05-15-1995 CC MIN
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MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, MAY 15,1995
Members Present:
Mayor Duitsman, Councilmembers Farber, Scheel, Holmgren, and
Dietz
Members Absent:
None
Staff Present:
Pat Klaers, City Administrator; Steven Ach, City Planner; Peter
Beck. City Attorney; Terry Maurer, City Engineer; Sandra
Thackeray, City Clerk; Phil Hals, Street/Park Superintendent; Steve
Rohlf, Building and Zoning Administrator
Also Present:
Judy Thompson, Planning Commission Representative
1. Call Meetina To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 6:00 p.m. by Mayor Duitsman.
2.
Consider May 15,1995, City Council Aaenda
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The City Administrator indicated that he had some staff updates to add under
Other Business.
COUNCILMEMBER FARBER MOVED TO APPROVE THE MAY 15, 1995, CITY COUNCIL
AGENDA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED
5-0.
3. Consider Consent Aqenda
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS:
4. 5/8/95 CITY COUNCIL MINUTES
THE FOLLOWING CORRECTION WAS MADE; ITEM 12.2. - 12,000 SQUARE
FOOT FACILITY AMENDED TO 16,000 SQUARE FOOT FACILITY.
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5/8/95 CITY COUNCIL MINUTES APPROVED AS AMENDED.
5.10. FINAL PAY ESTIMATE IN THE AMOUNT OF $2, 419 TO KUE CONTRACTORS,
INC., FOR COMPLETION OF THE LIBRARY EXPANSION PROJECT --
APPROVED
CHANGE ORDER #2 IN THE AMOUNT OF $419.00 FOR THE LIBRARY
EXPANSION PROJECT -- APPROVED
5.1b. PAY ESTIMATE #3 TO BARBA ROSSA AND SONS INC., IN THE AMOUNT OF
$299,838.18 FOR WORK COMPLETED ON THE WESTERN AREA PHASE II
IMPROVEMENTS -- APPROVED
City Council Meeting
May 15, 1995
Page 2
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5.1 c. CHANGE ORDER #2 FOR THE WESTERN AREA IMPROVEMENTS IN THE AMOUNT
OF $380,872.96, AND CHANGE ORDER #3 FOR THE ALIGNMENT OF ORONO
ROAD IN THE AMOUNT OF $65,192.60 u APPROVED
5.2. SPECIAL ASSESSMENT REAPPORTIONMENT FOR HILLSIDE ESTATES 4TH
ADDITION u APPROVED
5.3. CITY REQUEST FOR $400 FROM THE AMERICAN LEGION PULL TAB OPERATION
TO REPLACE THE FLAGS AT LION'S PARK u APPROVED
5.9. CITY REQUEST TO THE FOLLOWING CHARITABLE GAMBLING ORGANIZATIONS
FOR $2,000 FROM EACH ORGANIZATION TO ASSIST IN THE CITY'S FINANCIAL
SUPPORT OF THE 4TH OF JULY CELEBRATION:
· FRATERNAL ORDER OF EAGLES
· AMERICAN LEGION POST #112
. VFW POST #5518
. CELEBRITY BOWL u APPROVED
9. CHECK REGISTER u APPROVED
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
5.4. Utilities Commission Uodate
Councilmember Dietz informed the Council that the agenda for the upcoming
June Utilities Commission will include the presentation of the 1994 Audit and wage
negotiations with linemen.
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5.5. Community Recreation Board Uodate
Councilmember Holmgren stated that he would have no update until after the
upcoming Recreation Board meeting.
5.6. Consider Reauest to Hire Secretarv/Receotionist
The City Clerk stated that after interviewing eight applicants for the
Secretary/Receptionist position, she and Lori Johnson are recommending that the
City Council hire Michelle Dwyer for the position at $7.80 per hour beginning May
30, 1995.
MAYOR DUITSMAN MOVED TO HIRE MICHELLE DWYER FOR THE
SECRETARY/RECEPTIONIST POSITION AT $7.80 PER HOUR WITH ONE-HALF YEAR'S
CLOTHING ALLOWANCE IN 1995. COUNCILMEMBER DIETZ SECONDED THE MOTION.
THE MOTION CARRIED 5-0.
