOUD REFRIGERATION FOR $51,800. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8.5. Groundbreakinq for Ener,qy Efficiency House Mayor Duitsman informed the Councilmembers that there will be a groundbreaking by the Northwest Builders Association of the Energy Efficiency House. 8.1. Review City Council Meetinq Schedule MAYOR DUITSMAN MOVED TO CANCEL THE JUNE 23, 1997, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER THOMPSON MOVED TO CALL A SPECIAL MEETING OF THE CITY COUNCIL ON JULY 14, 1997, AT APPROXIMATELY 7:00 P.M., IMMEDIATELY FOLLOWING THE ECONOMIC DEVELOPMENT AUTHORITY MEETING, FOR THE PURPOSE OF DISCUSSING REGULAR COUNCIL BUSINESS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4.1. Discussion with Park and Recreation Commission Reqardin,q Bond Referendum for Parks and Trails Bill Morris and Diane Traxler of Decision Resources, Ltd., were present. Bill Morris presented the results of the survey that was taken of 400 randomly selected Elk River City Council Meeting June 16, 1997 Page 4 residents of the City of Elk River. The majority of the survey consisted of questions pertaining to the following issues: · park and recreation facilities and activities · park bond referendum · city services and public safety · community center Council discussion was held regarding the high level of support for both an outdoor recreation proposal and for a community center. It was stated that both issues could be successful if properly structured and if not presented at the same time. Bill indicated that a higher percentage of people surveyed were interested in a community center rather than park improvements. Bill Morris explained that the majority of the people that were in favor of a community center wanted a full service community center and were only willing to pay approximately .$19 per year to fund the center. He stated this would not cover the cost of a full service community center. He further indicated that the typical Elk River resident was willing to increase property taxes by $22 per year to fund park and recreational facilities and this is estimated to generate about $2 million for improvements. Mayor Duitsman informed the Council that the city has been discussing the possibility of building a teen center at Lion's Park in conjunction with the Lions Club. He stated the cost of the center would be approximately $300,000. The Lion's have indicated that they would fund one half of the cost. Mayor Duitsman indicated that he would like to see the city's share of a teen center ($150,000) included in the bond referendum. Dana Anderson, Park and Recreation Commission Chair, distributed a handout revealing the Park and Recreation Commission's ideas as to what the referendum should include. Also distributed was a park bond estimated tax impact. After reviewing the handouts, it was the consensus of the Council to direct staff and the Park and Recreation Commission to discuss the details of the referendum and to bring them back to the Council for discussion at a later date. Councilmember Holmgren indicated that the balance, price, and timing of the referendum are important. He stated he supports the referendum. Councilmember Dietz questioned the $150,000 for the riverwalk and how this fit in with park and recreation. Dana Anderson stated the Park and Recreation Commission felt that the riverwalk was an asset to the overall Park and Recreation Plan. Councilmember Dietz indicated his concern about implementation of the project if the referendum is passed and his concern about the timing of the improvement. Street/Park Superintendent Phil Hals indicated it would take approximately two years to complete the proposed park and recreation improvements assuming everything was contracted out by bids. COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE STAFF TO WORK WITH THE PARK AND RECREATION COMMISSION, BOND COUNSEL, AND DECISION RESOURCES TO PRESENT A DETAILED PLAN TO THE CITY COUNCIL FOR A REFERENDUM. