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10-02-1995 CC MIN e MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, OCTOBER 2,1995 Members Present: Mayor Duitsman, Councilmembers Dietz, Scheel. Farber and Holmgren Members Absent: None Staff Present: Pat Klaers, City Administrator; Steve Ach, City Planner; Terry Maurer, City Engineer; Peter Beck, City Attomey; Steve Rohlf, Building and Zoning Administrator 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 6:22 p.m. by Mayor Duitsman. 2. Consider Council Aaenda The following items were added to the agenda 5.7 Reconsider Concrete Curbing on Parking Lot at Woodland Trails Park 8.5 Request for Equipment for the Street/Park Department e COUNCILMEMBER FARBER MOVED TO APPROVE THE OCTOBER 2, 1995, CITY COUNCIL AGENDA AS AMENDED. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 3. Consider Consent Aaenda Councilmember Holmgren requested to remove item 5.4 from the consent agenda. COUNCILMEMBER FARBER MOVED TO APPROVE THE CONSENT AGENDA AS FOLLOWS: 4.1 SEPTEMBER 18, 1995, EXECUTIVE SESSION MINUTES--APPROVED 4.2 SEPTEMBER 18, 1995, REGULAR MEETING MINUTES--APPROVEO 4.3 SEPTEMBER 25, 1995, REGULAR MEETING MINUTES--APPROVED 10. CHECK REGISTER--APPROVED COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. 5. Administration 5.1 Consider City Council Meetina Schedule e COUNCILMEMBER FARBER MOVED TO CALL A SPECIAL MEETING FOR MONDAY, OCTOBER 30, 1995 AT 6:00 P.M. AND TO CALL A COMPREHENSIVE PLAN PUBLIC HEARING FOR MONDAY, NOVEMBER 27, 1995. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. Elk River City Council Minutes October 2, 1995 Page 2 . 5.2 Discuss Current City Ordinance Reauirina Development Within Urban Service Area to Hook UP to City Water & Sewer Steve Ach, City Planner stated that to change our development approach would be a major shift in city policy and would have tremendous long range implications when the east Elk River area receives sewer and water extensions. Peter Beck, City A ttomey indicated that this is a policy issue but he would agree with staff's comments. Bob Minton, Planning Commission is in favor of the requested change because of the opportunity to increase the tax base. This change would only be done for industrial or commercial developments and if there is not a significant distance from the availability of sewer and water. Mr. House, A ttomey for Dennis Chuba and Richard Kincanon, distributed a September 28 MNDOT letter which indicated that direct access to highway 10 would be allowed. Discussion took place by the Councilmembers that if this development request is allowed more people will want the same. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE REQUEST OF THE DEVELOPER TO CHANGE THE CITY ORDINANCE. The motion died for a lack of a second. e COUNCIlMEMBER FARBER MOVED TO DENY THE REQUEST FOR AN ORDINANCE AMENDMENT. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 2-1-2. COUNCILMEMBER SCHEEL OPPOSED. Councilmemt.er Holmgren and Mayor Duitsman abstained. 5.3 Consider Proposals for Heatina and Air Conditionina System for Fire Station Bruce West, Fire Chief reported the fire station is in need of a new heating and air conditioning system due to a buildup of carbon monoxide. The heating system is original equipment which was put in when the station was built in 1971. Cliff Skogstad, Building Inspector noted that carbon monoxide buildup had occurred at certain times in past heating seasons. Bruce West recommended the proposal from Peterson and Pinney Co.. for the installation of a new heating, AIC system and water heaters for the fire station for $7,283.26. The funding would either come from the contingency fund or the major equipment reserve fund. COUNCILMEMBER DIETZ MOVED TO APPROVE THE PROPOSAL FROM PETERSON AND PINNEY CO.. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 504 Consider Resolution Amendina Street and Storm Sewer Assessment Rates e Councilmember Holmgren asked about the large percentage increases that are proposed. The City Engineer noted that the rates have not changed for a few years and therefore a larger than normal increase is being requested. Elk River City Council Minutes October 2, 1995 Page 3 . COUNCILMEMBER DIETZ MOVED TO APPROVE RESOLUTION 95-65. A RESOLUTION ESTABLISHING THE ASSESSMENT RATE FOR STREET AND STORM SEWER IMPROVEMENT PROJECTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.5 Review Recommendation for Dodae A venue Improvements as Reauested bv Mr. Kedrowski COUNCILMEMBER DIETZ MOVED TO APPROVE THE MR. KEDROWSKI IMPROVEMENTS AS OUTLINED IN THE SEPTEMBER 27. 1995 CITY ENGINEER'S LETTER AND TO DIRECT MR. KEDROWSKI TO COME BACK TO THE COUNCIL WITH QUOTES FOR CEMENT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. 5.6 Reauest to Fill a New Street/Parks Laborer Position COUNCILMEMBER HOLMGREN MOVED TO AUTHORIZE INTERVIEWS FOR THE NEW STREET/PARKS LABORER POSITION. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5.7 Reconsider Concrete Curbina on Parkina Lot at Woodland Trails Park e Dave Anderson. Chairman of the Park and Recreation Commission requested that the City Council reconsider installing concrete curbing around the parking lot in Woodland Trails Park. COUNCILMEMBER DIETZ MOVED TO APPROVE THE COST FOR THE PARKING LOT ONLY AT $6,000. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Scheel and Mayor Duitsman opposed. 8. Public Hearina: Consider Concept Plans for Mississippi Riverfront Pathway Proiect Bill Rubin. Executive Director of the HRA and Jim Tralle. Riverfront Corridor Committee Chair informed the Council that the HRA has voted on continuing the conceptual approval of the Riverfront Pathway Project to enter "phase two" and "phase three" of the contract. The estimated costs for phase two and three are $11.389.00 (plus expenses). Paul Paige of Hoisington Koegler Group. Inc. presented the concept plans of the Mississippi Riverfront Pathway Project to the City Council . Mayor Duitsman opened the public hearing. Jackie Schuelein. Executive Vice President of the Elk River Area of Chamber of Commerce e Ms. Schuelein distributed a letter from the Chamber's Board of Directors and requested that it be entered into the public hearing record. The Board of Directors is in support of the concept of the Mississippi Riverfront Pathway Project. Elk River City Council Minutes October 2, 1995 Page 4 e Shelle Jewett Perlebera. Nclfural EXDressions Florist Ms. Jewett Perleberg is in support of the concept plan. Ms. Jewett Perleberg grew up in Elk River and would like people to have memories of the river as she did. Paul Ammerman. 11965 191 st Street Mr. Ammerman is representing United Power Association. Mr. Ammerman is in support to bring the concept of Mississippi Riverfront Pathway Project further. Mr. Ammerman stated this plan would have an impact on people wanting to live and work in Elk River. Gerald Palmer. 13538 Island View Drive Mr. Palmer is opposed to this project. Mr. Palmer stated that all money spent is your money in one way or another. If this project goes through, what is there to force the businesses to clean up their backyards? There are other things that our money can be spent on and other things that can make a difference a lot more than this project. Bob Minton. 13700 Riverview Drive e Mr. Minton is in favor of the concept plan. Mr. Minton would like to see the local history brought out in the downtown area as it is in the concept plans. AI Nadeau. 621 Main Street Mr. Nadeau is in support of "phase two" where the serious questions will be answered; funding, costs, etc.. Mr. Nadeau stated the reason why the backyards of the businesses are the way they are is because of erosion. The river has lost between 30 to 40 feet of riverbank since 1971. If the erosion is not taken care of, the Riverfront Pathway Project will not come across his property. This project will not do much for his business but it will be effective for the community. Dennis Chuba. Residina on 175th Avenue Mr. Chuba supports the concept plans. Mr. Chuba urged the City Council to go forward. Bud Houlton. 729 Main Street Mr. Houlton is in support to continue to "phase two". Mr. Houlton is also concerned about funding. John Anderson. 