5.7. Consider Ordinance Amendment Relatina to the Burnino Ordinance
The City Clerk stated that staff is requesting an amendment to the City's recently
revised Open Burning Ordinance. She reviewed the two main areas of revision.
She stated that the first revision amends the hours of open burning to allow open
burning from 6:00 p.m. to 8:00 a.m. She further explained that the second main
revision relates to recreational fires. This revision offers a more clear
understanding of the parameters for recreational fires.
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City Council Meeting
May 15.1995
Page 3
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COUNCILMEMBER FARBER MOVED TO ADOPT ORDINANCE 95-10. AN ORDINANCE
AMENDING SECTION 410 OF THE CITY CODE RELATING TO OPEN BURNING.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0.
5.8.
Consider Resolution Enterina into Joint Partnershio Proaram Between the City of
Elk River and MnDOT
Street/Park Superintendent Phil Hals informed the City Council that recently the
City entered into a landscape partnership agreement with MnDOT. The
agreement allowed for landscaping improvements along T.H. 10 from Highway
169 to the west city limits. Phil Hals stated that the beautification project was
completed on May 6 and commended the volunteers who assisted in the
project.
Phil Hals stated that in order for the City to receive payment from MnDOT in the
amount of $4.313 for the planting materials. 'the attached resolution must be
adopted.
COUNCILMEMBER DIETZ MOVED TO ADOPT RESOLUTION 95-23, A RESOLUTION
ENTERING INTO AGREEMENT NO. 73436 WITH THE STATE OF MINNESOTA,
DEPARTMENT OF TRANSPORTATION, DESIGNATED AS THE ELK RIVER BEAUTIFICATION
PLAN. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED
5-0.
6.1.
Street/Park Annual Reoort
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Street/Park Superintendent Phil Hals presented the Street/Parks Department 1994
Annual Report. The need for a full time mechanic was discussed at length by the
City Council. Councilmember Farber requested Phil Hals to provide the Council
with a cost analysis regarding the hiring of a mechanic.
The City Council thanked the Street/Park Superintendent for the Annual Report
presentation.
6.2. Buildina and Zoning Annual Reoort
Steve Rohlf. Building and Zoning Administrator reviewed the 1994 Building and
Zoning Annual Report. The City Council thanked the Building and Zoning
Administrator for the Annual Report presentation.
The City Council recessed at 7:05 p.m. and reconvened at 7:10 p.m.
7. Ooen Mike
There was no one present for this item.
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City Council Meeting
May 15. 1995
Page 4
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8.1.
Conditional Use Permit for Mineral Excavation bv Shielv Comoany/Public Hearina.
Case No. CU 95-04
Building and Zoning Administrator Steve Rohlf stated that the Shiely Company is
requesting a conditional use permit for mineral excavation. He stated that this
issue was continued by the City Council on April 17 to allow staff time to include
language which would allow hours of operation outside of the normal hours for
unique situations. Steve Rohlf indicated that condition No. 12 in the conditional
use permit reflects this new language.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter. Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO APPROVE A CONDITIONAL USE PERMIT FOR
MINERAL EXCAVATION FOR THE SHIELY COMPANY. COUNCILMEMBER DIETZ
SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.2. Easement Vacation Reauest by Hakanson Anderson Associates. Public Hearina.
Case No. EV 95-03
City Planner Steven Ach stated that Hakanson Anderson Associates is requesting
a vacation of drainage and utility easements in Outlot A of Hillside Estates Third
Addition.
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Mayor Duitsman opened the public hearing. There being no one for or against
the matter. Mayor Duitsman closed the public hearing.
COUNCILMEMBER FARBER MOVED TO ADOPT RESOLUTION NO. 95-24, A
RESOLUTION FOR VACATING DRAINAGE AND UTILITY EASEMENTS. COUNCILMEMBER
DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.3 Caraill Animal Nutrition Center Reauest for Conditional Use Permit, CU 95-05
City Planner Steve Ach stated that Cargill Animal Nutrition Center is requesting a
conditional use permit to allow the following:
· Existing and proposed feed lot operation.
· Improve their existing operation by removing several outdated buildings and
replacing them with six new fully enclosed buildings.
· Proposing to produce approximately six hundred additional feeder pigs per
year.
Steve Ach reviewed staff report on this issue. He stated that the Planning
Commission concurred with staffs findings and recommended approval of the
conditional use permit.