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. ELk River City Council Meeting June 16, 1997 Page 5 5. Open Mike Mike Twaddle, 18994 Zane Street stated that eight months ago today his son was killed on Highway 169. He stated that many people have worked hard to make it a safe highway and that state money has been allocated for the project. He requested the City Council to vote unanimously to proceed with the fencing project. The City Council recessed at this time (6:40) and reconvened at 6:45. 6.]. Consider Approval of Weekend Park Ranqer and Part Time Summer Park Worker Positions COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR A PARK RANGER POSITION FOR 13 WEEKENDS, 14 HOURS PER WEEKEND, AT $10 PER HOUR, TOTALLING $1,960 FOR THE SEASON. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. C:OUNClLMEMBER HOLMGREN MOVED TO AUTHORIZE THE HIRING OF A PART TIME SUMMER PARK WORKER, CONSISTING OF 40 HOURS PER WEEK AT $7.09 PER HOUR. C:OUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Phil Hals informed the Council that the Street Department is considering the sale of surplus street/park department equipment. COUNC:ILMEMBER FARBER MOVED TO AUTHORIZE THE HIRING OF PAUL KOEHLER FOR APPROXIMATELY 12 TO 14 HOURS PER WEEK FOR MOWING DUTIES. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.2. Consider Handke School Play.qround Equipment Proposal Maria Dierks and Judy Schuldt were present to speak on behalf of the students and parents of the Handke Magnet School. She explained that the playground equipment is in very poor shape. She further indicated that due to the location of the school, the playground equipment is used extensively by community residents. She indicated that the Handke parent group is working to raise money for new playground equipment and requested the city to consider contributing $3,000. City Administrator Pat Klaers indicated that the Park and Recreation Commission recommended the city contribute towards this youth recreation project. C:OUNCILMEMBER HOLMGREN MOVED TO C:ONTRIBUTE $3,000 FOR THE HANDKE PLAYGROUND EQUIPMENT FROM THE INFRASTRUCTURE AND EQUIPMENT RESERVE THAT IS DESIGNATED FOR PARKS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3. Review School Area Learninq Center Concept City Administrator Pat Klaers indicated that previously the School District had requested to relocate the ALC to the vicinity of the Oak Knoll fields. The Council has indicated a lack of support for this proposal. He stated that another concept Elk River City Council Meeting June 16, 1997 Page 6 is being proposed this evening. The new concept still utilizes the property in the Oak Knoll complex, but in a different location. He indicated that the School District is considering building the ALC on the youth baseball field using only one field for the project. The School District is suggesting that the city could obtain ownership of the balance of the soccer fields as part of this proposal. Mayor Duitsman indicated that his first choice would be to have the ALC located in the City of Otsego. Councilmember Dietz indicated that the Oak Knoll fields are prime fields in the City of Elk River and would rather not see the ALC located at this location. He indicated that there are other locations available such as the fields between Salk and Vandenberge schools. Councilmember Holmgren indicated that he is in favor of this concept as it would give the city control of all of the fields including the varsity field. Councilmember Farber indicated that it was agreed in concept not to destroy the Oak Knoll Park two years ago. He stated that the issue is back once again and he is opposed to the request. Pattie Scharber, School Board Representative, respectfully urged the City Council to help serve the children who use the ALC by accepting the proposal and working together with the School District. Councilmember Thompson stated that the School District should be looking at a piece of land that is largest enough to expand the ALC in order to accommodate the growing needs of the District. Pattie Scharber informed the Council that the reason the School District is looking at the Oak Knoll fields is due to its location to the high school. She indicated that a majority of the students attending ALC utilize both the high school and the ALC center during the day. She indicated