208 Knoll Avenue e Mr. Anderson is concerned about ongoing future maintenance costs for the Mississippi Riverfront Pathway Project. It is important to remember long term costs. Elk River City Council Minutes October 2, 1995 Page 5 e Sharon Bromen. Bookstore Owner Ms. Bromen is currently located in the Elk River Mall but she has been looking for a different location. Ms. Bromen is in support of this project and would like to move her business downtown if this project goes through. Robin Tuttle. 13324 Ranch Road Ms. Tuttle supports the concept of the Mississippi Riverfront Pathway Project. Ms. Tuttle grew up in Elk River and remembers when downtown used to be a busy place. Councilmember Scheel stated that Mr. Fuchs could not be present tonight but Mr. Fuchs is opposed to this project. Mr. Fuchs feels that the people who develop that area should be responsible for the river development as well. There being no further comments. Mayor Duitsman closed the public hearing. Mayor Duitsman and Councilmember Dietz both indicated their concem over the finances for the project but both supported doing phases II and III. Councilmember Farber and Holmgren concurred. Councilmember Scheel stated her opposition to the project. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONCEPT PLANS IN ORDER TO ENABLE THE HRA'S RIVERFRONT CORRIDOR COMMITTEE THE OPPORTUNITY TO CONTINUE WORKING WITH HOISINGTON KOEGLER GROUP PURSUANT TO THE CONTRACT FOR SERVICES. COMMISSIONER FARBER SECONDED TH EMOTION. TH E MOTION CARRIED 4-1. Councilmember Scheel opposed. 7. Open Mike No one appeared for this item. 8.5 Reauest for Eauipment for the Street/Parks Department Phil Huls, Street/Park Superintendent is requested the purchase of a road widener or shouldering machine for $5.000. Phil also requested a single truck spreader for about $5.000. There is enough money for the items in the streets equipment reserves budget. COMMISSIONER HOLMGREN MOVED TO PURCHASE BOTH PIECES OF EQUIPMENT WITH STREETS EQUIPMENT RESERVES. COMMISSIONER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9. Plannina 9.1 e Consider Conditional Use Permit Reauest for District 728, Public Hearinq, Case No. CU 95-24 Elk River City Council Minutes October 2, 1995 Page 6 e steve Ach, City Planner stated Independent School District #728 is requesting a conditional use permit to construct a 21,000 square foot public works building in the Elk River Industrial Park. It was consensus of the EDA to proceed with the negotiations for sale of the property to the school district. Independent School District #728 has submitted an updated site plan, per Planning Commission recommendation number 2. Mayor Duitsman opened the public hearing. Randal Robinson. Teseom Mr. Robinson, representing Tescom, strongly objected to the outside storage part of the facility. Tescom has an image to uphold and does not wish to be located next to a storage facility. If this facility is built with outside storage of any kind, T escom will find it extremely difficult to expand in the industrial park area or anywhere else in the City of Elk River. Steve Ach, City Planner stated the city ordinance allows outdoor storage in the industrial zone but that it has to be 100% screened. There being no further comments, Mayor Duitsman closed the public hearing. e COUNCILMEMBER HOLMGREN MOVED TO APPROVE WITH THE FOLLOWING CONDITIONS: 1. A DRAINAGE AND GRADING PLAN BE REVIEWED AND APPROVED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. AN UPDATED LANDSCAPE PLAN INDICATING MORE PLANTlNGS ON THE BERM TO SCREEN THE LOADING DOCKS BE PREPARED. THE LANDSCAPE PLAN SHOULD ALSO INCLUDE SIZE AND SPECIES OF TREES TO BE PLANTED, LOCATION OF UNDERGROUND IRRIGATION, AND SOD AND SEED AREAS. 3. ALL CONCERNS OF THE EDA BE INCORPORATED INTO THE SITE PLAN. 4. THE ENTIRE PARKING AREA AND DRIVES WITH THE EXCEPTION OF THE SOUTH SIDE OF THE PARKING AREA BE BOUND WITH B612 CONCRETE CURB AND GUTTER. 5. A PAINTED ACCENT STRIPE OR OTHER DECORATIVE FEATURE BE CONSIDERED AROUND THE ENTIRE BUILDING IN ORDER TO GIVE THE BUILDING A MORE AESTHETIC APPEARANCE. 