Mayor Duitsman opened the public hearing. There being no one for or against
the matter. Mayor Duitsman closed the public hearing.
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Council member Scheel stated that she disagreed with staffs recommendations
regarding color of buildings. number of trees to be planted. and the suggestion
that all buildings must look alike.
City Council Meeting
May 15. 1995
Page 5
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Rita Schmal. representing Cargill, indicated that their buildings have a similar
color scheme and they had planned on planting some trees.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT
REQUESTED BY CARGILL TO ALLOW EXPANSION OF THEIR EXISTING SWINE RESEARCH
CAPABILITIES AND FOR THEIR EXISTING FEED LOT WITH THE FOUOWING CONDITIONS:
1. THAT THE APPLICANT MEET ALL OF THEIR REQUIREMENTS AS SET FORTH IN THE
FEED LOT PERMIT FROM THE MINNESOTA POLLUTION CONTROL AGENCY.
2. THAT TREES BE PLANTED ALONG 165TH AVENUE NEAR THE SECURITY FENCE TO
ACT AS A VISUAL ENHANCEMENT TO THE FARM SITE.
3. THAT THE NEWLY CONSTRUCTED BUILDINGS BE PAINTED TO MATCH THE
EXISTING BUILDINGS.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5..0.
8.4
Administrative Subdivision Request by Joyce Mickelson, Public Hearinq, No, AS 95-
04
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City Planner Steve Ach stated that Joyce Mickelson is requesting an
administrative subdivision to divide a 43.63 acre parcel into a 6.18 acre parcel
and a 37.45 acre parcel. The parcel of property is located south of 217th Avenue
and immediately west of county road 32. Steve Ach stated that parcel A will
have access onto 217th Avenue which is a county road. He indicated that the
Sherburne County Engineers office requested an additional 17 feet of right-of-
way along 217th Avenue and County Road 32.
Mayor Duitsman opened the public hearing.
Joyce Mickelson, property owner, questioned the need for the additional 17 feet
of right-of-way along County Roads 32 and 33. She indicated that granting of this
right-of-way will cost her several thousand dollars. After discussion regarding this
issue it was noted that the portion of County Road 33 involved in the
administrative subdivision is a City road and therefore the need for additional 17
feet of right-of-way would be unnecessary along County Road 33 (217th Avenue).
It was the consensus of the Council that an additional 17 feet of right-of-way
would only be required along County Road 32.
There being no further discussion, Mayor Duitsman closed the public hearing.
COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION
REQUEST BY JOYCE MICKELSON TO DIVIDE A 43.63 ACRE PARCEL INTO A 6.1 ACRE
PARCEL AND A 37.45 ACRE PARCEL WITH THE FOLLOWING CONDITIONS:
1.
A DRAINAGE AND UTILITY EASEMENT BE GRANTED TO THE CITY OVER THE
EXISTING WETLAND ON PARCEL A AND B.
PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $500.00 BE PAID TO
THE CITY PRIOR TO RECORDING.
PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE IN THE AMOUNT
OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING.
2.
3.
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City Council Meeting
May 15. 1995
Page 6
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4.
AN ADDITIONAL 17 fOOT Of RIGHT-Of-WAY ALONG COUNTY ROAD 32 BE
GRANTED TO THE COUNTY.
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-
O.
8.5 Dennis Anderson Reauest for Comorehensive Land Use Desianation From Medium
Density Residential to Hiahwav Business. Public Hearina. Case No. LUA 95-04
8.6 Dennis Anderson Reauest for Rezonina from Sinale Familv Residential to Planned
Unit Develooment. Public Hearina. Case No. ZC 95-04
8.7 Dennis Anderson Reauest for a Conditional Use Permit for a Commercial Planned
Unit Develooment. Public Hearina. Case No. CU 95-06 (this item will not be
considered at this time).
City Planner Steve Ach stated that Dennis Anderson is requesting a
comprehensive land use plan amendment changing the land use from MR
(Medium Density Residential) to HB (Highway Business Residential) for Outlot A
Brentwood subdivision located on the southwest corner of 197th Avenue and
Highway 169. Steve Ach further stated that Dennis Anderson is requesting a
rezoning of the same parcel of property from R 1 C (Single Family Residential) to
PUD (Planned Unit Development) based on the submitted concept plan.