that moving the ALC to Otsego or Zimmerman would be too expensive for the School District due to busing needs and would be inconvenient for the students. Discussion was held by the Council regarding the exchange of property between the city and the School District. There was a question as to how much property the School District would be willing to turn over to the city for the use of the youth baseball field to build an ALC. Dana Anderson indicated that the Park and Recreation Commission had some concerns with the parking needs of the ALC. Tom Cruz, Elk River Youth Baseball Organization, indicated the organization's concern of losing a field and its concern about the cost of replacing fields. Tom Mesich, Planning Commission Representative, also indicated his concern regarding losing baseball fields. MAYOR DUITSMAN MOVED TO AUTHORIZE STAFF TO MEET WITH DR. FLANNERY TO WORK OUT THE DETAILS AND TO MAKE ANOTHER PRESENTATION TO THE CITY COUNCIL. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting June 16~ 1997 Page 7 6.4. 6.5. 6.6. 6.7. 6.8. 6.9. Utilities Commission Update - Councilmember Diet;, Councilmember Dietz updated the City Council on issues discussed at the June 4, 1997, Utilities Commission meeting. Community Recreation Board Update - Jeff Asfahl Community Recreation Director Jeff Asfahl updated the City Council on May and June activities of the Community Recreation Board and the Community Recreation Department. Consider Ordinance Amendment Reqardin.q Number of Pull Tab Operations in One Establishment The City Clerk indicated that the City Council has requested staff to draft an amendment to the city's gambling ordinance allowing only one premise permit per premise. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-12 AMENDING SECTION 716.06 OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO PREMISE PERMITS FOR CHARITABLE GAMBLING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Ordinance Amendment Establishinq a Curfew for Minors The City Clerk indicated that the Police Chief has requested the City Council to consider amending the city's curfew ordinance to be consistent with Sherburne County's curfew ordinance. ,She indicated that according to state statutes, the city and county ordinances must be consistent. COUNCILMEMBER DIETZ MOVED TO ADOPT ORDINANCE 97-13 AMENDING CHAPTER 4 OF THE CITY CODE, PENAL REGULATIONS, BY REPEALING SECTION 400, CURFEW, AND ENACTING A NEW SECTION 400 IN LIEU THEREOF, RELATING TO THE SAME SUBJECT ENTITLED CURFEW. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Resolution Approvinq Geometric Layout of TH10 Left Turn at Simonet Drive City Engineer Terry Maurer reviewed the preliminary layouts for the improvement of TH 10 at Simonet Drive. He informed the Council that construction would take place after Labor Day. COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION 97-51 APPROVING THE GEOMETRIC LAYOUT OF THE LEFT TURN IMPROVEMENT LOCATED AT SIMONET DRIVE AND TH 10. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Consider Chanqe Order for TH 10/Joplin Street Project to add Emerqency Vehicle Preemption System City Engineer Terry Maurer presented a change order to the Joplin Street/TH 10 Signalization Project. He stated that the change order consisted of wiring the Elk River City Council Meeting June 16, 1997 Page 8 warning flasher that is part of the signal system and adding an emergency vehicle preemption system to the signal installation. The total change order is in the amount of $5,118.30. Terry Maurer indicated that according to the cooperative agreement, MnDOT will participate in half of the cost associated with the change order. COUNCILMEMBER FARBER MOVED TO APPROVE CHANGE ORDER #1 FOR THE JOPLIN STREET/TH 10 SIGNALIZATION PROJECT IN THE AMOUNT OF $5,118.30. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.10. Discussion on TH 169 Fencing Project City Engineer Terry Maurer explained that the plans and specifications for the fencing of the TH 169 corridor from Main Street to 193rd Avenue have been completed. He indicated that the specifications include a six foot high chain link fence being placed one foot inside of the highway right-of-way. This placement will cause the loss of some trees south of 5~h Street, east of 169, and also other trees will need to be significantly trimmed. He stated that there are three exceptions to this location which are as follows: · Dodge Avenue - between 5th Street and Elk Hills Drive the fence will be moved 12 feet inside the highway right-of-way · Along the Auto Mall, Pizza Hut, and SuperAmerica on the west side of Highway 169 north of Main Street - in this location the fence will be located 30 feet off of the highway right-of-way line · The large wetlands south of Rick Foster's office - in this location the fence will follow the edge of the water. The City Engineer indicated that he has researched the cost of constructing a green vinyl coated fence around the pond on 193rd Avenue. He stated that this type of fence would add between $6 and $7 per linear foot and the additional cost that would be borne by the city totaling between $72-$84,000. Mayor Duitsman indicated that he supports the fence, but is not in favor of the extra cost for the vinyl fence. COUNCILMEMBER FARBER MOVED TO SUPPORT THE PROPOSED PLANS AND SPECIFICATIONS FOR THE FENCING OF THE TH 169 CORRIDOR FROM MAIN STREET TO 193RD AVENUE WITH THE FENCE TO BE PLACED ONE FOOT INSIDE OF THE HIGHWAY RIGHT-OF-WAY WITH THE THREE EXCEPTIONS LISTED ABOVE IN THESE MINUTES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.1, Camas MN (Shiely) Request for Conditional Use Permit (Masonry Block Plant), Public Hearin.q Case No. CU 97-8 Planning Assistant Scott Harlicker stated that Camas MN has requested a conditional use permit for the construction of a masonry block manufacturing plant located at 11717 205th Avenue NW. Scott Harlicker reviewed the staff report on this request. Planning Commission Representative Tom Mesich stated that the Planning Commission recommended approval of the request. Elk River City Council Meeting June 16, 1997 Page 9 Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Councilmember Thompson indicated he had a concern about the site line and the need for a stop sign at the exit. He also indicated that two exits would increase the traffic flow on County Road 33. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY CAMAS MN (SHIELY MASONRY) FOR THE EXPANSION OF THEIR CONCRETE BLOCK PRODUCTION FACILITY WITH THE FOLLOWING CONDITIONS: SITE IMPROVEMENTS SHALL BE COMPLETED IN 3 PHASES AS SHOWN ON THE PHASING PLAN. PHASE ONE SHALL BE COMPLETED BY JULY 1, 1998, PHASE 2 BY JULY 1, 1999 AND PHASE 3 BY JULY 1, 2000. 2. LANDSCAPING WILL BE COMPLETED AS PART OF PHASE 1. RIGHT TURNS LANES ARE REQUIRED AT THE EXISTING AND PROPOSED ACCESSES UNLESS MODIFIED BY THE REDESIGN OF COUNTY ROAD 33. THE EXTERIOR OF THE PROPOSED EXPANSION OF THE EXISTING BUILDING AND THE PROPOSED NEW BLOCK PRODUCTION BUILDING WILL MATCH THE EXTERIOR OF THE EXISTING BUILDING. THE EAST ENTRANCE BE PAVED AND PROVIDED WITH CURB AND GUTTER. THE CURB AND GuI'rER SHOULD BE CONTINUED BACK TO A LINE THAT IS PARALLEL TO THE FRONT OF THE EXISTING BUILDING AND INCLUDE THE CONNECTION WITH THE PLAISTED FACILITY. THE PAVING SHOULD BE EXTENDED SO THAT IT CONNECTS WITH THE PAVED AREA CURRENTLY USED AS EMPLOYEE PARKING AND INCLUDE THE AREA AROUND THE AGGREGATE BINS IN THE SOUTHEAST CORNER OF THE SITE. THE WEST ENTRANCE SHALL BE PAVED INCLUDING DRIVE AISLES TO THE AGGREGATE BINS. CURB AND GUTTER SHALL BE CONTINUED FROM COUNTY ROAD 33 BACK TO THE BEGINNING OF THE CURVE. EXACT LOCATION OF THE SECOND ACCESS WILL BE VERIFIED AND APPROVED BY SHERBURNE COUNTY HIGHWAY DEPARTMENT AND CITY OF ELK RIVER. o A SITE PLAN WILL NEED TO BE SUBMITTED ILLUSTRATING THE NECESSARY IMPROVEMENTS FOR STAFF REVIEW AND APPROVAL. ALL IMPROVEMENTS BE MADE FROM THE PLANNED 100 FOOT RIGHT-OF-WAY ALONG COUNTY ROAD 33. 10. TO INCLUDE A STOP SIGN AT THE ACCESS POINTS. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Meeting June 16, 1997 Page 10 7.2. 7.3. 7.4. 