6. THE LOCATION OF A TRASH ENCLOSURE BE IDENTIFIED ON SITE. THE ENCLOSURE MUST BE LARGE ENOUGH TO ACCOMMODATE RECYCLABLE MATERIAL AND SHOULD BE COMPATIBLE WITH THE PROPOSED BUILDING. e 7. NO OUTSIDE STORAGE WILL BE ALLOWED UNLESS A CUP AMENDMENT IS APPROVED BY THE CITY COUNCIL. Elk River City Council Minutes October 2, 1995 Page 7 e 8. IF THIS APPLICATION IS APPROVED 4 SETS OF REVISED PLANS MUST BE DELIVERED TO CITY HALL PRIOR TO ISSUANCE OF A BUILDING PERMIT. 9. THE APPLICANT SHALL INCLUDE PLANS FOR ADEQUATE SCREENING TO BETTER PROTECT THE NEIGHBORING INDUSTRY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Scheel abstained. 9.2 REP, Ltd. of Elk River Reauest for Conditional Use Permit. Public Hearina, Case No. CU 95-22 Steve Ach, City Planner described the Area Learning Center as a high school diploma program offered through Elk River School District #728 for "at risk" students ranging in age from 14 to adult. The school also gives students the opportunity to make up classes in the afternoon or evening which they failed at regular school. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. e Councilmember Dietz is concerned with the Police Departments comments stating that the site is in a problem area. The Police Department would like to recommend that the area be kept unobstructed by landscaping features such as clusters of shrubs and groves of trees. which provides hiding places and obstructed viewing from the street into the parking lot. The Police Department is also concerned regarding park benches or sitting areas which promote loitering. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY R.E.P. LTD OF ELK RIVER TO OPERATE AN AREA LEARNING CENTER EDUCATIONAL USE WITH THE FOLLOWING CONDITIONS: 1. THE HOURS OF OPERATION BE LIMITED TO 7:00 A.M. TO 9:00 P.M. EACH DAY OF THE WEEK. 2. THE APPLICANT PROVIDE STAFF WITH A LANDSCAPE PLAN ILLUSTRATING THE PROPOSED LANDSCAPING THAT WILL BE COMPLETED AS PART OF THE VARIOUS SITE IMPROVEMENTS. 3. ADDITIONAL DRAINAGE INFORMATION WILL NEED TO BE PROVIDED IDENTIFYING THE DRAINAGE OF THE PARKING AREA AND ITS DIRECTION OF FLOW AS IT LEAVES THE PROPERTY. 4. ALL OF THE INTERIOR IMPROVEMENTS TO THE BUILDING BE COORDINATED WITH THE CITY'S BUILDING OFFICIAL IN ORDER TO MEET AL BUILDING CODE REQUIREMENTS. 5. INCORPORATE COMMENTS FROM THE POLICE DEPARTMENT INTO THE SITE DESIGN AND LANDSCAPING PLANS. e 6. SOD BERM AREA ALONG EAST SIDE OF PROPERTY BY FALL OF 1995. 7. USE OF THE BUILDING SHALL HAVE NO ADVERSE EFFECT ON ADJACENT PROPERTY OWNERS. Elk River City Council Minutes October 2, 1995 Page 8 e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.3 Zone Chance and Land Use Chanae Reauest {A 1 to 121 by the Shiely Comoany, Public Harina, Case No. ZC 95-7 and LUA 95-7 Steve Rohlf. Building and Zoning Administrator indicated that the Shiely Company is requesting a lond use change for A/Agricultural to MI/Medium Industrial and a zone change from A-1 / Agricultural to 1-2/Medium Industrial. The parcel described is owned by Julius Nemeth who has co-signed the zone change application. There is approximately 10 acres in the southeast corner of the parcel described that is currently leased by Elk River Bituminous and is being run as a gravel mine. The Shiely Company is requesting the changes to the land use and zoning on this parcel to accommodate a concrete ready mix plant. e COUNCILMEMBER SCHEEL MOVED TO APPROVE RESOLUTION NO. 95-66. A RESOLUTION AMENDING THE COMPREHENSIVE PLAN TO CHANGE THE LAND USE FROM A/AGRICULTURAL TO MI/MEDIUM INDUSTRIAL AND TO APPROVE ORDINANCE 95-26. AN ORDINANCE AMENDING THE CITY OF ELK RIVER ZONING MAP TO REZONE CERTAIN PROPERTY FROM A-1/AGRICULTURAL CONSERVATION DISTRICT TO 1-2/MEDIUM INDUSTRIAL DISTRICT. COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 9.4 Conditional Use Permit Reauest by the Shielv Comoany {Concrete Ready Mix Plant!. Public Hearinc Case No. 95-17. Steve Rohlf, Building and Zoning Administrator indicated that the Shiely Company is requesting an amendment to an existing conditional use permit for mineral excavation to allow the placement of a concrete ready mix plant within their existing pit. Issues such as drainage, dust control. hours of operation were adequately addressed in the mineral excavation conditional use permit. Shiely is further proposing to plant trees along Highway 169 to help screen the ready mix plant. Concerns regarding hardsurfacing around the plant area were discussed. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT WITH THE PROPOSED AMENDMENTS TO SHIELY'S CONDITION USE PERMIT TO ALLOW A CONCRETE READY MIX PLANT SUBJECT TO THE CONDITIONS BELOW: 1. THE 50 PINES. 2 TO 10 FEET HIGH BE PLANTED ON THE BERM BETWEEN THE SUBJECT PROPERTY AND US TRUNK HIGHWAY 169 BY 1996. FURTHER. A MINIMUM OF 20 OF THESE TREES ARE TO BE 8-10 FEET HIGH. . 2. THAT SIGNAGE FOR THE READY MIX PLANT BE ALLOWED AS PER THE 1-2 ZONE. IN ADDITION. NO BILLBOARDS ARE ALLOWED ON THIS PROPERTY. Elk River City Council Minutes October 2, 1995 Page 9 e 3. HARDSURFACING OF THE LANDING AREA AND AROUND THE PLANT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Councilmember Dietz abstained. 9.5 Wetland Replacement Plan Reauest bv Jeff Mastlev and Randv Lindauist (Weatherwood Subdivision) Case No. WCA 95-4 Steve Rohlf, Building and Zoning Administrator informed the Council that Jeff Mastley and Randy Lindquist are requesting approval to fill .32 acres of wetland area in the Weatherwood Subdivision. The filled wetland area would be replaced by .64 acres of replaced wetlands on the same property. COUNCILMEMBER FARBER MOVED APPROVAL OF THE REPLACEMENT PLAN PROVIDED BY JEFF MASTLEY AND RANDY LINDQUIST TO FILL .32 ACRES OF WETLANDS WITHIN THE WEATHERWOOD SUBDIVISION AND REPLACE THE LOST WETLAND AREAS WITH .64 ACRES OF CREATED WETLANDS, WITH THE FOLLOWING CONDITIONS: 1. THE MITIGATION AREA ON LOT 5 AND 6, BLOCK 1 BE RELOCATED TO NOT INCLUDE ANY PORTION OF COUNTY DITCH 28 WITHIN THE MITIGATION AREA. e 2. A LEGAL DESCRIPTION BE PROVIDED FOR BOTH THE REPLACEMENT AREAS AND RECORD WITH SHERBURNE COUNTY AS REQUIRED BY THE WETLAND CONSERVATION ACT. 3. A MONITORING PLAN BE SUBMITTED ON YEARLY BASIS BY THE DEVELOPER SO THAT THE PROGRESS OF THE REPLACED WETLANDS CAN BE ASSESSED. 4. THE CITY DETERMINE A DOLI AR VALUE OF THE WETLAND REPLACEMENT AREAS AND INCLUDE THAT WITH THE LETTER OF CREDIT WHICH IS REQUIRED AS PART OF THE FINAL PLAT APPROVAL TO ENSURE THAT THE REPLACED WETLANDS DO IN FACT BECOME WETLAND. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5- O. 5.2 Discuss City Ordinance Reauirina Development Within Urban Service Area to Hook UP to City Water & Sewer. Mr. House, Attorney for Dennis Chuba and Richard Kincanon indicated they will be exploring all of their options including submitting a petition for sewer and water. Mr. House stated that maybe they will request $150,000 in T1F funds and build in the business park. The developers need assistance from the city for their proposed project. e Mayor Duitsman would like Peter Beck, City Attorney, to comment on the city development policy including some pros and cons. 6.0 Other Business/Staff Updates Elk River City Council Minutes October 2, 1995 Page 10 e Pat Klaers, City Administrator updated the council on the Mighty Ducks grant application. Councilmember John Dietz stated Miles Knutson, 186 & Naples is concerned about upgrading his private road. John Dietz requested to have Terry Maurer, City Engineer contact Mr. Knutson. Mayor Duitsman would like city staff to check on the new area code proposals and how it will affect Elk River. Councilmember Scheel indicated that she had received a petition in support of retaining the 10 acre minimum. All Councilmembers confirmed receiving the same petition. Councilmember Holmgren is concerned about the intersection of Highway 169 and School Street. The city needs to have enforcement for trucks and cars that go through the red light. 10. Adiournment There being no further business, COUNCILMEMBER SCHEEL MOVED TO ADJOURN THE MEETING. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. e The meeting of the Elk River City Council adjourned at 9:37. Respectfully submitted, ~ Dw~~ Michelle Dwyer Recording Secretary .