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Steve Ach reviewed the staff report regarding these two requests. Steve Ach
stated that staff recommends that the City Council consider one of three actions:
1. Deny the comprehensive land use plan amendment and rezoning.
2. Recommend that the plans be revised by reducing the amount of
commercial and send the applications back to the Planning Commission
for consideration.
3. Approve the comprehensive land use plan amendment based on the
concept plan with certain conditions.
Steve Ach stated that the Planning Commission felt that the proposed
development was too intense and created a traffic problem and would have a
direct impact on the surrounding residential area. The Planning Commission
voted to recommend denial of the requests.
Mayor Duitsman opened the public hearing.
Dennis Anderson owner of Outlot A stated that the planned use for Outlot A has
always been some type of Highway use. He indicated that it is his intent to effect
as few homes as possible in the surrounding area. He stated that it has never
been his intention to use Outlot A as residential.
Ron Peterson. 11625 197th Avenue North. indicated his opposition to the proposed
request for rezoning and land use amendment. He indicated that at one point
Outlot A was designed as a residential area. He further stated he felt that the
commercial plan is inconsistent with the character of the Brentwood subdivision.
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City Council Meeting
May 15.1995
Page 7
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Ted Travlca. 19702 Irving Street. indicated his opposition to the request for land
use amendment and rezoning. He stated that the allowing of a commercial use
would be an intrusion to the homes in the area. Mr. Travica provided a letter to
the members of the City Council which will be made a part of the official record
of this Council meeting.
Dale Miller. 11795 196th Avenue NW, indicated his opposition to the request. He
stated that he was told that Outlot A was going to be parks. townhouses, or single
family dwellings. He indicated he would not have purchased a lot if he had been
aware of the proposed commercial developments.
AI Fischer, 11946 196th Circle, stated his opposition to the request. He indicated
he had been informed that Outlot A was not intended for commercial
development. He further stated that he would not have purchased his property
had he been aware of the fact that Outlot A may be developed as commercial.
Wayne Traaseth, 11707 194th Avenue NW. indicated his opposition to the request.
He stated his concern regarding the amount of traffic that would be generated
by the rezoning. He indicated that rezoning of the property to allow commercial
development would devalue the surrounding residential property.
Bob Sturgis, 11789 197th Avenue NW, indicated his opposition to the request. He
stated that the Steering Committee has not yet reviewed the future commercial
growth areas of the City. He further indicated his concern regarding traffic in the
area.
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Phil Johnson, 19440 Holt Avenue, indicated his opposition to the request. He
indicated that a rezoning to allow commercial development would adversely
affect the residential neighborhood. He further indicated that commercial
development would require sewer and water and stated that the extension of
sewer and water to his neighborhood would negatively affect his property. Mr.
Johnson discussed the issue of traffic routes to access the mall. He stated that he
is concerned regarding the safety of the children as residential streets would be
used as routes to access the mall.
Michael Fox, 11747 197th Avenue, indicated his opposition to the request. He
stated that property values would be negatively affected. He further indicated
his concern regarding the safety of the children and the value of the homes in
the area.
Jenny Stone, 19783 Lowell Avenue, indicated her opposition to the request.
William Jones, 11763 194th Avenue. indicated his opposition to the request. He
stated that he knows of no other cities that build malls next to residential areas.
Rolfe Anderson, 19411 Irving Circle, indicated his opposition to the request. He
stated that the intersection of 193rd Avenue and Highway 169 is creating a
hazard for the children to cross Highway 169. He indicated he would rather see
residential development along the highway.
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There being no further comments. Mayor Duitsman closed the public hearing.
City Council Meeting
May 15,1995
Page 8
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Council member Scheel indicated that she is aware of several communities that
have built shopping malls next to residential areas. She stated that this is not an
unusual case. She further indicated that according to a covenant for the
Brentwood area dated 1981 , Outlot A was not proposed for residential
development.
Councilmember Farber spoke of the concern regarding the impact traffic would
have in the Brentwood area if the property were rezoned for commercial use.
Councilmember Farber indicated that he did not feel that area warranted
commercial development. He indicated he was opposed to the request.
Council member Holmgren spoke about the decision of the Council to not want
commercial development to the west of the City due to the Business Park and
further indicated that there is no sewer and water to the east of the City along
Highway 10. He indicated this leaves only Highway 169 for commercial
'development at the present time. He stated he felt this issue should go back to
the Planning Commission for review and further stated that he was not convinced
. that Outlot A should only be developed as residential property.