7.5. Pinnacle Foods [Perkins Restaurant) Request for Appeal to Conditional Use Permit, Public Hearinq Case No. CU 97-1 City Planner Steve Ach indicated that Pinnacle Foods, LP is requesting a conditional use permit to amend Elk River Retail Planned Unit Development Agreement to install a 70 foot high structure located at the Perkins Restaurant at the northeast corner of Elk Hills Drive and US Highway 169. Steve Ach stated that the 70 foot structure is a flag pole. Steve Ach further stated that the Council heard this issue once before and recommended that it be reconsidered by the Planning Commission. Steve Ach stated that the Planning Commission recommended denial of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNClLMEMBER FARBER MOVED TO APPROVE THE REQUEST FOR A CONDITIONAL USE PERMIT BY PINNACLE FOODS, LP TO INSTALL A 70 FOOT HIGH STRUCTURE. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Dietz and Mayor Duitsman opposed. Larry Morrell Request for Zone Chanqe from I1 to PUD, Public Hearinq Case NO. ZC 97-2 Larry Morrell Request for Preliminary Plat, Public Hearinq Case No. P 97-1 ~ Larry Morrell Request for Conditional Use Permit, Public Hearinq Case No. CU 97-17 Planning Assistant Scott Harlicker indicated that Morrell Transfer is requesting to rezone approximately 3.5 acres from light industrial to planned unit development. Morrell Transfer is further requesting a preliminary plat to subdivide approximately 23.5 acres into one industrial lot. Scott Harlicker stated that Morrell Transfer is requesting a conditional use permit for site plan review of the proposed planned unit development to be located at the southwest corner of 171st Avenue and the Burlington Northern Railroad tracks. He explained that Morrell Transfer is proposing to construct a 50,690 square foot trucking facility. Scott Harlicker reviewed the staff report on these issues. Mayor Duitsman opened the public hearing for these three items. There being no one for or against these matters, Mayor Duitsman closed the public hearings. Planning Commission Representative Tom Mesich indicated that the Planning Commission recommended approval, however, the Planning Commission felt that this would add a lot more truck traffic to Highway 10. COUNClLMEMBER FARBER MOVED TO ADOPT ORDINANCE 97-14, AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM LI/LIGHT INDUSTRIAL TO PUD/PLANNED UNIT DEVELOPMENT, CASE NO. ZC 97- 2, BASED ON THE FOLLOWING FINDINGS: THE REZONING AND PROPOSED DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN TO ESTABLISH AN INDUSTRIAL CORRIDOR ALONG 171ST AND THE NEW NORTH/SOUTH CORRIDOR. Elk River City Council Meeting June 16, 1997 Page 11 THE REZONING WILL ALLOW MORRELL TRANSFER TO MOVE THEIR OPERATIONS FROM THEIR CURRENT SITE AT THE CORNER OF JACKSON AVENUE AND SCHOOL STREET WHICH POSES A HEALTH AND SAFETY ISSUE. THE REZONING IS CONSISTENT WITH THE CITY'S ECONOMIC DEVELOPMENT STRATEGY TO PROMOTE BUSINESS RETENTION WITHIN THE COMMUNITY. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE PRELIMINARY PLAT REQUESTED BY MORRELL TRANSFER TO PLAT 23.5 ACRES INTO ONE LOT WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF APPROVAL. A PLANNED UNIT DEVELOPMENT AGREEMENT IS PREPARED AND EXECUTED. SURFACE WATER MANAGEMENT FEE BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING. THE BOUNDARIES OF THE PLAT BE REVISED TO SHOW THE PROPERTY OWNED BY THE APPLICANT. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 6. THE UPA POWER LINE EASEMENT BE SHOWN ON THE PLAT. 7. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 9. THE CARGILL EASEMENT BE RESOLVED IN FAVOR OF THE APPLICANT 10. THE APPLICANT FILE A REQUEST THAT THE CITY VACATE THE 16 FOOT CARTWAY EASEMENT ALONG 171ST AVENUE. 11. AN NPDES PERMIT WILL BE REQUIRED PRIOR TO GRADING ON THE SITE. 12. CLOSING OF THE RAILROAD CROSSING BE DONE PRIOR TO FINAL PLAT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE A CONDITIONAL USE PERMIT REQUESTED BY MORRELL TRANSFER FOR SITE PLAN APPROVAL TO DEVELOP A 50,690 SQUARE FOOT TRUCKING FACILITY WITH THE FOLLOWING CONDITIONS: ALL THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED MAY 21, 1997 BE ADDRESSED. Elk River City Council Meeting June 16, 1997 Page 12 THE WETLAND MITIGATION BE APPROVED AND WETLAND PERMITS APPROVED PRIOR TO COMMENCING WORK ON SITE. 3. THE MAXIMUM WIDTH ALLOWED FOR A DRIVEWAY IS 40 FEET. THE