Mayor Duitsman stated that he felt commercial development could go up to
197th Avenue. He indicated that he is concerned about protecting the residents
in the area with some type of a buffer from the commercial development. He
further indicated he did not feel that Outlot A was a residential piece of property.
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Councilmember Dietz voiced his support for Planning Commission members and
their review of this proposal. He indicated that he felt the City would also be
receiving a request from developers on the east side of Highway 169 to extend
commercial development up to 197th Avenue. He further stated that he felt
Outlot A was conducive to commercial development, however. he indicated
that he disagreed with the proposed concept for a big box retailer in that area.
Council member Dietz stated that Elk Park Valu Center is surrounded by two major
roads whereas this property is surrounded only by one major road and residential
property. He stated that because of that, he would like to see the developer
submit a revised, down-sized concept. He stated that commercial development
will go north of 193rd A venue in this area as the City has a commercial site next to
Holt Avenue that it plans to sell in the future. Council member Dietz stated that
there must be some type of buffer between large commercial development and
residential areas.
The City Council discussed the size of commercial building that should be
proposed for Outlot A. After much discussion, it was decided that there would be
no need for the developer to return to the Planning Commission with new plans.
However, the developer should submit revised plans to the City Council for
review.
COUNCILMEMBER SCHEEL MOVED TO CONTINUE ITEMS 8.5. AND 8.6. TO THE JUNE 5,
1995, CITY COUNCIL MEETING. COUNCILMEMBER HOLMGREN SECONDED THE
MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Dietz opposed.
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City Council Meeting
May 15,1995
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8.8.
Consider Final Plat for Hillside Estates 4th Addition
City Planner Steve Ach indicated that Riverside Development is requesting final
plat approval for Hillside Estates 4th Addition located at the north of 193rd
Avenue along Auburn Street. Steve Ach reviewed the staff memo regarding this
issue.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT RESOLUTION 95-25, A RESOLUTION
GRANTING FINAL PLAT APPROVAL FOR HILLSIDE ESTATES 4TH ADDITION.
COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0.
8.9. Consider Correction to Plat of Meadowvale Heights Addition
City Planner Steve Ach indicated that the developer of Meadowvale Heights is
requesting a correction to some inaccurate bearings and distances on Outlot C
of the plat of Meadowvale Heights.
COUNCILMEMBER FARBER MOVED TO APPROVE THE CERTIFICATE OF CORRECTION
TO THE PLAT OF MEADOWVALE HEIGHTS. COUNCILMEMBER HOLMGREN SECONDED
THE MOTION. THE MOTION CARRIED 5-0.
8.10. Code Amendment for Zero Lot Line Develooments
No action was taken on this item at this time.
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10.
Other Business
UPA Truck Route - City Engineer Terry Maurer indicated that the culvert along
Highway 169 needs to be lowered in order to correct the drainage problems in
the surrounding area. He noted that UP A has indicated that they will be willing to
work with staff in lowering the culvert. Terry Maurer stated that UPA has
requested that the City allow a diversion in their truck route during the time that
the culvert is being lowered.
COUNCILMEMBER HOLMGREN MOVED TO ALLOW THE TRUCK ROUTE TO BE ALTERED
FOR ONE WEEK IN ORDER TO ACCOMMODATE THE LOWERING OF THE CULVERT IN
THAT AREA. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION
CARRIED 5-0.
Como Plan - City Planner Steve Ach updated the City Council on the
Comprehensive Land Use Plan.
MnDOT Tour - The City Administrator updated the Council on the MnDOT
Tour/Luncheon to be held May 26.
Leqislative Uodate - The City Administrator updated the Council on Legislative
Updates.
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Business Park Imorovements - Steve Ach updated the Council on the Business Park
Improvements.
City Council Meeting
. May 15.1995
Page 10
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11.
Adiournment
There being no further business. COUNCILMEMBER FARBER MOVED TO ADJOURN
THE MEETING. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
MOTION CARRIED 5-0.
The meeting of the Elk River City Council was adjourned at 9:50 p.m.
Respectfully submitted.
J.II/~/lrJ#~
'sand;;Thlckeray ~v_ U ~0
City Clerk
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