PARKING AREA ON THE EAST SIDE OF THE ENTRANCE WILL HAVE TO BE REVISED SO THAT IT IS ENTIRELY ON PROPERTY OWNED BY THE APPLICANT AND MAINTAINS A 10 FOOT SETBACK FROM THE PROPERTY LINE AND A 25 FOOT SETBACK FROM THE RIGHT OF WAY FOR 171ST AVENUE. THE DEVELOPMENT PLANS SHOULD INCLUDE HOW THE SOUTHEAST CORNER OF THE LOT WILL BE DEVELOPED. THE AREA SHOULD BE SURFACED AND FENCED IN ORDER TO CONTAIN THE STORAGE TO A SPECIFIC AREA. THE FENCE SHALL NOT BE LOCATED CLOSER THAN 20 FEET TO ANY WETLAND OR 10 FEET TO ANY PROPERTY LINE. THE PAVEMENT SETBACK ALONG THE WEST PROPERTY LINE IN THE TRUCK PARKING AND LOADING AREA SHOULD BE 12 FEET SO THAT THE OVERHANG OF THE TRUCKS AND TRAILERS DOES NOT DAMAGE EXISTING AND PROPOSED VEGETATION. THE LANDSCAPE PLAN WILL HAVE TO BE REVISED SO THAT IT COMPLIES WITH THE CITY'S LANDSCAPING STANDARDS. ADDITIONAL EVERGREEN TREES SHOULD BE PLANTED ALONG THE EAST PROPERTY LINE AS A SUPPLEMENT TO THE EXISTING VEGETATION. AN UNDER GROUND IRRIGATION SYSTEM WILL NEED TO BE IN PLACE IN ALL FRONT YARD LANDSCAPED AREAS. 10. THE TRASH COMPACTOR SHALL BE LOCATED ON THE EAST SIDE OF THE LOADING DOCKS. 11. TEST PITS AND BORINGS SHOULD BE DONE IN ORDER TO ASSURE THE SUITABILITY FOR THE PROPOSED SEPTIC SYSTEM. 12. THE BUILDING SHOULD BE DESIGNED TO HOOKUP TO MUNICIPAL UTILITIES WHEN THEY ARE EXTENDED INTO THIS AREA. 13. SPRINKLING THE BUILDING MAY BE REQUIRED DEPENDING ON THE BUILDING PERMIT REVIEW. 14. CURBING SHALL BE EXTENDED ON THE EAST SIDE OF THE TRUCK PARKING AREA ALONG THE DRAINAGE POND. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.6. Consider Sale of City Property to Morrell Transfer City Planner Steve Ach indicated that Larry Morrell is requesting the city to consider selling property on the south side of 171st Avenue. He stated the property is a triangular piece measuring approximately 6,000 square feet. The sale of the property will allow more parking area for Morrell Transfer. Steve Ach Elk River City Council Meeting June 16, 1997 Page 13 indicated that there were three issues relating to this request: 1 ) right-of-way, 2) landscaping area, and 3) value of property. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE SALE OF THE PROPERTY TO LARRY MORRELL FOR $2,200. COUNCILMEMBER THOMPSON SECONDED THE MOTION. Discussion was held regarding Larry Morrell's request for the city to give him the property along 171st Avenue at no cost. Steve Ach indicated that the city is requesting $2,200 for the property which is a pro-rated price based on the price the city paid last year for the entire parcel. Councilmember Thompson asked Larry Morrell what price he would be willing to pay for the property. Larry Morrell indicated he would be willing to pay $500. Councilmember Holmgren withdrew his motion. Councilmember Thompson withdrew his second. It was the consensus of the Council to continue this issue until an agreement can be made between Larry Morrell and staff regarding the cost of the property. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ITEM TO JUNE 30, 1997, TO GIVE STAFF AND LARRY MORRELL TIME TO NEGOTIATE THE COST FOR THE PROPERTY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. 7.7, Request by Howard Dunham for Preliminary and Final Plat (Dunham Addition), Public Hearinq Case No. P 97-6U Planning Assistant Scott Harlicker indicated that Howard Dunham is requesting a preliminary and final plat to subdivide approximately 43 acres into four residential lots at 22878 Elk Lake Road. Scott indicated that the applicant is proposing to subdivide the 43 acres into four lots; one 35.53 acre lot and three 2.5 acre lots. The property is located on the west side of County Road 1, north of the intersection with Fresno Street. Scott Harlicker reviewed the staff report on this issue. Mayor Duitsman opened the public hearing. Joe Johnson questioned whether the rest of the land would be subdivided and whether the soil has been checked for contamination. There being no further comments, Mayor Duitsman closed the public hearing. Steve Ach indicated that according to Sherburne County the site has been checked and cleaned and that there was no contamination or traces of metal found in the soil. After further discussion regarding the soil it was the consensus of the Council to receive verification from the Minnesota Pollution Control Agency and the county regarding the condition of the soil. Elk River City Council Meeting Page 14 June 16, 1997 COUNCILMEMBER FARBER MOVED TO APPROVE THE REQUEST FOR A PRELIMINARY PLAT BY HOWARD DUNHAM WITH THE FOLLOWING CONDITIONS: 1. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $200.49 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 2. PARK DEDICATION FEE IN THE AMOUNT OF $1800.00 BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 3. ALL WETLANDS ON THE SITE BE DELINEATED AND TYPED WITH DRAINAGE AND UTILITY EASEMENTS GRANTED TO THE CITY OVER THE WETLANDS. 4. THE NON-CONFORMING SHED ON THE NORTH PROPERTY LINE SHALL BE REMOVED PRIOR TO RECORDING THE PLAT. 5. THE PLAT BE REVISED TO SHOW PROPOSED LOCATIONS FOR PRIMARY AND SECONDARY SEPTIC SYSTEMS AND WELLS. 6. ALL NECESSARY COUNTY PERMITS BE RECEIVED PRIOR TO COMMENCING ANY WORK IN THE COUNTY RIGHT-OF-WAY. 7. IF NEEDED, ADDITIONAL RIGHT-OF-WAY BE PROVIDED ALONG COUNTY ROAD 1 IN ORDER TO ACHIEVE 50 FOOT HALF RIGHT-OF-WAY. 8. SOIL BORINGS BE PROVIDED TO DEMONSTRATE THE SITE CAN SUPPORT SEPTIC SYSTEMS AND LOWEST FLOOR ELEVATIONS. 9. A DEED RESTRICTION BE RECORDED ON LOT 1 THAT RESTRICTS FURTHER SUBDIVISION OF THAT LOT. 10. APPROVAL FROM THE MPCA AND SHERBURNE COUNTY INDICATING THAT THE PROPERTY HAS BEEN CLEANED AND IS SUITABLE FOR SUBDIVISON. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO APPROVE RESOLUTION 97-52 GRANTING FINAL PLAT APPROVAL FOR DUNHAM ADDITION, CASE NO. P 97-6. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Councilmember Farber left at this time (9:00) 7.8. Request by James Maplethorpe for Administrative Subdivision, Public Hearin.q Case No. AS 97-4 Planning Assistant Scott Harlicl<er indicated that James Maplethorpe is requesting an administrative subdivision to subdivide a five acre lot into two 2.5 acre lots. The property is located on 196th Avenue west of Ogden Street. Scott Harliclcer reviewed staff report on this request. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. Elk River City Council Meeting June 16, 1997 Page 15 COUNCILMEMBER THOMPSON MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY JAMES MAPLETHORPE WITH THE FOLLOWING CONDITIONS: THE LOCATION OF THE EXISTING STRUCTURES, WELL AND SEPTIC SHALL BE SHOWN ON THE SURVEY. THE PROPOSED LOCATION FOR THE HOUSE, WELL, PRIMARY AND ALTERNATE SEPTIC SYSTEMS SHALL BE SHOWN FOR PARCEL A. FIVE FOOT DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED ALONG ALL PROPERTY LINES AND TEN FEET ALONG THE STREET RIGHT-OF-WAY. DOCUMENTATION SHOWING PROOF OF OWNERSHIP OF THE AREA OF PARCEL A, WEST OF THE FENCE, NOTED ON THE SURVEY AS "OTHERS MAY LAY CLAIM TO LAND LYING WEST OF THE FENCE". THE JUNK VEHICLES AND DEBRIS SHALL BE REMOVED PRIOR TO RECORDING THIS SUBDIVISION WITH SHERBURNE COUNTY. PAYMENT OF A PARK DEDICATION FEE IN THE AMOUNT OF $600 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. o PAYMENT OF A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT OF $61.80 FOR THE NEW LOT BEING CREATED TO BE PAID PRIOR TO RECORDING THE ADMINISTRATIVE SUBDIVISION. o IN ORDER TO PREVENT THE SPREADING OF OAK WILT, THE APPLICANT SHALL TAKE ALL NECESSARY PRECAUTIONS AND FOLLOW PROPER cu'n'ING PROCEDURES WHEN REMOVING TREES. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 4-0. 7.9. Consider Initiatinq Comprehensive Plan Amendment to Expand Urban Service Boundary City Planner Steve Ach indicated that staff is requesting the Council to consider including an area immediately south of County Road 12 and west of Filmore, extending south towards 173rd Avenue, into the urban service boundary. He indicated that this would be a Comprehensive Plan amendment. Tom Mesich, Planning Commission Representative, indicated that the Council should ask whether this area needs to be a high density area or whether commercial or industrial would be a better use. He indicated that a high density area would promote overcrowded schools and risk higher taxes for the City of Elk River. COUNCILMEMBER HOLMGREN MOVED TO INITIATE THE COMPREHENSIVE PLAN AMENDMENT TO EXPAND THE URBAN SERVICE BOUNDARY TO INCLUDE AN AREA THAT COULD BE REASONABLY SERVED WITH THE EXTENSION OF SEWER AND WATER. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTIN CARRIED 4-0. Elk River City Council Meeting June 16, 1997 Page 16 7.10. 7.11. 7.12. 7.13. 7.14. Consider Initiatinq Rezonin.q of Properties Identified in Strateqic Plan City Planner Steve Ach indicated that staff is requesting the Council to consider initiating a rezoning and land use plan on areas # 1 and #4 in the Economic Development Strategic Plan. COUNCILMEMBER HOLMGREN MOVED TO CONSIDER INITIATING THE REZONING AND LAND USE AMENDMENTS FOR AREAS 1 AND 4. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Consider Initiatinq Ordinance Amendment Relatinq to Driveway Widths COUNCILMEMBER HOLMGREN MOVED TO INITIATE THE ORDINANCE AMENDMENT AND DIRECT STAFF TO RESEARCH APPROPRIATE DIMENSIONS FOR A RESIDENTIAL DRIVEWAY ONTO A PUBLIC ROAD. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. Update on Mobile Home Pork Closinq City Planner Steve Ach informed the Council that there is a sunset date of one year from the time the purchase agreement was signed on the mobile home park closing. He stated that by August 8, 1997, the developers must give 60 days notice to the residents. He indicated that if the residents do not receive the notice by August 8, the park closure process would need to start over. Update on Resident Concern at Pinewood Golf Course City Planner Steve Ach indicated that the city has received a complaint from a resident of Pinewood Golf Course. The complaint relates to golf balls being hit into the residents yard and causing a safety concern for the family. Steve Ach indicated that the resident has requested to install a net to prevent golf balls from entering the yard. He indicated the net would be 25 feet tall and run about 80 feet along the rear portion of the property. Steve Ach stated that technically, this would be considered a fence and therefore staff is recommending the resident apply for a variance to the maximum fence height in a residential zone. He stated that this variance would be presented to the Board of Adjustments. City En,qineer Update on Construction Projects City Engineer Terry Maurer distributed a handout regarding the TH 169/197th Avenue signalization construction bids. He indicated the city has received the bids for this project. Councilmember Thompson indicated he would not be opposed to waiting to install the signal at a later date when it may be more warranted. It was the consensus of the Council to reject all bids and Terry Maurer was directed to prepare a resolution for consideration at the next Council meeting. Orono Lake 3rd Improvements - City Engineer Terry Maurer indicated that the Orono Lake 3rd improvements are well underway. He indicated that there is an opportunity to build an extension of the detached pathway along County Road Elk River City Council Meeting June 16, 1997 Page 17 30 from Fresno Street to Denver Street. He indicated that the trail would affect four homes and stated that he would contact the owners of these homes. Mary Wells indicated that she is one of the four homeowners. She indicated she would rather not see the trail installed and she further indicated that she is concerned with how the trail will affect drainage in the area and the safety of backing vehicles out of driveways, across the trail, and the possibility of not seeing pedestrians. It was the consensus of the Council that this was an opportune time to construct the trail in this area. COUNCILMEMBER HOLMGREN MOVED TO PROCEED WITH THE CONSTRUCTION OF THE TRAIL ALONG COUNTY ROAD 30 FROM FRESNO STREET TO DENVER STREET. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. 8. Other Business These items were heard previously in the agenda. 9. Staff Updates There were no staff updates. 10. Adjournment There being no further business, COUNCILMEMBER HOLMGREN MOVED TO ADJOURN THE MEETING. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River City Council was adjourned at 9:35 p.m. Respectfully submitted, 'Sandra Thackeray City Clerk